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Premises Liability Lawyer

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By law, a property owner must always be able to maintain safe conditions for visitors under the concept of premises liability. If a visitor becomes harmed for any reason because the property conditions were unsafe, the fault will lie with the property owner.

This liability requires property owners to be held fiscally responsible for any medical bills the victim may have as a result of an accident that took place on their property. Depending on the type of property that was involved in the accident, the severity of the accident, and the level of neglect on the property owner’s end, liability specifics can vary greatly.

If you think that the injury or harm you sustained on another person’s property was the responsibility of the owner, you should contact one of our Georgia premises liability attorneys right away. We have experience with negotiating settlements with insurance carriers, tenants, and property owners, and we can take your case to court if that fails.

Common Premises Liability Cases

There are some common premises liability cases attorneys handle on a regular basis, including:

Slips and Falls: Uneven pavements, icy walkways, and wet floors can frequently lead to slips and falls. If the warnings are inadequate, or there are no warnings at all, a property owner could be held responsible for these accidents.

Assaults: If the property is in a high-crime area, the owner is required to hire security personnel. If a visitor is attacked on a property that lacks adequate security, the owner may be held responsible. For instance, if a shopping mall parking lot doesn’t contain any lighting, this presents an opportunity for a perpetrator to hurt someone.

Elevator or Escalator Accidents: If an elevator fails to stop level and even to the building’s floor, a person could become seriously injured prior to entering or leaving the elevator. Elevators can slam to a hard stop, or drop several stories before coming to a hard stop. Should this happen to you or someone you love, a premises liability lawsuit can be filed against the manufacturer as well as the property owner.

Swimming Pool Injuries: Accidents in swimming pools typically revolve around the lack of a protective barrier or fence. If the pool isn’t secured adequately, the property owner may be held accountable for any injuries that occur.

Accidents at Amusement Parks: There is a broad scope of injuries that could occur at an amusement park, ranging from minor to disastrous. Severe injuries could even result in death. Any waiver that was signed or implied doesn’t automatically prevent a property owner from being held responsible for any injuries someone sustains.

Concert Injuries: If a venue contains a potential threat of injury that the owner did not address adequately, a concertgoer could receive compensation for damages. If a pyrotechnic malfunction were to happen during the show and someone became injured, as a result, the victim could seek compensation from both the management company and the performer.

Dog Bite: One of the most common personal injury cases involves dog bites. Each year, over 4.5 million people sustain injuries due to dog bites in the U.S., according to the Centers for Disease Control (CDC). Of those 4.5 million cases, 800,000 require medical care.

Three Mandatory Levels of Care for Property Owners

One person visiting another person’s property may not receive the same care level, as someone else may be due. There are three different types of individuals we will examine: invitees, licensees, and trespassers.

Invitees: An invitee is an individual who is invited to someone else’s property for the owner’s commercial benefit. For example, customers are regularly welcomed into a convenience store to purchase gasoline, food, and other items. The property owner owes the highest level of care to their invitees or guests.

It is the owner’s responsibility to inspect their premises continually and ensure that proper warnings are displayed or given for any hazards that may be present. Because these inspections are required, if the owner isn’t aware of any present hazards, they may be held liable in the event of an accident.

Licensees: A licensee is an individual who is invited to visit or remain on the property for non-commercial purposes, including social guests, friends, and family members. A property owner is still required to maintain and fix dangerous areas, but if someone were to become injured due to a hazard that was not known previously to the owner, they could not be held liable.

Trespassers: It’s evident that a trespasser is someone who is not authorized to be on someone’s personal or commercial property. The level of care for a trespasser is significantly less than it is for a commercial invitee or a licensee. Property owners cannot allow or create a dangerous, hazardous area to deliberately harm a trespasser.

Accidents Involving Children on Premises

Children are attracted to trampolines or pools that are often left unattended, which imposes a duty to property owners to keep their home free from any hazards that may harm them, according to Georgia law.

The attractive nuisance doctrine states that property owners can be held responsible for injuries children sustain if the following elements are in play:

  • The property owner knew or should have reasonably known that children could trespass on their property.
  • The owner knew or should have reasonably known of the existence of a hazard on their property that was likely to cause serious injury or death to a trespassing child.
  • The children who were trespassing weren’t aware of the dangerous situation, or, due to their age, did not understand the danger of the hazardous situation.
  • The added work and expense of fixing the hazard was minor, compared to the risk of injury it posed.
  • The property owner did not exercise the appropriate duty of care in removing hazardous conditions.

If a child is a guest on the owner’s property, the attractive nuisance doctrine doesn’t apply. It only applies to children who are trespassing on the property. When a child is a guest, it is much easier to prove liability on a property that contains hazardous conditions.

Proving Premises Liability Cases

There has been a history of people filing fraudulent premises liability claims concerning slips and falls, which has led to the American justice system establishing a set of elements the injured party or the plaintiff must be able to prove in order to receive compensation for their injuries. Our experienced legal professionals at The Eichholz Law Firm have helped accident victims negotiate with insurance companies and, when necessary, brought cases to trial to prove the extent and authenticity of the damages.

There are five main elements the law requires regarding premises liability:

  • The damages you sustained were real. Testimony from a medical expert, along with medical documentation, can prove the authenticity of your injuries.
  • The injury was sustained as a result of the defendant’s negligence. You must be able to prove that your injuries were a direct result of the property owner acting carelessly or negligently, or were a contributing factor.
  • Based on your status, a duty of care was owed to you by the defendant. You must be able to prove that you were a licensee or an invitee (or a parent of a trespassing child) at the time of the accident. Otherwise, the property owner is not required to compensate you for damages.
  • The property owner used their property in a careless or reckless manner. The plaintiff must be able to show evidence that the property owner used or managed their property in a negligent way.
  • The defendant lives, owns, or leases the property. You must be able to prove that the defendant had a duty of care as a property owner, which involves documentation and paperwork that includes a leasing agreement or ownership.

In the state of Georgia, a defendant could accuse the plaintiff of contributing to their own injuries or blame them for part or all of the accident. For instance, a property owner could claim that you were not paying attention to where you were going, which contributed to your injuries in a slip and fall. In these situations, the plaintiff may still be able to receive compensation for damages if the court doesn’t hold you responsible for more than 50% of the incident. The right legal team can prove that the property owner was entirely at-fault in order to fight the comparative negligence defense.

How Our Premises Liability Lawyers Can Help You

An experienced premises liability lawyer will review all of the details of your accident to determine if your claim for damages is viable. Your attorney will handle your claim by performing the following steps:

  • Collecting evidence, including video surveillance footage and photographs of the accident scene
  • Interviewing witnesses who saw the accident
  • Determining who could be held responsible for any damages you suffered
  • Reviewing all filed police reports
  • Collecting and reviewing all relevant medical documentation to comprehend the severity of your injuries

Additionally, medical experts may work alongside your attorney to explain to the jury how the accident caused your medical injuries. They can also discuss any forthcoming medical care you may need due to the accident.

Contact The Eichholz Law Firm

The Eichholz Law Firm has experienced personal injury attorneys who have helped victims recover hundreds of millions of dollars in legal action.

Call the Eichholz Law Firm today at (855)-551-1019 or fill out an online form for a free consultation.

Please seek the advice of a medical professional before making health care decisions.
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