About Premises Liability
- In Georgia, property owners are legally obligated to maintain their premises in a reasonably safe condition to protect lawful visitors. If a hazardous condition exists and causes injury, the injured party may have grounds for a premises liability claim.
- Unsafe conditions like trip hazards, faulty railings, inadequate lighting, and fire hazards are common causes of injuries in premises liability cases.
- Filing a premises liability lawsuit can help injured individuals recover compensation for medical bills, lost wages, pain and suffering, and long-term care needs. It also holds negligent property owners accountable, ensuring safer conditions for others.
Why Hire CSS for a Premises Liability Lawsuit
Owners and operators of commercial, private, and public property have a legal duty to visitors to maintain their property in a reasonably safe condition. If a negligent property owner allows a hazard to remain on their premises, guests could suffer serious injuries. Fortunately, Georgia law allows injured visitors to take legal action against negligent property owners in many instances.
At Childers, Schlueter & Smith, we understand how overwhelming it can be to suffer an injury on someone else’s property. Our dedicated team has the knowledge and experience necessary to navigate the complexities of premises liability cases. We can assist in holding negligent property owners accountable for your injuries and fight for the compensation you deserve. From gathering crucial evidence to negotiating with insurance companies, we will handle every aspect of your case, allowing you to focus on your recovery.
When you hire us, you’re not just getting attorneys—you’re getting advocates committed to securing the best possible outcome for you and your family. Whether you’re facing mounting medical bills, lost income, or long-term care needs, we are here to ensure you receive the justice and compensation you are entitled to under Georgia law. Let CSS be your voice in the fight for fair treatment and full recovery. Contact us today for a free case consultation.
Common Types of Property Hazards in Atlanta
There are many types of hazards that could lead to accidents on another’s property. Some of the most common issues include:
- Trip hazards such as unmarked curbs;
- Steps that fail to comply with applicable building and safety codes
- Inadequately or broken railings on decks and other raised surfaces
- Loose brick, tiles, or stairs
- Inadequate lighting
- Non-functioning smoke or carbon monoxide detectors
- Gas leaks or other fire hazards
Any unsafe situation that results in injury to a lawful visitor could result in a personal injury claim. A knowledgeable lawyer could help injured parties determine whether they have a valid premises liability case.
Property Owners’ Duty to Visitors
The Official Code of Georgia Annotated § 51-3-1 states that property owners and occupiers are responsible for keeping invitees on their premises safe. An invitee is an individual whom the property owner invites explicitly onto the property or is otherwise welcome. Invitees include customers during business hours, employees, guests, contractors, and any other person an owner or manager expressly or implicitly invites onto the property. If an invitee suffers an injury due to a hazard on the property, the owner or occupier may face liability.
However, it is important to note that not all visitors on a property are owed the same level of care. Property owners owe a slightly lower duty of care to licensees than invitees. Trespassers, who are on a property without permission, are owed the least amount of care. A property accident lawyer in Atlanta could help injured parties determine their visitor classification.
Gathering Evidence in Premises Liability Cases
The laws surrounding premises liability cases are complex, and many property owners and insurance companies attempt to blame the injured party for the accident. Consequently, it is crucial to work with a seasoned lawyer to gather evidence before negotiating with insurance company adjusters or filing a lawsuit.
Valuable pieces of evidence in a premises liability case may include:
- Surveillance video
- Photos of the hazard in question
- Witness testimony
- Medical records
- Medical bills
A dedicated personal injury attorney could help an injured party gather and analyze all relevant evidence in a premises liability case. Additionally, a lawyer could use that information to build a comprehensive claim against the other party.
A Premises Liability Attorney in Atlanta Could Help Fight for the Compensation You Deserve
Any injury you suffer due to the carelessness or negligence of a property owner could cause significant life changes. Severe injuries may lead to high medical bills, and you may become unable to work. If your injuries are permanent, you may even require in-home care or assistance to manage daily tasks.
If you or someone you love suffered injuries because a property owner or manager failed to maintain their property, contact us today. An Atlanta premises liability lawyer could help you pursue a legal claim and obtain compensation.
Frequently Asked Questions
Premises liability refers to the legal responsibility that property owners have to ensure their property is safe for lawful visitors. If they fail to address hazardous conditions and someone is injured, the injured party may file a premises liability claim.
Injuries from slip-and-fall accidents, tripping hazards, faulty railings, inadequate lighting, gas leaks, and other unsafe conditions may qualify for a premises liability claim. The key is proving the property owner’s negligence caused the injury.
To prove negligence, you must show the property owner knew or should have known about the hazardous condition and failed to fix it or warn visitors. Evidence like surveillance footage, witness statements, and maintenance records can help establish negligence.
An invitee is someone invited onto the property for business or personal reasons (like a customer). A licensee enters for their own purposes but with the owner’s permission, while a trespasser enters without permission. Property owners owe the highest duty of care to invitees.
Yes. Georgia follows a modified comparative negligence rule, meaning you can still recover compensation if you were less than 50% at fault for the accident on someone else’s property, though your recovery may be reduced by your percentage of fault.
Key evidence includes photos or videos of the hazard, witness statements, medical records, and bills. Gathering this evidence early is crucial for building a strong case.
The statute of limitations for premises liability claims in Georgia is typically two years from the date of the injury. Failing to file within this time frame may prevent you from pursuing compensation. A lawyer specializing in premises liability cases can ensure you meet any filing deadlines.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and in cases of permanent injury, future medical care or in-home assistance.
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