Marietta Premises Liability Lawyer

What Is Premises Liability?

Premises liability is an area of personal injury law that specifically deals with accidents, injuries, and deaths occurring due to property owner negligence.

Examples of common premises liability claims include:

• Slip and falls and trip and falls
• Dog bites and attacks
• Swimming pool accidents
• Negligent security, leading to assault/injury
• Defective property conditions
• Construction defects
• Elevator and escalator accidents
• Amusement park accidents

Premises liability claims can involve any type of accident or injury resulting from improper maintenance and/or dangerous conditions on someone else’s property.

To have grounds for a case, however, you must generally prove that you were lawfully on the property when the accident occurred; in most states, including Georgia, property owners owe no other duty of care to trespassers other than refraining from willfully, wantonly, or intentionally causing injury or harm.

Examples of Dangerous Property Conditions

To be considered a “dangerous property condition,” a hazard must pose a “foreseeable” risk of injury to others. In other words, the condition has to be one that any reasonable person would know could potentially cause harm to another person who visits the property.

Some examples of dangerous property conditions include:

• Spilled liquids/merchandise
• Slippery or wet floors
• Accumulated snow or ice
• Lack of proper signage, including warning signs
• Insufficient lighting
• Cluttered walkways and aisles
• Overcrowding/exceeding capacity
• Lack of proper security
• Exposed electrical wires
• Unsafe steps, stairs, and stairwells
• Missing handrails
• Unsecured/falling objects
• Defective sidewalks
• Improper or insufficient safety rails, fencing, etc.

These and other unsafe conditions can cause serious accidents and significant or even life-threatening injuries. At The Roth Firm, LLC, we understand the challenges you face, and our premises liability attorneys want to help you get back on your feet.

Who Is Responsible for Accidents on Private or Public Property?

In many cases, a negligent property owner or manager is responsible for accidents and injuries occurring due to dangerous conditions on the property.

To bring a claim against a property owner or manager, you must prove several elements:

• The defendant owed you a duty of care, typically meaning you were lawfully on the property at the time of the accident
• The defendant breached the duty of care by failing to properly maintain the premises or by failing to adequately remove, repair, or warn others of a dangerous condition
• The defendant knew about or reasonably should have known about the dangerous property condition, including that it could cause foreseeable harm
• The dangerous property condition was not open/obvious (i.e., you could not have easily avoided the hazard)
• You were injured because of the dangerous condition/hazard and suffered measurable economic and/or non-economic damages

It can be difficult to bring a claim against a negligent property owner, even when you have proof of their liability. This is especially true in cases involving accidents and injuries occurring on municipal/government property.

However, when you reach out to a Marietta premises liability lawyer, like those at The Roth Firm, LLC, you set yourself up for the best possible chance of success. An attorney not only knows the law but can also help you navigate the process of filing a claim and avoiding making any mistakes that could jeopardize your recovery.

FAQs About Premises Liability Lawsuits in GA

Who can file a premises liability claim?

In Georgia, any individual who is injured on someone else’s property due to negligence may file a premises liability claim. This includes invitees (people who are on the property for business purposes), licensees (people who have permission to be on the property for social reasons), and even trespassers in some cases. However, the duty of care owed to trespassers is less than that owed to invitees or licensees. The injured party must show that the property owner breached their duty of care, resulting in the injury.

What evidence is needed to support a premises liability claim?

To support a premises liability claim, evidence such as photographs of the hazardous condition, witness statements, medical records, and incident reports can be crucial. Photographs can help document the dangerous condition and its impact, while witness statements can corroborate the events leading up to the injury. Medical records are necessary to prove the extent of the injuries sustained, and incident reports or maintenance records can show whether the property owner was aware of the hazardous condition.

Can a tenant be held liable for premises liability in Georgia?

In Georgia, tenants may be held liable for premises liability under certain circumstances, particularly if the tenant is responsible for maintaining the property or if the injury occurred due to the tenant’s negligence. For example, if a tenant fails to repair a known hazardous condition that causes an injury, they could be held responsible. However, property owners generally retain some liability for maintaining safe conditions on their property, even if the tenant is responsible for certain aspects of maintenance.

What if the property owner has insurance coverage?

If the property owner has insurance coverage, it may cover damages resulting from a premises liability claim. Typically, property owners have liability insurance to protect against such claims. Your attorney can negotiate with the insurance company to seek a fair settlement on your behalf. However, it’s important to understand that insurance companies may offer settlements lower than what you might be entitled to, so having a lawyer to advocate for your interests can be beneficial in ensuring you receive appropriate compensation.

What is the statute of limitations for filing a premises liability claim?

In Georgia, the statute of limitations for filing a premises liability claim is generally two years from the date of the injury. This means that you have two years from the date of the accident to file a lawsuit. If the claim is not filed within this time frame, you may be barred from pursuing legal action.

Are there any exceptions to premises liability claims?

Yes, there are exceptions to premises liability claims in Georgia. For example, if you were trespassing at the time of the injury, the property owner’s duty of care is significantly reduced. Additionally, some properties have limited liability under certain conditions, such as recreational use of land where the property owner may not be held liable for injuries resulting from the use of the property for recreational purposes.

Request a Free Consultation Today

At The Roth Firm, LLC, we have extensive experience representing clients throughout Georgia in all types of premises liability cases. Since 2006, we have fought for—and won—compensation on behalf of victims of negligence and their families. If you are unable to travel to one of our offices, we can come to you.

We offer complimentary case evaluations and do not collect any attorney fees unless/until we recover compensation for you. Our team can assist you in English or Spanish, and we always fight for the maximum recovery you deserve.

Call (404) 777-4899 or submit an online case evaluation form to request your free consultation today.