Under Georgia Premises Liability law, you could qualify for compensation you were if injured on someone’s property and the accident is attributed to their negligence or recklessness. Property owners are required by law to ensure their environments are safe, and they meet this requirement by conducting routine inspections to find and eliminate potentially hazardous or harmful elements. They also must erect warning signs to alert people of any hazards.
At Diaz & Gaeta, our seasoned Marietta premises liability lawyers can help you pursue compensation for your injuries, losses, pain, and suffering. We are a law firm with highly accomplished professionals in Georgia who can evaluate every case to ensure it is handled uniquely. Call our Marietta personal injury lawyers today at 678-329-9084 for a free initial case review and learn more about our services.
Do I Have a Premises Liability Claim?
A premises liability compensation claim is categorized as a personal injury lawsuit because the victim is suing for personal damages attributed to another’s negligent, careless, or malicious acts. However, things are rarely black and white.
The claimant must prove that the accused’s actions were directly linked to the accident. Hence, you must provide enough evidence that can be used to ensure those responsible are held accountable for your injuries, pain, and losses.
We would like to point out that sustaining injuries while on another’s premises does not necessarily mean that the owner was negligent. To have a valid claim, you must show that the property owner knew of the danger or should have known but did nothing to ensure it was addressed.
May technicalities might arise when pursuing a premises liability lawsuit, so it’s best to hire a seasoned attorney to help you fight for your rights and interests.
What Are Common Injuries in Premises Liability Cases in Marietta, GA?
A variety of hazardous conditions can be present on private or public property. Victims can sustain major or minor injuries, with some that are significantly life-changing. We have represented many people in their premises liability cases, and over the years we have come across the following common accidents:
Slipping & Falling on a Wet Surface
Wet floors are not uncommon, especially in commercial spaces like malls, supermarkets, stores, and office buildings. Since the law requires property owners to alert people of potential dangers, cleaners are expected to place signs that inform everyone of the risk of slipping and falling because the floors are wet or polished. Unrepaired leaks can also be linked to slip and fall accidents.
Tripping on an Uneven Surface or Unmarked Step
It is not uncommon for people to trip over uneven surfaces or unmarked steps. Ripped carpets, missing tiles, damaged wooden floors, and unlabeled steps can see property owners facing lawsuits for accidents that occur on their premises.
Faulty Stairs or Railings
Stairs and the support railings must be firm and secure. Any issues that impact the structural integrity of these installations could lead to accidents with disastrous outcomes. The risk of accidents associated with faulty stairs and railings where the victims sustain broken backs, limbs, necks, or injuries resulting in paralysis or death is high.
Children Injured While Playing in an Unsafe Area
The play areas in schools, daycare centers, and public parks must be safe environments for kids. They must be devoid of any harmful elements. For instance, you could sue the relevant government authorities if your child was injured when playing on the swings in a public park, or the owners of an amusement park for accidents that happened because of a defective ride.
Being Hit by a Falling Object
Places like the Home Depot, supermarkets, and other retail stores where products are stacked together can see some customers sustain injuries after being hit by a falling object.
Escalator and Elevator Accidents
Cases of elevators and escalators malfunctioning are not unheard of, and they are mostly linked to poor maintenance or incorrect installation. People can be injured by protruding parts on the escalator or if the escalator is moving too fast, it has unsafe gaps between the steps, or it accelerates or stops suddenly. We also have come across accidents where victims died after the elevator collapsed, leading to an uncontrolled plummet.
Structural Failings That Lead to an Injury
Defective construction, inadequate safety & building code inspections, disrepair, poor maintenance, and negligent overloading are associated with cases where people were injured after a building or structure collapsed. It can be a balcony or deck, the railing on the edges, or an entire building.
Who Is Responsible for an Injury in a Premises Liability Case?
Under Georgia property liability laws, landlords and property owners must have insurance coverage that protects them and their visitors from losses associated with unexpected injuries. Moreover, they must exercise reasonable precautions to uphold safety for everyone that frequents their property.
Our Marietta premises liability lawyers must establish four essential facts to hold the defendant accountable for your injuries.
- Show there were unsafe conditions like a perilous and unmonitored area.
- Prove the owner was aware or reasonably should have known of the hazardous conditions and did not take the appropriate safety measures.
- The property owner did not remove or fix the danger, nor warn people of the existence of the same.
- Show that your injuries were due to the unsafe condition.
What If My Child Is Injured?
Children are naturally adventurous and are prone to wandering off and trespassing into places where they can be injured. It is a fact that Georgia premises liability law considers when determining the way forward if the lawsuit involves children. As such, all properties (public or private) must ensure they are devoid of harmful elements and conditions that can lure and injure trespassing children.
Some of these dangers are categorized as attractive nuisances that a property owner could be held responsible for if a child is drawn in and injured by the same. Some of the factors that can see liability leveled against the premises owner include:
- The property owner knew about or reasonably should have known about a potentially dangerous condition such as an unfenced pool.
- The property owner failed to exercise due care in securing or removing the hazard.
- The property owner should have known the condition would attract children.
- The property owner should have known the condition could harm children.
The concept of attractive nuisance mostly applies in cases where the injured children were trespassing. Proving fault is relatively straightforward if the injured child was a guest. Nevertheless, having an experienced lawyer conduct thorough investigations to ensure we have all the facts is essential in building a solid compensation claim case.
What if I Was Injured at My Workplace?
Every person has a right to safety irrespective of where they are, whether in the office, at home, at a friend’s place, or in a public space. If you are involved in an accident while working, it is best to file a workers’ compensation claim instead of pursuing a premises liability case. Your employer’s insurance provider should compensate you for your lost wages and pay for medical care from a company-approved doctor.
Is There a Deadline for Filing a Premises Liability Claim?
Under Georgia law, you have a specific period within which to file your compensation claim. You lose the opportunity to claim compensation if you fail to meet the deadline set by the statute of limitations. In short, your chances of recovering damages for premises liability injuries are better when you file the claim case early.
You have two years from the time the accident occurred or when you knew you sustained injuries to file your case. However, the statute of limitations is subject may be extended in certain circumstances.
Suppose the victim is under 18 years of age, then the deadline for filing the claim can be pushed forward. The victim then has two years after turning 18 to file a claim.
Reach Out to an Accomplished Marietta Premises Liability Lawyer Today!
Property owners are required by law to ensure their environments are safe, and they meet this requirement by conducting routine inspections to find and eliminate potentially hazardous or harmful elements. They also must erect warning signs to alert people of any hazards.
Under Georgia’s premises liability law, property owners will be responsible for any accidents and injuries that occur on their premises if they failed to take reasonable steps to ensure the safety of visitors. As the claimant, you must prove that the accused’s actions were directly linked to the accident. Hence, you must provide enough evidence to ensure those responsible are held accountable.
A seasoned Marietta premises liability lawyer at Diaz & Gaeta can help you pursue the full compensation you’re entitled to for your injuries, pain, and losses. We are a law firm with highly accomplished professionals in Georgia who can evaluate every case to ensure it is handled correctly. Call us today at 678-329-9084 or contact us online for a free initial case review and learn more about our services.