After getting injured on someone else’s property, you might find yourself in a confusing situation. Where do you turn next? A premises liability accident could be caused by many factors. But, sometimes injuries in businesses or homes are a result of negligence. Maybe there was an unfenced pool, a dangerous animal, or an unmarked trip hazard for example.
While no property is perfect be it a place of business or home, the property or business owner has an obligation to maintain a reasonably safe environment for their visitors. When property owners fail to address safety issues and an injury results, they may be held accountable.
At H Groves Law, we will not charge you a dime to speak to one of our Buford premises liability lawyers about your situation because our initial consultation is free. Our attorneys are ready to listen and understand your concerns so we can offer the best advice under the law.
Contact our personal injury lawyers in Buford, Georgia at (770) 329-1868 today.
Do I Have a Premises Liability Claim?
Georgia premises liability laws require occupiers or property owners to exercise ordinary care and keep the premises reasonably safe for visitors.
If you were injured on someone else’s property, be it a government facility, public shopping area, office, parking lot, or even a rented apartment or private home, due to the occupier’s or property owner’s negligence, you may be able to bring a personal injury claim against them.
The best way to know if you have a valid premises liability claim is to contact H. Groves Law at (770) 329-1868 for a free case evaluation.
What Are Common Injuries in Premises Liability Cases in Buford?
Most premises liability injuries in Buford are brought about by dangerous hazards. The most common types of accidents we see include:
- Slipping and falling on wet surfaces
- Tripping on unmarked steps or uneven surfaces
- Faulty stairs or railings
- Dog bites
- Injuries to children playing in public playgrounds
- Falling objects like tree branches, roof shingles, merchandise on a high shelf
- Escalator and elevator accidents due to poor maintenance
- Structural failings like broken or missing handrails
- Failure to post warning signs about potential hazards
There are many other situations when someone could incur a premises liability injury and the property owner is liable. Property owners will often try to shift blame to the victims making premises liability cases quite complicated. They also involve complex procedures, especially if the accident happened on public property.
This is why you should consult a Buford premises liability attorney at H Groves Law to discuss whether or not you have a valid claim.
Who Is Responsible for an Injury in a Premises Liability Case?
In Georgia, property owners or occupiers have an obligation to take reasonable steps to ensure their premises are safe for legal visitors. If the occupier or property owner fails to uphold that duty and it results in an injury, they may be responsible for the damages.
A business owner, homeowner, or the person responsible for managing an apartment complex could be held liable.
The owner of the premises can be found negligent and thus responsible under the following conditions.
- There was a hazardous condition on the premises.
- The occupier or owner knew about the hazard or should have known about the hazard if they were taking proper care of the property.
- The owner did not remedy or fix the unsafe condition, nor did they put up a proper warning sign.
- You were injured as a result of the hazard.
How Do You Prove Fault in a Premises Liability Case?
If a dangerous condition is the reason you were injured on someone’s property, you will need to prove negligence on the property owner’s part to have a case.
To demonstrate that the property owner is liable for your injuries and therefore responsible for your damages in your premises liability claim, your attorney will need to prove the following points.
The Property Owner Owed You a Duty of Care
In most premises liability cases, the duty is a property owner’s responsibility to keep the premises reasonably safe for people who legally come onto the property.
To prove that the property owner had a duty of care, it is necessary to show that he/she is the legal owner or occupier of the property and that you were a lawful invitee or licensee on the property. An invitee visits for business purposes, while a licensee is invited or has permission to come on the property.
The Property Owner Breached Their Duty of Care
Failure to uphold a duty of care means the property owner failed to remedy or warn visitors of hazardous conditions on the premises, or maintain adequate security. The property owner is expected to keep up with regular maintenance and is therefore responsible for any issues that she/he should reasonably know about.
The Breach of Duty Caused the Accident
You must prove that your accident resulted from the action or inaction of the property owner. You are also expected to exercise ordinary care to prevent getting injured and you may not qualify for full compensation if you are found to be partially at fault.
You Experienced Damages
You cannot recover compensation if you were not injured. You also need to prove that your injuries resulted in compensable losses like lost wages, medical bills, and other expenses.
You will need to work with a seasoned Buford premises liability attorney to prove liability. The premises liability attorneys at H Groves Law can help you build a strong case and recover damages.
How Can a Buford Premises Liability Attorney Help Me?
If you were injured on someone’s property, you should hire a premises liability attorney who knows how to build a strong claim, who knows how to handle insurance companies, and who knows the law and can fight for your rights.
Here is how H. Groves Law can help with your case.
- We investigate the accident to gather all relevant evidence, including accident reports, witness statements, photos, video footage, etc.
- We calculate the total costs of medical bills and other expenses.
- We handle communications with the at-fault party’s insurance company and defense lawyer(s).
- We complete all the required legal paperwork related to the case.
- We negotiate with the insurance company for a favorable settlement agreement.
- We are prepared to represent you in court if a fair settlement can’t be reached.
What If My Child Is Injured?
When a child is injured on someone else’s property, many people assume that the child’s parents are at fault, but it isn’t always so. A property owner or occupier may be legally responsible for your child’s injuries under the attractive nuisance doctrine.
Children are naturally curious and cannot always recognize danger. For this reason, property owners must secure potential hazards in a way that children couldn’t possibly enter or hurt themselves.
For instance, property owners should lock up or put up high enough fences around unused areas like drained pools, bar the entry of children in construction sites by fencing them, and cover open wells or pits with something that a child cannot open or lift.
If your child has been injured on someone else’s property, speak to a Buford premises liability lawyer as soon as possible. Whether your child was a trespasser or guest at the time of the accident, the attorneys at H Groves Law can help you hold the property owner responsible.
What if I Was Injured at My Workplace?
If you were injured at your workplace, you are usually entitled to workers’ compensation. What you might not know is that you may be entitled to separate compensation in addition to workers’ compensation.
If you were hurt due to a hazard created by someone else besides your employer, you may be able to file a premises liability claim against this third party. This can include instances such as where your employer has rented the office space where you work and you suffer an injury due to a structural defect or error.
In scenarios where workers’ compensation and premises liability intertwine, untangling them can prove to be complicated. Therefore, you should immediately consult a premises liability attorney at H Groves Law if you have any questions.
Is There a Deadline for Filing a Premises Liability Claim?
The statute of limitations for personal injuries sustained in premises liability accidents is two years from the date of the incident. This deadline may be shorter or longer in certain circumstances, for instance, if the owner of the premises is a government entity or the injured party was a minor at the time of the accident.
You should get legal help as soon as possible after the incident.
Talk to a Buford Premises Liability Lawyer Today!
The premises liability lawyers at H Groves Law are dedicated to helping people who have sustained injuries due to the negligence of the property owners. If you have been hurt on someone’s property, please contact us to discuss your potential premises liability claim with one of our Buford premises liability lawyers.
We pride ourselves on giving quality representation and getting positive results for our clients. Contact our law firm near Buford at (770) 329-1868 to schedule a free initial consultation.