Premises Liability Attorney Atlanta

Name: Premises Liability
Brand: Pendergrass Law

When you step onto someone else’s property in Atlanta, you should feel safe and secure. Unfortunately, accidents and injuries can occur when property owners fail to maintain a hazard-free environment.

Your Trusted Ally in Premises Liability Cases: Pendergrass Law Firm in Atlanta

At The Pendergrass Law Firm, we understand the physical, emotional, and financial impact premises liability injuries can have on your life. Here, you’ll find an Atlanta personal injury attorney who will help you navigate the legal process, holding negligent property owners accountable and fighting for the maximum compensation you deserve. Let us be your trusted ally and your voice in your journey to recovery.

Types of premises liability cases

These personal injury cases cover a broad spectrum of accidents resulting from unsafe conditions on someone else’s property. Property owners have a legal responsibility to ensure that their premises are reasonably safe for visitors. Here are the most common types of premises liability claims.

Slip and fall accidents

One of the most common types of premises liability claims, slip and fall accidents can occur due to wet floors, uneven surfaces, or poorly maintained walkways. Georgia law requires property owners to address such hazards promptly and warn visitors of potential dangers.

Negligent security

Property owners must provide adequate security measures, such as proper lighting, functioning locks, and security personnel when necessary, to protect visitors from foreseeable criminal activities. Failure to do so may result in a premises liability claim.

Swimming pool accidents

Under Georgia’s attractive nuisance doctrine, property owners are responsible for securing swimming pools to prevent unauthorized access, particularly by children. Accidents may occur due to inadequate fencing, faulty pool equipment, or lack of supervision.

Dog bites and animal attacks

Georgia’s dog bite laws hold pet owners liable for injuries caused by their animals if the owner knew or should have known about the animal’s dangerous propensities. Victims of dog bites or animal attacks can file a premises liability claim for their injuries.

Elevator and escalator accidents

Property owners are responsible for ensuring the safe operation and regular maintenance of elevators and escalators on their premises. Accidents resulting from mechanical malfunctions or negligent maintenance can lead to premises liability claims.

Toxic chemical exposure

Exposure to hazardous chemicals on a property, such as asbestos, mold, or lead paint, can result in serious health issues. Property owners must disclose the presence of hazardous materials and take necessary steps to remediate these risks.

Common types of liable parties

If you’re injured on someone else’s property, determining the responsible parties with the aid of a premises liability attorney in Atlanta is crucial for pursuing a claim for compensation.

Property Owners: The person or entity who owns the property where your injury occurred may be held liable if they failed to maintain a safe environment or address known hazards.
Property Managers: If a property owner hired a manager or management company to oversee and maintain their property, these parties might be held responsible for injuries resulting from negligence in maintaining a safe environment.
Tenants or Leaseholders: In some cases, individuals or businesses that lease or rent a property may be responsible for injuries if they create or fail to address hazards on the premises.
Contractors and Subcontractors: If your serious injury was caused by poor construction, inadequate maintenance, or faulty repairs carried out by a contractor or subcontractor, they could be held liable for your injuries.
Government Entities: You may have a premises liability lawsuit claim against a city, county, or state government entity if your injury occurred on public property or resulted from negligence, such as poorly maintained sidewalks or insufficient lighting.
Homeowners’ Associations: If your injury occurred in a residential community governed by a homeowners’ association, the association might be held responsible if they failed to uphold their duty to maintain common areas.

Establishing negligence in Atlanta premises liability cases

Determining exactly who is responsible for an accident on the property in question involves proving the property owner or occupier failed to exercise reasonable care in maintaining a safe environment for visitors. To successfully pursue premises liability lawsuits, you and your premises liability lawyer in Atlanta must establish the following elements in accordance with Georgia law.

Duty of care

First, it’s essential to show that the property owner owed you a duty of care. In Georgia, different types of visitors are owed different levels of care by property owners:

Licensees: Social guests or other non-business visitors are considered licensees. Property owners must warn licensees of any known hazards that may not be apparent to them.

