Accidents can happen anywhere. When they occur on someone else’s property because they failed to maintain safe surroundings, you may have a claim. The injuries you could have sustained may prove to be expensive, making it vital that you take the necessary steps to ensure that you are properly compensated following an accident.
Hiring a Roswell premises liability lawyer enables you to determine the viability of your case. Our experienced, dedicated staff of professionals will evaluate the facts and guide you toward a successful resolution.
Responsibility for the Premises
Determining the landowner liable for your accident is the first step in proving fault. Sometimes, it is an individual or single entity; multiple parties shoulder the blame in other instances:
- Property owners
- Management companies
- Lessees or renters
Regardless of the identity or number of alleged defendants, insurance companies will often play a key role in the resolution. Experienced premises accident lawyers regularly interact with insurance representatives negotiating fair settlements. They can also advise when an offer falls short and will then represent you in court, advocating for a sensible judgment.
The Type of Guest Influences the Odds of Prevailing
The law identifies three groups of property visitors – invitees, licensees, and trespassers. Each category deserves a different duty of care, decreasing from invitees to trespassers.
As the name suggests, invitees enter the premises at the owner or occupier’s request and, as such, may deserve compensation for injuries sustained because of a breach of ordinary care. Examples of invitees include customers of a restaurant or grocery store.
A licensee’s presence occurs with the landholder’s permission but for the licensee’s benefit (e.g., an overnight guest). Owners and occupiers must maintain safe premises, but these visitors may recover for injuries resulting only from intentional or malicious behavior.
For trespassers – those with no right to be in the area – property holders owe no duty to maintain safe grounds, but they must refrain from causing willful or wanton injury.
Injured but Barred from Collecting
In addition to falling into the “right” category of visitor, recovery turns on adhering to specific procedural rules and providing evidence that the injured party is not the primary cause of the accident.
Asserting Allegations Within a Strict Timeframe
Legal schemes across the country establish a window within which you must file a complaint or risk having your case dismissed. These statutes of limitation are in place to ensure that parties seek to resolve their disputes in a timely manner and not drag things out indefinitely. Under Georgia Code § 9-3-33, an injured victim will forfeit their right to damages if they fail to raise wrongdoing claims within two years of the incident. The law also requires aggrieved parties to notify state and local government entities in a reduced timeframe, sometimes as short as six months.
The Victim’s Actions Affect Recovery Amounts
As an at-fault state, George requires everyone to take responsibility for their actions, and this approach plays out in how much money a person may receive for their injuries. Georgia Code § 51-12-33 codifies the theory of comparative negligence, which requires damages awards to mirror the apportionment of blame. In other words, if the victim contributed to 40 percent of their injuries, they only recover 60 percent of the total amount awarded. Furthermore, if the injured party caused the majority of the harm (greater than 50 percent), they will not receive any compensation.
Get in Touch with a Roswell Premises Liability Attorney Today
If unsafe conditions on another’s property caused you to suffer, you need to seek justice. The out of pocket expenses and emotional distress you experienced should not detrimentally affect the rest of your life. Our Roswell premises liability lawyers can help you develop a plan to regain a positive outlook for your future. Let us begin the process today. All it takes is one phone call.