In the state of Georgia, you may be eligible for compensation if you have sustained an injury on another party’s property and the accident was due to their recklessness or negligence. Georgia premises liability law requires all property owners, public or private to make sure their environments are safe and they ascertain this by performing routine inspections to uncover and get rid of potentially dangerous elements. In addition, they are required to put warning signs to alert individuals of any hazards.
At H Groves Law, our experienced team of Alpharetta premises liability lawyers can help you seek compensation for your injuries, pain, suffering, emotional distress, and losses. We’re a law firm located in Alpharetta, GA with highly accomplished personal injury lawyers who will be able to evaluate your case and ensure it is handled accordingly. Call our offices today at (770) 329-9981 to get a free initial consultation and learn more about your legal options.
Do You Have a Premises Liability Claim?
A premises liability claim falls under personal injury as the victim is seeking damages attributed to another party’s careless, negligent or malicious behavior. However, things are not always straightforward.
As the victim, you must show that the other party’s actions were directly linked to your accident. This means providing sufficient evidence that can be used to ascertain those at fault are held accountable for your injuries and losses.
It is important to note that being injured while another person’s premises doesn’t necessarily mean the owner, landlord or manager was negligent. In order to have a valid claim, you need to show that the owner was aware of the hazard, or should have known but did not take the necessary actions to have it addressed.
There are numerous technicalities that may come up when pursuing a premises liability claim and so, it is wise to use the right lawyer for the process.
The Common Injuries in Premises Liability Cases in Alpharetta, GA
There’s a wide array of dangerous conditions that may arise on public or private property. You may sustain minor or major injuries, with some that can be life-altering. Our team has represented numerous individuals in their premises liability claims and over the years, we’ve come across common accidents such as:
Tripping on an Unmarked Step or Uneven Surface
People trip over uneven surfaces or unmarked steps all the time. Causes usually include missing tiles, unlabeled steps, damaged wooden floors, and torn carpets.
Slipping and Falling on a Wet Surface
Slippery floors are not uncommon, particularly in commercial premises such as supermarkets, malls, offices, and stores. Given Georgia Premises Liability Law requires property owners to inform people of potential hazards, cleaners are mandated to put signs that clearly tell people about the risk of slipping and falling due to wet or polished floors. Unfixed leaks can also be a cause of slip and fall accidents.
Faulty Stairs and Railings
Stairs and railings need to be secure and sturdy. Any issues that affect the structural integrity of these structures could result in accidents with bad implications. The risk of accidents related to faulty stairs and support railings, leading to victims with broken limbs, necks, backs, and other life-altering injuries is especially high.
Being Hit by a Falling Item
Places such as supermarkets, Home Depot, malls, and stores where items are stacked together can see some people get injured when hit by a falling object.
Children Injured While Playing in Unsafe Places
Play spaces in public parks, schools and daycare centers are expected to be safe places for children and devoid of any dangerous elements. If your kid sustained injuries when using the swings in a public park, or was injured due to a faulty ride at the amusement park, you have the right to sue the relevant government authorities or the owners.
Elevator and Escalator Accidents
Cases of malfunctioning escalators and elevators are not unheard of in the state of Georgia. These incidents are usually linked to improper installation and poor maintenance. People can sustain injuries if the elevator is moving too fast, protruding parts on an escalator, the presence of unsafe gaps between the steps, or even if the unit accelerates and stops suddenly. There have also been cases where people died after the escalator collapsed, resulting in an uncontrolled fall.
Poor maintenance, disrepair, defective construction, negligent overloading, and inadequate safety and building inspections are all contributors to cases where people became injury victims after a structure or building collapsed. It can be a deck or balcony, railing on the edges, or the whole building.
Who is Held Liable for a Premises Liability Case Accident?
In the state of Georgia, property owners and landlords are required to purchase insurance that protects them and their visitors from damages and losses that come from unexpected accidents. In addition, they are expected to practice reasonable precautions in order to ascertain safety for everyone that visits their premises.
In order to prove liability, the following elements must be established:
- Show the presence of unsafe conditions like an unmonitored or perilous spot
- Show that the owner was aware or should have known about the dangerous conditions in the property and failed to take reasonable measures.
- Show that the owner or landlord didn’t eliminate or fix the danger, or warn people about its existence.
- Show that the injuries sustained were a result of the unsafe condition(s)
What if My Child Sustained Injuries?
Kids are an adventurous bunch and tend to wander off and trespass into places where they may get injured. This is a fact that the law puts into consideration when determining liability in a case that involves a child. Georgia premises liability law requires all properties to make sure they are devoid of dangerous conditions and elements that can lure and injure kids.
Some of the dangers are referred to as attractive nuisances and the owner may be held liable if a young one is lured and sustains an injury from the same. Some of the elements that may see a property owner held liable for a child’s injury include:
- They were aware or should have been aware of a potential danger like an unfenced swimming pool.
- They failed to practice due care in securing or getting rid of the hazard.
- They should have known that the condition would lure kids
- They should have known that the condition would harm kids
The element of attractive nuisances primarily applies in cases where the injured kids were trespassing. Proving liability in such is usually easy if the injured young one was a guest. Regardless, having a seasoned attorney do a thorough investigation to ensure they have all the facts is important in building a strong premises liability claim.
What if I Sustained Injury at the Workplace?
Every individual has the right to safety regardless of their location, be it at home, at a friend’s house, in public space, on private property, or at the office. If you sustain an injury while at work, however, it may be advisable to seek worker’s compensation rather than taking the premises liability route. In Georgia, any business or company with three or more employees is required to have workers’ compensation insurance to cover medical care and lost wages in case of an accident.
Is There a Time Limit for Filing a Premises Liability Claim?
Yes! According to the law, you have a specific time window in which you need to file your premises liability claim. Failure to meet this deadline dictated by the statute of limitations will have you lose your chance to make a compensation claim. Simply put, you will not have legal grounds to recover damages and so, it is best to file the claim early.
In the state of Georgia, you have 2 years from the date of the accident to file a claim. However, there are certain cases where the statute of limitations may be extended. An example is when the victim is under 18 years of age. In such a case, the victim has until they turn 18 to file a claim.
Hire an Experienced Alpharetta Premises Liability Lawyer Today!
Georgia law requires all property owners, landlords, and managers to ensure their premises are safe and this is ascertained by performing regular inspections with the aim of locating and eliminating potentially harmful or hazardous elements. In addition, they must put up warning signs to alert everyone about any hazards.
According to premises liability law in Alpharetta, owners will be held liable for any accidents, injuries, and damages that happen on their property if they did not take reasonable steps to ascertain the safety of people on their premises. If you become a victim, you need to prove that the property owner’s actions were the direct cause of the accident. This entails presenting sufficient evidence to ascertain those liable are held accountable.
The experienced lawyers at H Groves Law will help you pursue the compensation you deserve for your injuries and losses. We have been in the industry for years and so, you can be sure we will protect your rights. Get in touch today by calling (770) 329-9981.