Georgia personal injury attorneys handle all sorts of cases. One of the most common types of cases they see are premises liability cases. A lot of our clients don’t even realize they have a claim for damages in these cases. That’s because a lot of them involve accidents at a friend or neighbor’s house. Very few people want to sue someone they know. It can make life more than a bit awkward.
The good news is that you don’t actually have to sue the property owner. In most of these cases, you’re suing their insurance company. Property owners are required to carry homeowner’s insurance. The same is true for commercial properties. People who own commercial property are required to carry general liability insurance. This covers any accidents that take place on the business’ premises.
Here, we’ll discuss what premises liability is. We’ll also discuss what injuries are most common with these types of cases. If you still have questions after reading this article, just give our office a call. You can schedule your free, initial consultation with one of our experienced Atlanta slip and fall lawyers.
What is Premises Liability?
Premises liability is just what you’d think it is. It is a type of personal injury case where the defendant is the person who owns the premises on which you got hurt. For example, if you’re at a BBQ and trip and fall on a piece of broken concrete, the person who owns the house would be liable. Similarly, if you’re shopping at the grocery store and slip and fall on a wet floor, the owner of the grocery store would be liable.
In order to recover damages in these cases, you have to prove negligence. This is the cornerstone of any personal injury lawsuit. When it comes to premises liability, however, your Georgia personal injury attorney must prove very specific elements, including:
- The defendant owned the property where you got hurt
- They had a duty to protect guests and visitors
- They failed to uphold this duty
- You were injured
- Your injuries were caused by the defendant’s breach of duty
This may sound simple. However, when it comes to premises liability cases, there are a few things your attorney will need to specifically prove.
What are the Specific Elements of Premises Liability in Atlanta, Georgia?
Proving a premises liability case is different from regular negligence cases. In order to prevail in this type of lawsuit, your Atlanta slip and fall lawyer needs to show the following things:
- The owner failed to maintain a safe property for all guests and visitors
- The property owner was aware of a safety hazard and failed to address it
- The owner was on notice that there was a safety hazard and failed to warn you about it
If your attorney is able to show at least one of these things were true, you’ll have a strong case for damages. However, you still need to prove the other elements of negligence. For example, you still need to prove that you were hurt. It’s not enough that you suffer a slip and fall or were hit in the head. Your Georgia personal injury attorney will have to demonstrate that you suffered a physical injury. This is best done using medical records.
Some Injuries are More Common than Others
When we meet with premises liability clients, they often present with similar types of injuries. This isn’t surprising since most of these cases involve a slip and fall of some sort. Some of the more common types of injuries our clients experience includes the following:
- Traumatic brain injuries
- Back and neck injuries
- Broken wrists
- Sprained ankles and shoulders
- Facial lacerations
- Knee injuries
As you can imagine, some or all of can leave a person debilitated for months. You won’t be able to work. You ‘ll probably need surgery and long-term physical therapy. There’s no reason why you should foot the bill for this medical care. The person responsible for your accident should be held accountable. Your Atlanta slip and fall lawyer will make sure this happens.
What Kinds of Damages Can Your Georgia Personal Injury Attorney Demand in Your Premises Liability Lawsuit?
The reason you hire a Georgia personal injury attorney is to get compensated for your injuries. This compensation is typically paid by the defendant’s insurance company, not the property owner themselves. Most premises liability cases allege the following types of damages:
- Medical bills and future medical bills
- Lost wages and lost future earnings
- Pain and suffering
- Punitive damages
Keep in mind, punitive damages are very rare in personal injury cases. They’re reserved for cases where the judge wants to punish the defendant and send a message. However, there’s a good chance you’ll be able to collect the other types of damages. The best thing to do is call one of our Atlanta slip and fall lawyers as soon as possible after your accident. This way, they can make sure your claim is handled properly from the start.
Meet with One of Our Seasoned Georgia Personal Injury Attorneys Today
If you or one of your family members are hurt while on someone’s property, you need to call and let us know. One of our experienced Atlanta slip and fall lawyers can help. You only have a certain amount of time to file your claim against their insurance company. There’s even a deadline for when you have to file suit. You don’t want to miss either of these deadlines.
Call our office and set up an appointment to meet with one of our Georgia personal injury attorneys. They’ll review your case and medical records to see if you have a viable case. If so, they’ll explain how the process works. First, they’ll remind you that you aren’t really suing your friend or property owner. While you will have to name them in your lawsuit, the plan is to have their insurance company pay your claim.
The initial consultation is free, so you don’t have to worry about paying anything upfront. Having a licensed attorney by your side makes a world of difference. You won’t have to worry about the insurance company taking advantage of you. Plus, you’ll have someone by your side who knows personal injury law inside and out. Call today and schedule a date and time that works for you. If need be, we can even conduct your consultation by Skype or Zoom.