Anytime you are on someone else’s property with permission, the owner or the person who controls the property owes you a duty of care. Your safety matters, and if the party in control of the property has failed to uphold their duty of care, they may owe you significant financial compensation in a premises liability lawsuit.
Brady M. Larrison is our experienced premises liability attorney at The Larrison Law Firm Auto Accident and Personal Injury Attorney. We serve those who have been injured or killed on the premises of another’s property in Georgia. Contact us online or at 770-626-7895 to request an evaluation of your case.
Examples of Premises Liability Lawsuits
Premises liability cases encompass a wide variety of potential accidents. They can cover practically anything that can go wrong on someone else’s property, including:
- Slip and fall accidents
- Injuries from physical attacks
- Escalator and elevator accidents
- Defective banisters and stairwells
- Dog bite injuries
- Swimming pool accidents
Although premises liability cases are diverse, the one thing that they have in common is that they all use the same negligence standard to determine whether someone else should be held legally responsible for your injuries.
The Property Owner’s Duty of Reasonable Care
To be clear, the property owner does not need to guarantee your safety every time that you set foot on their property, and they do not need to actively prevent every single accident. However, they must use the level of care that a reasonable property owner would use under the circumstances.
The most common type of premises liability case is a slip and fall accident. In this type of case, you could prove that the property owner was negligent in either of the following circumstances:
- The property owner themselves created the dangerous condition that injured you. For example, they left equipment or debris in a walking path themselves, and it caused you to trip.
- Someone else created the dangerous condition, but the property owner did not inspect their property and fix it within a reasonable amount of time. For example, a frayed carpet may pose a tripping hazard, or you fell from a loose tile that the property owner would have seen if they had made regular inspections of the floor.
The property owner does not need to fix a problem the second that it occurs. Rather, they need to take the same steps that a reasonable property owner would have taken in the same or similar circumstances.
In practically every premises liability case, you are making an argument that the owner knew or should have known of the potential problem and did not take steps to protect you.
How to Prove a Premises Liability Lawsuit
In order to win a premises liability case, you would need to gather the necessary evidence that shows what the property owner did or did not do. Premises liability cases could be proven by the following evidence:
- Eyewitness testimony from people who either saw what happened or what the conditions were like in the area before your accident
- Pictures of the scene of the accident and the dangerous condition
- Maintenance and inspection logs that would show what steps the property owner may have taken to uphold their duty of care
- Testimony from an accident reconstruction expert
- Video or security camera footage
Some of these types of evidence are likely in the possession of the party responsible for the property. For this reason, it’s a good idea to hire a Georgia premises liability attorney quickly who can direct possible defendants to preserve possible evidence in anticipation of a lawsuit. In addition, physical evidence gets harder to track down the more time passes after an accident.
Why You Need an Attorney for a Premises Liability Case
There are a number of reasons why you need an experienced lawyer for a premises liability lawsuit.
- You will need to track down and figure out the appropriate defendant in the case. Property ownership and other issues relating to control are not always clear.
- You could only get evidence in the hands of the defendant by filing a court case, where you would make requests during the discovery process
- You are always dealing with an insurance company, and they will make your life as difficult as possible
- Depending on your injury, the insurance company may try to blame you for what happened and deny your claim
- Premises liability cases can be worth a significant amount of money, and you would need someone to properly estimate the value of your damages
Contact a Georgia Premises Liability Lawyer Today
At Larrison Law Firm Auto Accident and Personal Injury Attorneys, we will get to work right after you hire us, working to help prove your legal entitlement to financial compensation. It does not cost you anything to speak with a lawyer, and it may cost you everything if you do not.
Your first step is to schedule your free initial consultation to discuss your case. You can send us a message online or call us today at 770-626-7895. As always, we are not paid unless we can help you win your case.
Premises Liability Case FAQs
What happens if the insurance company denies my claim?
They do not get the final say over your eligibility for financial compensation. You can file a lawsuit against the defendant in court.
How long do I have to file a premises liability lawsuit?
In Georgia, you have two years from the time that you were injured (or should have known that you were injured) to file a personal injury lawsuit against the defendant.
Who do I sue in a premises liability lawsuit?
It depends on who owns the property. Many premises liability cases are against businesses that own or manage retail properties, but you could also potentially file a claim against a government entity or an individual.