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The Consequences of Building Code Violations on Premises Liability

November 15, 2023 Litigation

Premises liability refers to the legal responsibility of property owners to ensure the safety of individuals on their property. When building code violations are present, they can increase the risk of accidents and injuries, leading to potential legal consequences for property owners. You should speak with a premises liability lawyer to learn more about available legal options and filing a claim. 

Implications of Building Code Breaches on Atlanta Property Owners

Increased Risk of Accidents

Building codes are a set of regulations designed to ensure the safety and structural integrity of buildings. Violating these codes can lead to unsafe conditions within a property. 

For example, faulty electrical wiring can increase the risk of fires, inadequate structural support may lead to building collapses, and a lack of proper exits can hinder evacuation during emergencies. These unsafe conditions significantly elevate the likelihood of accidents, ranging from minor incidents like slips and falls to more severe and potentially life-threatening situations.

Legal Liability

Property owners have a legal duty to maintain a safe environment for individuals on their premises. When building code violations contribute to accidents or injuries, the property owner may be held legally liable for negligence. Negligence, in this context, refers to the failure to meet the standard of care expected of a property owner. You can file a premises liability lawsuit to obtain compensation for medical expenses, pain and suffering, and other damages.

Financial Consequences

Building code violations can lead to financial penalties imposed by local authorities. These penalties are meant to incentivize property owners to rectify the violations promptly. In addition to fines, property owners may face significant financial consequences if a premises liability lawsuit is successful. A hard-working and seasoned attorney may be able to get you compensation for medical costs, rehabilitation expenses, lost wages, and other damages.

Voiding Insurance Coverage

Many property insurance policies require compliance with building codes. If a property owner is found in violation of these codes and such violations contribute to an incident, the insurance coverage may be voided. 

This means that the property owner is personally responsible for covering the costs associated with accidents or injuries on the premises. Losing insurance coverage can be financially burdensome and heightens the importance of maintaining compliance with building codes.

Reputation Damage

Building code violations and the resulting legal issues can harm the reputation of a property owner or business. Negative publicity, especially in the age of social media and online reviews, can spread quickly and have lasting effects. 

A tarnished reputation may lead to a loss of customer trust, decreased patronage, and difficulties in attracting new tenants or customers. Reputation damage is a non-financial consequence but can have a significant impact on the long-term success of a property.

Injunctions and Remediation

Authorities may issue injunctions requiring property owners to address and remedy building code violations. This involves taking corrective actions, such as making necessary repairs or modifications to bring the property into compliance with the building codes. 

Failure to comply with these orders can result in additional legal consequences, including fines or even court-mandated closure of the property until the violations are rectified. Injunctions and remediation measures aim to ensure that the property is brought up to safety standards promptly.

Filing a Premises Liability Claim for Injury Resulting from Building Code Violations

If you are injured on a property, you may have grounds to sue for premises liability.

  • Failure to Address Known Violations: If a property owner is aware of building code violations on their premises but fails to address them, and this negligence leads to injuries, you may have a strong case for a lawsuit. 
  • Negligent Maintenance and Inspections: Property owners have a duty to regularly maintain their premises and conduct inspections to identify and rectify any building code violations. If negligence in maintenance and inspections contributes to your injury, you may have the legal basis for a premises liability lawsuit.
  • Code Violations Contributing to Accidents: If building code violations directly contribute to an accident or injury on the property, you may sue for premises liability. This could include situations where violations in the construction or design of the property lead to hazardous conditions.

In Georgia, the statute of limitations for personal injury claims, including premises liability cases, is two years. A skilled lawyer can help you understand your legal rights and fight to maximize your damages from the at-fault parties. 

Importance of an Experienced Attorney for Maximizing Compensation

The attorney you retain will conduct a thorough review of your premises liability case, carefully examining evidence, witness statements, and documentation to assess the strength of your claim. They will also work to identify and establish liability, determining who is responsible for the unsafe conditions on the property that led to your injury. Typical defendants include property owners, managers, and maintenance companies.

Depending on the circumstances, an experienced premises liability lawyer may consult with experts such as engineers, safety professionals, or medical experts to provide testimony or evaluations that bolster your claim. Lawyers can also handle negotiations with insurance companies on your behalf, presenting your case, providing evidence, and advocating for fair compensation during settlement discussions.

Choose a Dedicated Premises Liability Lawyer to Protect Your Rights

If you have been injured on someone else’s property, the competent premises liability lawyers at DuBose Miller can provide you with personalized legal advice and representation. Our resourceful attorneys have extensive experience and knowledge along with an impressive track record of favorable outcomes. To schedule your free consultation, call us at (404) 720-8111 or fill out this online contact form.