When a person or a company owns property, they have to maintain these premises in a safe condition. On any given day, an accident can happen on someone’s property. This is true no matter how careful they try to be. This is why people maintain insurance. Accidents happen. If hurt or fall on someone’s property, you may have a premises liability claim. You need to meet with a Smyrna premises liability lawyer to see if you have a case.
Premises liability cases are a type of negligence case. When you own property, you have certain standards of care that you must meet. If you breach this duty, and someone is hurt, you will be held liable. Smyrna premises liability lawyers will pursue property owners for these claims.
If a property is unsafe, people will get hurt or killed. Premises liability cases can be brought against homeowners and business owners. Smyrna premises liability attorneys will bring a case against either. These cases are usually settled with the insurance company. However, if they refuse to pay the claim, your Smyrna premises liability lawyer will have to file a lawsuit.
Your Smyrna Premises Liability Lawyer Understands Georgia Law
A lot of people think they know how premises liability law works. You may talk to friends of family who have been involved in this type of case before. As helpful as they may try to be, you really want to rely on the advice of an experienced Smyrna 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
Basically, anyone who is responsible for maintaining a safe property can be named in a premises’ liability suit. This list represents the more common types of premises liability defendants. It certainly isn’t exhaustive.
If a property owner allows their premises to fall into a state of disrepair or doesn’t keep their premises safe, they can be liable for injuries on their property.
A Smyrna premises liability attorney can represent several different types of plaintiffs:
Anybody who is hurt on the premises of another can file a premises liability claim. Your Smyrna premises liability lawyer will evaluate your claim to see if you have a strong case. In order to have a successful claim, you need to prove that the defendant was negligent in maintaining his property. You also need to prove that this negligence caused your injuries.
Your Smyrna Premises Liability Attorney Will File Suit for Unsafe Premises
A property can be deemed unsafe for any number of reasons. Almost all of these reasons are under the control of the property owner. For this reason, the property owner is responsible for keeping the premises safe. Customers and guests aren’t expected to be super careful when walking on someone’s property. They should be able to expect that the property is in a safe condition.
Smyrna premises liability lawyers handle all types of cases. They have filed claims for many different unsafe conditions.
Some of these include:
Property owners need to make sure they perform routine maintenance. This will address issues such as peeling paint, broken railings, and torn carpet. If you are hurt because of any of these issues, you will want to call a Smyrna premises liability attorney.
There are always small things that need to be repaired on a property. This is true for both homes and commercial buildings. Whether the owner does the repairs himself or hires someone to do the repairs for him, they have to be done. Many people are hurt every year by repairs that should have been taken care of.
If hurt by a building code violation, your case shouldn’t be hard to prove. Your Smyrna premises liability lawyer can submit records showing that they cited the property owner for building code violations.
This is one of the easiest things to fix in a building. There is no justification for a property owner to allow poor lighting to exist in their building.
A large percentage of premises liability accidents happen because of broken steps and floors. If you fall and get hurt on a property owners’ stairs or floors, you need to call a Smyrna premises liability lawyer.
If there is inclement weather or if a company is cleaning the floors, they need to warn their guests. All it takes is a wet floor sign to let customers know that they floors are wet and slippery.
- 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 Smyrna premises liability attorney will file a claim to get you compensated for this type of injury.
Some of the most serious types of injuries come from elevator and escalator accidents. Millions of people use these things every day and every day somebody gets hurt. A company is responsible for ensuring that their elevators and escalators are working properly.
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 inspects buildings to make sure they are up to code. If you or a loved one are hurt or killed in a fire, your Smyrna premises liability lawyer will make sure you are compensated.
Let an Experienced Smyrna Premises Liability Lawyer Get You the Compensation You Deserve
If you’ve been injured in a premises’ liability accident, you are going to need an experienced Smyrna premises liability lawyer. Regardless of how serious your injuries are, you are going to want to be compensated for your damages. Even minor accidents can cause you to miss work and rack up medical bills. It’s your Smyrna premises liability attorney’s responsibility to make sure you receive compensation for these damages.
There are many different types of premises liability accidents. Each one causes different types of injuries.
Some of the more 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 can lead to very serious injuries, even death. Your Smyrna premises liability attorney is going to work hard to prove that you had injuries. In order to do so, it’s important that you seek medical treatment immediately following your accident. Not only will it ensure that you get treatment for your injuries, but it also preserves proof of your injuries in case of a lawsuit.
Your damages will depend on the severity of your injuries. If you suffer only minor injuries, don’t expect your Smyrna premises liability attorney to get you millions of dollars. You get compensation for the damages you actually went through. If you experience more serious injuries, your damages could be extensive.
Under Georgia premises liability law, you have entitlement to compensation for:
- Medical bills
- Lost wages
- Loss of future earnings
- Pain and suffering
Your Smyrna premises liability lawyer is going to present evidence to prove your damages. Hopefully, the defendant’s insurance company will settle your claim quickly. If they refuse to do so, however, your attorney will have to file a lawsuit.
What Defenses Can the Property Owner Raise?
If you file a premises liability claim against a property owner, you may not receive money. The insurance company may deny your claim or part of it. The property owner may refuse to pay you a dime. In fact, there are several defenses the property owner can raise to challenge your claim. Your Smyrna premises liability lawyer will do his best to defeat all of these defenses. However, under Georgia law, if a defendant raises a successful defense, your claim may reduce.
There are four types of defenses a property owner may raise in a premises liability case. They are:
This is a common defense in premises liability cases. Many attorneys and insurance companies will raise this defense. In this situation, the defendant is claiming that the plaintiff knew there was a risk on the premises and chose to assume that risk. A good example of this is an amusement park. When you go to an amusement park, you have to expect some of the rides to be dangerous. There are signs near most rides warning of the dangers. These signs also tell patrons to avoid the ride if they have certain pre-existing conditions. This defense can be successful if the defendant proves that you knowingly assumed a risk. Thankfully, judge don’t like this defense. Unless a plaintiff clearly assumed the risk, the Courts don’t want property owners to be able to pass the buck.
Georgia is a comparative negligence state. This means that if the defendant can prove that you were partly at fault for your accident, they shouldn’t be held liable. In Georgia, as long as you are less responsible than the defendant, your claim will not be dismissed. You do have to expect your settlement or judgement to reduce by your percentage of fault.
If the defendant can prove that you had injuries prior to the accident on their premises, they may be able to defeat your claim. It depends on what your medical records show regarding prior injuries. It also depends on whether or not the current accident worsened your injuries. Your Smyrna premises liability attorney will work hard to prove that your injuries were from the accident.
The insurance company is going to claim that your injuries aren’t as serious as you claim them to be. This is a common tactic in premises liability cases. This is usually an invitation to negotiate a settlement of your claim. The defendant isn’t saying you don’t have injuries at all, they are just saying your injuries are less serious. Your Smyrna premises liability attorney will negotiate with the insurance company to make this happen.
Contact a Smyrna Premises Liability Attorney
If you or a loved one have been injured on someone else’s property, you need to contact a Smyrna premises liability lawyer. You are going to have to file a claim against the property owner’s insurance company. If they refuse to pay your claim, you are going to need a Smyrna premises liability lawyer to deal with the insurance company. If they refuse to pay your claim, your attorney will actually have to file a lawsuit.
When you contact your premises liability attorney, schedule your free consultation. This will give you a chance to discuss your case with an experienced personal injury lawyer Smyrna. He can 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 free. It gives you a chance any questions or concerns you may have. It also gives you a chance to meet your lawyer and tell him what your goal is. His goal will be to try to settle your claim. 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.