Under Georgia Law, property owners have a duty to take reasonable steps to ensure their premises are safe for lawful visitors. This means they need to keep up with routine maintenance and fix any safety issues. They should also put up signs warning about potential hazards.
Unfortunately, accidents occur all the time due to unsafe conditions. If you’ve been hurt while on somebody else’s property, a Winder premises liability lawyer at H Groves can help you file a personal injury claim and ensure that you recover compensation for damages suffered.
Our highly skilled personal injury attorneys in Winder, GA will be by your side from the beginning, always fighting for your rights. Contact us today at (770) 329-1868 to book a no-cost consultation and case evaluation and find out exactly how we can help. Call NOW!
Do I Have a Premises Liability Claim?
Just because you were injured on someone else’s property, it does not automatically mean that you have a valid premises liability issue. A viable premises liability claim in Winder, GA typically involves a foreseeably hazardous condition that causes a preventable injury to take place.
If you have been injured on someone else’s property and you feel that the property owner or manager could have acted to remedy or at least warn of the danger to prevent the possibility of injury, but failed to do so, you likely have a case worth pursuing.
If you were injured due to a hazardous or dangerous condition on someone else’s property, the legal team at H Groves Law can help. Call us today at (770) 329-1868 to set up a free consultation where we can review the circumstances of your accident and explain if you have a case worth pursuing.
What Are Common Accidents in Premises Liability Cases in Winder, GA?
A range of dangerous conditions may be present on public or private property. Victims can suffer minor or major injuries. Hitting your head during a fall could cause a traumatic brain injury. There is a significant risk of suffering a spinal injury when falling from a high place.
Some of the most common types of accidents we see and have dealt with at H Groves Law include:
- Slipping & falling on a wet surface
- Tripping on an uneven surface or unmarked step
- Faulty stairs or railings
- Children injured while playing in an unsafe area
- Being hit by a falling object
- Escalator and elevator accidents
- Structural failings that lead to an injury
- Dog bites
What Should I Do If I’m Hurt on Someone’s Property?
If you’re hurt on someone’s property, it’s important to take the right steps to protect your right to seek compensation. Here is what you should do.
- Take all the photos you can of your surroundings and the specific hazard that caused your injury.
- Take down witnesses’ contact information including names, email addresses, phone numbers, and addresses so you find them later.
- Be sure to report the accident to the property owner or manager.
- Make sure you get medical attention as soon as possible. Keep copies of treatment records and medical bills.
- Call our premises liability attorneys in Winder, Georgia.
Who Is Responsible for an Injury in a Premises Liability Case?
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.
To prove your premises liability claim, our Winder Premises Liability Lawyers only have to establish four facts.
- 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 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 was negligent and is therefore responsible for your damages, 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 Winder premises liability attorney to prove liability. The premises liability attorneys at H Groves Law can help you build a strong case and recover damages.
What If My Child Is Injured?
Property owners in Georgia generally owe no legal duty to people trespassing on their property. Simply put, if you trespass on someone else’s property and sustain injuries, you can’t sue the property owner for not fixing the hazardous condition that caused your injuries.
When it comes to children, however, there’s an exception to the trespassing rule if the property contains a hazardous feature that would be attractive to children, which is also referred to as an attractive nuisance. Children are naturally curious and cannot always recognize danger. For this reason, property owners should secure potential hazards.
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 Winder premises liability lawyer as soon as possible.
What if I Was Injured at My Workplace?
Everybody deserves to feel safe in the workplace. If you got injured while still on the clock, you have grounds to seek workers’ compensation regardless of who is at fault for the injury. Except in rare cases Georgia workers cannot sue employers for injuries.
There are some cases where you can file a premises liability case against a third party in addition to filing for workers’ comp. This is possible if you were hurt due to a hazard created by someone else besides your employer. For example, suppose your employer has rented the office space where you work and you suffer an injury due to a structural defect or error.
Is There a Deadline for Filing a Premises Liability Claim?
Yes, Georgia law sets a deadline for filing personal injury cases, including premises liability claims. You must file a personal injury case within two years of the injury or accident. You relinquish your right to pursue compensation if the deadline set by the statute of limitations passes.
However, certain provisions can prolong or shorten the time frame. If the property owner is a government institution or the victim isn’t of legal age, the deadline for filing a premises liability claim can change.
Reach Out to a Winder Premises Liability Lawyer Today!
According to Georgia law, property owners have a responsibility to take reasonable steps to ensure the premises are safe for guests. They should remove or fix hazards and warn visitors of any dangers. Premises owners can be held accountable for injuries and accidents that happen because of their failure to meet this obligation.
Having to deal with injuries sustained on somebody else’s premises can be stressful as well as complicated. You may not be in a position to work and could be facing mounting medical expenses, among other complications.
At H Groves Law, our seasoned Winder premises liability attorneys are here to provide legal aid and ensure you are awarded the highest possible compensation to cover your bills and other needs.
Call our law firm near Winder, GA at (770) 329-1868 for a free and no-obligation initial consultation today.