Property owners have a legal responsibility to make sure their premises are kept in such a way so as to not cause harm for people who enter. When a homeowner, business owner, government entity, or other party responsible for a property is negligent in caring for it and someone is injured as a result, the owner can be held liable for the victim’s damages. An Atlanta premises liability lawyer may be able to help.
Common Types of Premises Liability Cases
Premises liability is an area of personal injury law that deals specifically with preventable accidents that occur on others’ property. There is a wide range of accidents and injuries cited in premises liability cases. Below are just a few examples.
- Slips, trips, and falls
- Dog bites and animal attacks
- Elevator and escalator accidents
- Construction site accidents
- Collapsed porches, balconies and decks
- Being struck by falling merchandise
- Acts of violence resulting from negligent security
Do you have a viable premises liability case worth pursuing?
If you’ve been injured on another’s property or business in Georgia, you are welcomed to contact Atlanta premises liability attorney Jason Schultz for a free consultation. During the meeting, he will review your case and tentatively determine whether or not your case contains all the elements necessary to move forward and hold the owner liable. Essentially, there are four elements that you and your lawyer must be able to substantiate.
- The owner owed you a legal duty of care. When you are a guest, visitor, patron, etc. this element is easily established. If, on the other hand, you were trespassing or otherwise illegally on the premises, the owner will not have owed you any duty of care.
- The owner knew or should have known about the hazard that caused your injury and failed to amend it or failed to warn you about it.
- The owner’s actions (or inaction) were the direct cause of your injury.
- You sustained actual injuries as a result.
If the accident was preventable and there is adequate proof to support your case, you likely will have grounds to file a claim or lawsuit. Many accidents are, in fact, completely preventable. For example:
- You trip on uneven flooring or a defective threshold. The owner could have prevented it by simply maintaining safe premises or putting up a warning sign.
- You are strolling through your neighborhood, and your neighbor’s unchained dog viciously attacks you. The owner could have prevented it by properly restraining the dog.
- You are assaulted in a dimly lit store parking lot. The store owner could have prevented violence by either hiring security or ensuring that there was adequate lighting in the parking lot.
Compensable Damages You Can Recover
Filing a premises liability claim or lawsuit will not undo the harm you’ve suffered, but it can take away the huge financial burden that often accompanies serious accidents. There are multiple types of damages for which you can seek recompense, both tangible and intangible losses. Below are a few examples.
- Medical bills, both current and future
- Counseling and mental health treatments
- Loss of wages, loss of benefits, loss of promotion
- Disability, disfigurement and dismemberment
- Pain, suffering and mental anguish
- The emotional ramifications of the accident and your injury
- The impact the accident has had on your relationships, work, marriage and sense of well-being
- Death benefits for the victims’ families for fatal premises liability accidents