Invitees: Individuals Invited onto the property for business purposes, such as customers in a store, are owed the highest level of care. Property owners must regularly inspect their premises and address any hazards or warn invitees of potential dangers.

Trespassers: Property owners generally don’t owe a duty of care to trespassers, except in cases involving child trespassers and “attractive nuisances” like swimming pools.

Causation

It’s crucial to establish a direct link between the property owner’s breach of duty and your injuries. You must prove that their negligence directly caused your accident and resulting circumstances.

Actual harm

Lastly, you need to demonstrate that you suffered actual harm or losses, such as medical bills, lost wages, or pain and suffering, as a result of the property owner’s negligence.

Breach of duty

Next, you must demonstrate that the property owner breached their duty of care by failing to maintain reasonably safe conditions, adequately warn of hazards, or provide necessary security measures.

Statute of limitations for premises liability cases in Georgia

According to Georgia Code (O.C.G.A.) § 9-3-33, you have two years from the date of the accident to file a lawsuit against the property owner or any other responsible party for injuries sustained on their property. Notably, there are some exceptions to this general rule. If the injured party is a minor (under 18 years old) or mentally incapacitated, the statute of limitations may be paused until they reach the age of 18 or are no longer incapacitated. Special rules and procedures apply if the property owner or responsible party is a government entity. You must provide the government entity with written notice of your claim within a specified timeframe (usually six to 12 months) before filing a lawsuit. In cases where the injured party did not discover their injury immediately, the so-called “discovery rule” may apply. The statute of limitations will begin from the date the injury was discovered or reasonably should have been discovered.

Types of compensation in Atlanta premises liability cases

In Georgia, you could be eligible for several types of compensation to aid your recovery and ease your burden. While the exact amount and forms of compensation will vary based on your unique situation, some common categories of damages include:

Medical Expenses: With the help of our determined Atlanta personal injury lawyers, you may be compensated for medical costs related to your injury, such as hospital stays, doctor visits, surgeries, physical therapy, medications, and other necessary treatments.
Lost Wages: If you’re unable to work due to your injuries, you can seek compensation for the wages you’ve lost during your recovery period. You may also be eligible for compensation for loss of future earning capacity if your injuries have a long-term impact on your ability to work.
Pain and Suffering: Georgia law allows victims to seek compensation for the physical pain and emotional suffering they’ve experienced due to their injuries. These damages can be more challenging to quantify. An experienced premises liability lawyer in Atlanta can help you determine a fair value for your pain and suffering.
Loss of Enjoyment of Life: If your injuries have impacted your ability to participate in and enjoy your usual activities, hobbies, or social interactions, you may be entitled to compensation for this loss.
Punitive Damages: In cases where the property owner’s actions were particularly egregious, reckless, or malicious, Georgia courts may award punitive damages.

Partnering with an experienced premises liability lawyer can help you determine whether pursuing punitive damages is viable in your situation.

Consult our highly rated Atlanta premises liability attorneys today

If you’ve been injured on someone else’s property, you don’t have to face this challenging time alone. A premises liability attorney in Atlanta at Pendergrass Law can offer a helping hand and make sure you receive the compensation you deserve.

Our tenacious injury lawyers are dedicated to providing the following:

In-depth knowledge of Georgia’s premises liability laws
Personalized legal strategies to match your unique situation
A thorough investigation to establish negligence and liability, including employing private investigators and industry experts when necessary
Skilled negotiation with insurance companies to maximize your compensation
Passionate advocacy in court to protect your rights

The experienced premises liability attorney you work with will go above and beyond to gather the strongest possible evidence for your case. We’ll identify all at-fault parties and hold them accountable, leaving no stone unturned to maximize your damages. Don’t let your premises liability case hold you back from living your life. Seek legal advice from our Atlanta premises liability lawyers today, beginning with a no-strings-attached, free consultation. Our friendly, empathetic Georgia law firm is eager to hear your story and help you secure the justice you deserve. Connect with us by phone at (404) 882-5872 or complete our online contact form to get started!