Property owners are required to keep their premises safe. This is so that guests don’t get hurt while on their property. This includes keeping stairs and floors safe and in a good state of repair. It also means that your floors are kept clean and dry during inclement weather. Property owners need to keep their property safe just like they would keep their home safe. If you fall or get hurt on someone else’s property, you need to meet with a Roswell premises liability lawyer to see if you have a case.
Premises liability cases are based on negligence. Property owners owe their guests a duty of care. This duty also extends to their entire property. They must keep their property safe. Therefore this includes sidewalks, basements, and stairs. Even if someone is a tenant, it is their duty to keep the property safe for visitors. If this duty is breached, people get hurt. Roswell injury lawyers will pursue property owners for these claims.
When properties are not safely maintained, people get hurt. It is only a matter of time. Therefore this duty to keep things safe extends to guests, visitors and customers. In some cases, it may also apply to trespassers. Premises liability cases can be brought against both homeowners and business owners. Roswell premises liability attorneys will file suit against both. Most of these claims are filed against the defendant’s insurance company. However, if the insurance company refuses to pay your claim, your Roswell premises liability lawyer will have to file a lawsuit.
Your Roswell Premises Liability Lawyer Understands Georgia Law
We see cases on television where people sue property owners for damages sustained in an accident. Sometimes, they get millions of dollars. For the most part, this doesn’t happen in real life. If you sustain an injury while on someone else’s property, you need the advice of an experienced Roswell premises liability lawyer. Under Georgia law, a premises liability case can be brought against any of the following:
- Retail business owner
- Property manager
- Government entity
In short, anyone who is responsible for keeping a property safe can be sued in a premises’ liability case. This list only names the most common type of premises liability defendant. It certainly isn’t exhaustive.
When a property owner allows their premises to fall into a state of disrepair, they will be held liable for injuries sustained on their property. A Roswell premises liability attorney can represent several different types of plaintiffs:
Anybody who is hurt on the premises of another can file suit. You don’t have to have a special relationship with the defendant. Your Roswell premises liability lawyer will evaluate your claim to see how strong your case is. In order to have a successful claim, you must show that the defendant was negligent in maintaining his property. You also have to show that this negligence is what caused your injuries.
Your Roswell Premises Liability Attorney Will File Suit for Unsafe Premises
A property can be considered unsafe for a number of reasons. The safety of a property is under the control of the property owner. This is also why the property owner is responsible for keeping the premises safe. Customers and guests can’t be expected to predict when a property can be dangerous. They should be able to expect that the defendant’s property is in a safe condition.
Roswell premises liability lawyers handle all types of cases. They will file a claim due to unsafe conditions as long as you are injured. Some of these include:
- Poor maintenance –Property owners have to fix things that break around the house. They also need to perform routine maintenance to make sure the property is clean and safe. If you are hurt because of any of these issues, you will want to call a Roswell premises liability attorney.
- Disrepair –Many property owners rely on outside companies to take care of minor and major repairs. However, it is still ultimately their responsibility. If their property is not repaired properly, they will be named in a lawsuit. It will be up to them to go after the management company or repair company.
- Building code violations –If you are hurt by a building code violation, your case shouldn’t be hard to prove. Your Roswell premises liability lawyer can submit records showing that the property owner was cited for building code violations.
- Poor lighting –You’d be surprised how many people get hurt due to poor lighting. It is one of the easiest things to fix. This is why a lot of property owners put it off. They discount how dangerous poor lighting can be. If you fall and get hurt on a property owners’ stairs or floors, you need to call a Roswell premises liability lawyer.
- Wet floors –This is especially true with commercial properties like department stores. When there is a lot of store traffic, the floors can get wet and slippery. It is important for a store manager to keep the floors clean and dry and to put up caution signs when necessary.
- Falling items or merchandise –In restaurants and stores, a lot of people get hurt from falling merchandise. If you stock heavy items on store shelves, they can fall and hit a customer in the head. This can lead to head, brain or neck injuries. Your Roswell premises liability attorney will file a claim to get you compensated for this type of injury.
- Unsafe elevators –A lot of larger buildings have elevators. It is the property owner’s duty to make sure their elevators are maintained properly. People get stuck in elevators or fall when getting on and off. If this is due to the owner’s negligence, the property owner will be held responsible.
- Fire dangers –There is no excuse for not following fire safety protocol. If your building doesn’t have working smoke detectors, people can die. It takes a few minutes and just a few dollars to make sure these are working. The fire marshal also inspects buildings to make sure they are up to code. If you or a loved one are hurt or killed in a fire, your Roswell premises liability lawyer will make sure you are compensated.
