If somebody owns a property, it is their responsibility to keep their premises safe. They need to do this so that people who venture onto their property don’t get hurt. You’d be surprised how many people let their premises fall into disrepair. They allow this to happen for various reasons. Some of them do it because it costs too much to fix it. Others are just lazy or assume that nobody will get hurt. The problem arises when somebody does get hurt and files a claim or lawsuit. The property owner is then responsible for compensating the victim for their injuries and property damage. If you are a victim of a premises’ liability accident, meet with a Mableton premises liability lawyer. They will tell you if you have a case.
Premises liability cases are just like other negligence cases. Property owners are held to a standard of care. If they breach this duty, people can get hurt. When this happens, they need to be held liable. Victims of premises liability accidents have a right to file claims for compensation. Many of these accidents result in insurance claims. Mableton, GA premises liability lawyers will pursue property owners for these claims.
If a property is dangerous, people can get hurt or even killed. Premises liability cases are brought against homeowners and people who own businesses. Mableton personal injury attorneys will file a case against both. Most of these cases get settled with the insurance company. However, if the insurance adjuster doesn’t approve the claim, your attorney will help you file a lawsuit.
Your Lawyer Understands Georgia Law
Many people think they understand what premises liability law is. You may hear friends or coworkers tell stories about their own premises’ liability cases. They may have been plaintiffs or defendants. As helpful as these people intend to be, you should trust the advice of an experienced attorney. Under Georgia law, premises liability cases can be filed against any of the following:
- People who own or manage retail businesses
- Management companies
- State offices or municipalities
Anybody who is responsible for keeping a property safe can be named as a defendant in a premises’ liability case. These are just some of the examples of defendants in such a case. There are others that can be named as well.
If somebody allows their premises to fall into disrepair, they will be held liable for any injuries that occur. A Mableton premises liability attorney represents several types of plaintiffs:
Anybody who suffers an injury can file a premises liability claim. Your attorney can evaluate your claim and let you know how strong your case is. To prove a successful claim, you need to demonstrate that the defendant was negligent in maintaining his property. As with other negligence cases, you must also show that their negligence caused your injuries.
Your Mableton Premises Liability Attorney Will File a Suit over Unsafe Premises
A structure may be ruled unsafe for many reasons. Property owners, for the most part, are in total control of their properties. This means that they can’t blame others for injuries that take place on their premises. There are cases where plaintiffs are held to be partly at fault. However, in general, you can’t expect guests to be careful at every turn. We should be able to presume that the premises we’re on are safe.
Lawyers handle all types of cases. Lawyers file suits for many types of unsafe conditions. Some of these are:
- Poor maintenance – Property owners have a duty to perform routine maintenance on their property. Most people keep their properties safe. It is only the rare few who are neglectful. If you are injured while on someone else’s property, you need to call a Mableton premises liability attorney.
- Disrepair – Buildings don’t last forever. Roofs cave in and stairs crack. Responsible property owners hire contractors to fix things like this. When it costs too much to do this, some property owners turn a blind eye. When this happens, people get hurt. You may be one of these people.
- Building code violations – Documented building code violations are per se evidence of neglect. If a property owner is issued a violation, they are required to make repairs. If they fail to do so, they will be held responsible for any injuries that ensue. Your lawyer will show these records to prove that the owner had knowledge of the safety issues.
- Poor lighting – Sadly, this is one of the easiest problems to fix. However, a lot of companies don’t take care of lighting issues. Poor lighting can lead to falls, slips and other types of injuries.
- Broken steps and floors – A lot of older buildings suffer from issues with the floors and steps. If you or your loved one fall because of faulty support, you should call a premises liability lawyer.
- Wet floors – There is no excuse for not keeping floors clean and dry in Mableton, GA. As soon as a manager sees that it’s raining or snowing, they should put down caution signs. They should also take the time to keep their floors safe and dry.
- Falling items or merchandise – In restaurants and stores, a lot of people get hurt from falling merchandise. A lot of stores keep extra stock on their top shelves. Sometimes, these products can fall off the shelves and hurt people. An experienced Mableton premises liability attorney will make sure you get compensated for this type of injury.
- Unsafe elevators – We ride elevators every day. We take them in the mall, in hotels, and at our offices. We don’t think twice about getting on an elevator. Sometimes, however, elevators break down. They get stuck between floors. People fall between the doors and hurt their arms and ankles.
- Fire dangers – Whether you’re staying in someone’s home or business, you should be able to know you’re safe from fire. Hotels and motels are required to keep working fire and smoke alarms in their property. If you are injured in a fire, your premises liability lawyer will help you get compensation.
