Calvin Smith Law - The Injury Lawyers

Premises Liability: Who Can Be Held Responsible?

premises liability

One of the most common types of personal injury cases involve accidents on another person’s property. It could be a slip and fall at the grocery store or an injury sustained while at a neighbor’s BBQ. Our personal injury attorneys in Atlanta have seen it all. When you get hurt on someone else’s property, it is considered a premises liability case.

This sort of case is exactly what it sounds like. It is case in which somebody who owns the premises on which you were hurt is held liable for any injuries sustained. These cases are often confused with slip and fall cases. That’s because many premises liability lawsuits involve somebody who fell on another person’s property. Many times, these falls area caused by the property owner’s failure to provide their guests and visitors with a safe environment.

Here, we’ll discuss the most common types of premises liability cases in Georgia. We will also explain how you determine who is at fault in these cases. Finally, this brief article will talk about what kind of damages you can pursue in an Atlanta premises liability lawsuit. If you still have questions about your own personal injury, feel free to give us a call. You can schedule a time to meet with one of our Atlanta personal injury lawyers.

The Property Owner May Be Legally Responsible for Your Injuries

If you fall or get hurt on someone else’s property, you may have a claim for damages. Your Atlanta premises liability lawyer will help you file a claim with the property owner’s insurance carrier. Hopefully, your claim will be paid in full without issue. However, if your claim is denied, or the insurance adjuster is dragging their feet, you should contact one of our seasoned Atlanta premises liability lawyers.

We understand the law when it comes to premises liability. The property owner is most likely going to be fully liable for your injuries. Even if the defendant can show that you were partially at fault, you’ll still be eligible for some damages. Under Georgia’s comparative negligence rule, you can collect damages as long as you are less than 50% at fault.

The way it works is that your damages would be reduced by your percentage of fault. So, if you were 20% at fault, your initial demand of $100,000 would be reduced to $80,000.

You May Have to File Suit Against the Person’s Landlord

Not everybody owns their own home. Whether you live in the city or the suburbs, there’s a good chance your friend or neighbor rents their property. This means that they won’t carry their own homeowner’s policy. Instead, you would have to file a claim against their landlord’s policy.

Landlords are vicariously liable for any injuries sustained on their property. Even if they can show that their tenant created the dangerous condition, you will still have a valid claim. They can always pursue their own claim for reimbursement from their tenant. That isn’t your problem to solve.

Our Atlanta premises liability lawyers will track down the owner of the property. They will then serve both the landlord and their tenant with a copy of the initial complaint. They will both have a chance to respond. If they ignore the complaint, your personal injury attorney in Atlanta will file a motion for default judgment. If they do respond, your lawyer will work toward negotiating a settlement of your claim.

Your Personal Injury Attorney in Atlanta Will Demand Certain Damages

If you’re involved in a premises liability accident, you will probably be entitled to certain damages. As with any other personal injury lawsuit, your attorney can demand any or all of the following:

  • Medical bills and Future medical bills
  • Property damage
  • Lost wages
  • Lost future income
  • Pain and suffering

Depending on how serious your injuries were, you may be entitled to pain and suffering. Typically, we estimate your damages for pain and suffering to be worth approximately three times your medical bills. If you aren’t sure how much your case is worth, you can always ask your Atlanta premises liability lawyer.

Don’t Be Afraid to Pursue Legal Action Against a Friend or Neighbor

If you or your loved one have gotten hurt while on someone else’s property, you may have a potential legal claim. It all depends on the facts of your case. Many people are afraid to talk to a personal injury attorney in Atlanta because they don’t want to get their friend or neighbor in trouble. It can be even harder when you got hurt at a family member’s house. However, most of the premise’s liability cases we handle involve the property owner’s insurance company. While they may be named in the suit, your friend or loved one will not personally suffer as a result of the lawsuit.

The only situations in which your friend, relative, or neighbor would be personally liable for your damages is if they didn’t have insurance. There are also times when the insurance company denies your claim for some reason. If the policy wasn’t valid or had lapsed for non-payment, then the property owner would be fully liable. However, don’t worry about this until your attorney has a chance to review the policy and the defendant’s assets.

Schedule Your Free Consultation with One of Our Personal Injury Attorneys in Atlanta Today

If you or one of your children were hurt at another person’s home or business, you have options. Ideally, their homeowner’s company will take care of you. But this can only happen if you file a claim. If you aren’t sure how to do this, or if your claim was denied, call our office. You should waste no time scheduling your free, initial consultation with one of our skilled personal injury attorneys in Atlanta. The longer you wait, the longer it’ll take to get the compensation you deserve.

As mentioned earlier, don’t feel like a traitor for doing this. You have to protect yourself and your family. If you don’t, you’ll end up paying the medical bills out of pocket. Once your health insurance carrier realizes that your injuries were related to an accident of this sort, they’ll expect to be reimbursed. In fact, they can even launch a lawsuit if you choose not to. To start, give our office a call and pick a date and time that you can come into the office. Sit down with an experienced Atlanta premises liability lawyer. They can answer any questions you may have reassure you that you’re doing the best thing for your family. Since your consultation is free, you don’t have anything to lose.

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