Let an Experienced Roswell Premises Liability Lawyer Get You the Compensation You Deserve
If you’ve been injured in a premises’ liability accident, you should call an experienced Roswell premises liability lawyer immediately. Even if your injuries aren’t that serious, you are still entitled to compensation. Even minor accidents can keep you out of work and incur medical bills. It’s your Roswell premises liability attorney’s job to fight for the compensation for these damages.
There are several types of premises liability accidents. Each one can cause different types of injuries. Some of the most common types of premises liability accidents include:
- Contaminated pool poisoning
- Slip and fall
- Deck collapse
- Getting trapped in an elevator
- Criminal assault due to ineffective security
- Dog bites
Some of these accidents can lead to devastating injuries, even death. Your Roswell premises liability attorney will put together the evidence to demonstrate that you were injured. In order to do this, you need to seek medical treatment immediately following your accident. This ensures that you are healthy but it also provides a record to help prove your injuries.
Your attorney can get you damages based on the severity of your injuries. If you only sustain minor injuries, you can’t expect your Roswell premises liability attorney to get you millions of dollars. You will only be compensated for the damages you actually experienced. If you suffer more serious injuries, your damages may be extensive.
Under Georgia premises liability law, you are entitled to compensation for:
- Medical bills
- Lost wages
- Loss of future earnings
- Pain and suffering
Your Roswell premises liability lawyer will have to prove your damages. Hopefully, the defendant’s insurance company will pay your claim right away. If they won’t do so, however, your attorney will have to take legal action.
What Defenses Can the Property Owner Raise?
Just because you file a premises liability claim, doesn’t mean you’re going to receive a ton of money. The insurance company may not pay your claim. The defendant may refuse to pay you anything. The property owner has several defenses he can raise. Your Roswell premises liability lawyer will have to overcome these defenses. However, under Georgia law, if a defendant raises a successful defense, your claim could be reduced or dismissed.
There are four types of defenses a property owner has in a premises’ liability case. They are:
- Assumption of the risk – This is a common defense in premises liability cases. Defendants may argue that you should have known the premises were unsafe. This argument is also based on the nature of the property. For example, most people would assume that a construction site is dangerous. However, this doesn’t mean the property owner is allowed to maintain unsafe premises. You should be expected to take reasonable precautions. You can’t be expected to watch out for every stone and tile.
- Comparative Negligence – Georgia is a comparative negligence state. If you are found to be partly at fault, the amount of your settlement will be reduced. If you are found to be more than 50% at fault, you won’t receive anything at all. Your claim will be dismissed.
- Pre-Existing Injuries – By the time we reach a certain age, we are bound to have suffered a few injuries. The defendant’s attorney is going to claim that your injuries were there before your accident. Your Roswell premises liability attorney will have to prove that your injuries were indeed caused by the accident.
- No injuries – If you weren’t injured (or if the insurance company doesn’t believe you’re injured) he will raise this as a defense. A lot of insurance companies claim that you weren’t injured just to deny your claim. All this usually means is that your attorney is invited to start negotiations. Your Roswell premises liability attorney will negotiate with the insurance company to make this happen.
Contact a Roswell Premises Liability Attorney
If you or a loved one have been injured on someone else’s premises, you should contact a Roswell premises liability lawyer. First you need to file an insurance claim. Give the insurance company a chance to pay your claim first. If they deny your claim, your Roswell premises liability lawyer to deal will help you file an appeal. If this is still unsuccessful, your attorney will have to file a lawsuit.
When you contact your premises liability attorney, make sure to schedule your free consultation. This gives you a chance to discuss your case with an experienced professional. He will review your case and give you an idea of what it’s worth. When you go to your first meeting with your lawyer, bring the following with you:
- A copy of our accident or injury report
- Pictures of the premises
- The property owner’s insurance information
- Any correspondence you have received from the property owner, his attorney or his insurance company
- Contact information for any eyewitnesses
- Your medical records related to the accident
- Pay stubs showing time missed from work
The initial consultation is absolutely free. You and your personal injury attorney will get a chance to discuss your case and see what issues you may run into down the road. Tell your lawyer what you expect to get out of the case. His goal will be to settle your claim quickly so that you get your money without the needs for high costs. If this isn’t possible, he will discuss the possibilities of filing legal action. You have nothing to lose since you pay nothing until you settle your case.