If you are wondering what a premises liability case is, understand that it involves holding a property owner liable for creating or failing to fix a dangerous situation on the property that leads to you suffering an injury.
You and your attorney need to show that it was possible for the property owner or occupier to prevent your injuries by making repairs or cleaning up a spill, yet the property owner failed to do so. If you can do this, you have the right to seek compensation for your pain and suffering, medical bills, and lost wages.
Common Incidents That Lead to a Premises Liability Case
Premises liability cases cover quite a few potential situations. Although many of these cases involve a slip or trip and fall, there are many situations that could result in a case, including:
- Broken stairs or railings: Where someone walking could fall because of damage on the property
- Damaged sidewalks: Where a broken sidewalk or an uneven section of sidewalk could lead to injuries
- Inadequate security: Where, depending on the use of the property, owners fail to provide security to protect visitors from assaults, such as at the mall, at an amusement park, or at a sports arena
- Swimming pool fencing: Where, depending on local regulations, a swimming pool owner did not have security fencing around the pool to prevent small children from wandering onto the property and falling into the pool
- Dog bite: Where if a dog owner fails to keep a dog secured and the dog bit you, you have a potential liability case
- Dangerous environmental conditions: Where a property owner did not store dangerous chemicals away from areas where visitors to the property suffered exposure
The facts in your individual case that you and your attorney discover will determine whether you have the right to pursue damages for your premises liability injuries.
For a free legal consultation, call (404) 888-8888
Am I Guaranteed to Win My Premises Liability Case?
Understand that just because you suffered an injury on someone else’s property, it does not guarantee that you will win your case. You and your attorney must have facts on your side that show the property owner allowed a hazardous situation to exist that led directly to your injuries.
Some of the circumstances that could leave you unable to win a settlement include:
- Being illegally on the property: If the property owner’s insurance company can prove you were illegally on the property, the property owner does not owe you a duty of care, as defined in OCGA §51-3-3.
- Simple accident: If the insurance company can prove that your injuries occurred because of an unpreventable accident that just randomly occurred on the property, you will not win an award. You and your attorney must be able to show that negligence occurred.
- Your injuries occurred elsewhere: If the insurer can show that you suffered your injury somewhere else, such as in a car accident, it may be able to argue that the accident on the property did not actually cause or worsen your injuries. You and your attorney will need to have precise medical records available to counter this argument.
- Lack of opportunity to fix the problem: Georgia state law says property owners must have time to learn about the hazardous situation and to either fix it or warn visitors about it. If the property owner could not have known about the danger, you may not qualify to win a settlement.
You and your lawyer will need to collect the facts in the case, ensuring you have a counterargument when the insurance company tries to argue that its client did nothing wrong.
We Take Pride in Helping Victims Win the Awards They Deserve
A premises liability case involves a property owner or occupier allowing a dangerous situation on the property to remain in place, which then results in you suffering injuries.
At Bader Scott Injury Lawyers, we will work to prove the facts in your premises liability case and fight for you to receive the settlement you deserve. You should not have to suffer financially because of the actions of a negligent property owner.
We Will Keep Your Case Moving Forward
Understand that victims in personal injury cases have up to two years to start the process, according to OCGA §9-3-33. We recommend that victims contact us as soon as possible after the accident, so we can begin investigating the case while the facts remain fresh in the minds of witnesses.
Call us Today for a Free Evaluation
Reach out to Bader Scott Injury Lawyers at (404) 888-8888 today for a free case review. We fight against insurance companies that try to delay these types of cases. As we work for a contingency fee, you don’t owe us anything upfront for our services. Instead, we will deduct our payment from your compensation award should you receive one.