Let an Experienced Lawyer Get You the Compensation You Deserve
People who are injured or killed in a premises’ liability accident deserve an experienced premises liability lawyer. No matter how severe your injuries, you can expect to be compensated. This may mean a few thousand dollars. It may mean a million dollars. Even minor accidents cause you to miss work and have unpaid medical bills. It’s your Mableton premises liability attorney’s responsibility to get you compensation for these damages.
There are several types of premises liability accidents. They all cause different types of injuries. The more common types of premises liability accidents are:
- Escalator accidents
- Slip and fall accidents
- Floor or deck collapses
- Getting trapped in an elevator
- Ineffective security issues
Premises liability cases lead to serious injuries and even death. Your Mableton premises liability attorney is will work hard to prove that you were hurt. This is why it’s important you receive medical treatment immediately following your accident. This ensures proper treatment and it also serves as proof of your injuries for the court. Without this information, your attorney will have a hard time proving your injuries. He may have to hire medical experts to testify on your behalf. This gets expensive and can make it harder to settle your case.
Plaintiff’s damages depend on the severity of their injuries. If you’ve only suffered minor injuries, you can’t expect your Mableton premises liability attorney to get millions of dollars. In fact, very few cases ever settle for this kind of money. You will only receive compensation for losses you actually suffered. If you sustained serious injuries, your damages may be extensive.
Under Georgia law, you are entitled to compensation for:
- Medical bills – past, present, and future
- Lost wages – covering the time you have missed from work due to your injuries
- Loss of future earnings – what would you have earned if you hadn’t become disabled
- Pain and suffering
Your lawyer will present evidence to prove your damages. If you’re lucky, the insurance adjuster will approve and pay your claim. However, if they refuse to do so, your attorney will have to file a lawsuit. In your suit, he will demand that you be compensated for all of these damages.
What Defenses Can the Property Owner Raise?
Just because you file a premises liability claim doesn’t mean you will get paid. The defendant’s insurance company might deny your claim. Property owners refuse to pay claims. Georgia law offers defenses that property owners can use to challenge your claim. Your attorney will do what it takes to overcome these defenses. Understand that in Georgia, a successful defense can cause your case to be dismissed.
There are four defenses to premises’ liability:
- Assumption of the risk – Attorneys hate hearing the words “he assumed the risk.” It’s hard to imagine how a person can be expected to encounter a dangerous situation. It makes sense if you choose to go diving with sharks. Yes, people who do this understand and appreciate the risk of getting bitten by a shark. However, you don’t expect to fall because a property owner refuses to fix their stairs. Courts are not fond of this defense. They know that there is an expectation of safety when you enter someone’s property. You are entitled to this expectation.
- Comparative negligence – Georgia follows the comparative negligence standard. This means if you are partly at fault for your accident, your compensation may be reduced. It will be decreased by the percentage of your fault. So, if you would have received $100,000 for your injuries, you will only receive $60,000 if you are 40% at fault.
- Pre-existing injuries – A defendant has a legitimate defense if you sustained similar injuries prior to the accident. If you broke your back as a child, the defendant’s lawyer is going to bring this up. Pre-existing injuries can reduce your settlement or award. However, your Mableton premises liability attorney will try to settle your claim so this isn’t an issue.
- No injuries – The defendant’s lawyer may argue that you weren’t hurt. If there are no visible injuries, this is a plausible argument. Whiplash, for example, is a very hard injury to prove. There are no tests that can confirm you have whiplash. Your Mableton premises liability attorney will have to rely on a doctor to testify to your injuries.
Contact a Mableton Premises Liability Attorney
If you have been hurt on someone else’s property, you should call a premises liability attorney. The first thing they will do is file a claim against the defendant’s insurance company. If this claim isn’t paid, your Mableton premises liability lawyer will appeal and try to negotiate a settlement. As a last resort, if the claim still isn’t paid, your attorney will file a lawsuit.
Call a premises liability attorney today to schedule your free consultation. You’ll have an opportunity to discuss your case and see what it may be worth. Bring the following information with you when you to see your lawyer for the first time:
- Copy of your accident or injury report
- Pictures of the premises
- The property owner’s insurance information
- Correspondence you received from the property owner, his attorney or his insurance company
- Contact information for any eyewitnesses
- Medical records related to the accident
- Pay stubs showing time missed from work
The initial consultation is absolutely free. You can talk to an attorney and find out if you have a viable case. Together, you can decide how best to proceed. If a settlement isn’t possible, your Mableton personal injury attorney will explain how a lawsuit works. This gives you the chance to ask any questions you may have.