Atlanta Premises Liability Attorneys
As a guest of a property, a pedestrian, or a visitor to a business, home, government building, or another private or public site, the last thing that you expect is to suffer an injury. Yet when hazardous conditions exist, that’s exactly what can happen. At the law office of Dubose Miller, our Georgia premises liability lawyers know how terrifying being involved in an accident is, and we understand that after an accident, you may be facing severe damages that impact your life long-term. When you need help advocating for your rights and bringing forth a premises liability claim for damages, our firm will be ready to fight for you. Reach us today for your free consultation.
What Is Premises Liability?
When a person is injured on the property of another person or entity, there may be a cause of action for a premises liability claim. A premises liability claim is a type of civil suit that is filed when the negligence or wrongdoing of a property owner leads to the harm of another person.
Through a premises liability claim, an individual can recover compensation for medical expenses, lost wages, any property damage costs they’ve suffered, and the value of their pain, suffering, and emotional distress. Common types of premises liability accidents include:
- Slip and fall accidents. Slip and fall accidents are a very common cause of injury, including traumatic brain injuries, neck and back injuries, and bone fracture injuries. Slip and falls can be caused by unsafe walking surfaces, spills of food and drink, objects in walkways, broken stairs, torn carpets, depressions in walking areas, and other hazards.
- Elevator and escalator accidents. An elevator or an escalator accident can be devastating. These accidents are usually caused as a result of elevator or escalator defects; the manufacturer of the elevator or escalator could be to blame, or the property owner could be held liable for their failure to properly maintain or service the elevator/escalator.
- Swimming pool accidents. Swimming pools are a great way to spend a day in the sun and cool off, but they can also be dangerous—drowning and near-drowning accidents are a real threat. Tragically, the Centers for Disease Control and Prevention (CDC) reports that drowning is the leading cause of death for children ages one through four. If a pool is uncovered or if there is not a fence blocking access to the pool, or if children are unsupervised or there are other hazards around the pool, the risk of drowning increases.
- Amusement park accidents. Amusement parks may be highly entertaining places, but they can also be risky. In addition to slip and falls and drowning accidents (in amusement parks that include water parks or/and water rides), ride injuries are possible. Ride injuries may occur because of operator inattention, failure to instruct guests on safety protocols, failure to perform ride maintenance and repairs, or ride defects.
- Negligent security accidents. A negligent security claim arises when a person is harmed as a result of a lack of adequate security on a property. Common negligent security crimes include burglary, sexual assault, and assault.
- Fires. A fire that leads to burn injuries, smoke inhalation injuries, or death is nothing short of tragic. Sometimes, fires are the result of preventable hazards or defects on a property.
- Dog bites. Dog bites often fall into the category of premises liability claims. If you’ve been bitten by a dog, our Georgia personal injury lawyers can help you to understand your rights and options.
The Duties of a Property Owner
Property owners have the responsibility of maintaining their properties in reasonably safe condition. If a hazard or defect exists on the property, they also have the duty of remedying that hazard or defect within a reasonable amount of time.
When it comes to child trespassers, property owners have a duty to take reasonable action to protect children from accessing what is known as “attractive nuisances,” such as trampolines, old vehicles, swimming pools, etc. on a property. Note that the duty of care—to maintain a property in a reasonably safe condition and to remedy any known hazards within a reasonable amount of time—is only extended to those who are on the property legally. There is no duty extended to trespassers, except for children per the attractive nuisance doctrine.
What You’ll Need to Prove to Win Your Claim
In order to win a premises liability suit against a property owner in Georgia, you’ll need to prove the following elements:
- The property owner owed you a duty of care. The first thing that you’ll need to establish is that you had a right to be on the property and were not trespassing at the time of your accident. If you were trespassing, you may not have any right to bring forth a claim.
- A hazard existed on the property. The second thing you’ll need to establish is that a hazard existed on the property.
- The property owner knew or should have known of the hazard. Not only will you need to prove that a hazard existed, but that the property owner knew or should have known about the hazard.
- The property owner failed to remedy the hazard in a reasonable amount of time. What’s a “reasonable” amount of time can vary on a case-by-case basis. Essentially, though, if an unreasonable amount of time passed between when the property owner knew or should have known of the hazard and when they remedied it, you have a case.
- The hazard was the proximate cause of your injuries. Finally, you’ll need to prove that your accident and injuries would not have occurred but for the hazardous condition.
Call Our Georgia Premises Liability Law Firm Today
If you’ve been injured on someone else’s property, you deserve to be compensated in full. For your free, no-obligation consultation with the law firm of DuBose Miller, call us directly today, visit our law office in person, or send us a message online at your convenience. We will fight for you!