Atlanta Premises Liability Attorney for Serious Injury & Wrongful Death

Atlanta Premises Liability Attorney

An Experienced Premises Liability Attorney for Victims of Serious Injury & Wrongful Death

When people visit someone’s home, a place of business, a public area such as a park, or a government building, they don’t expect to be injured. Unfortunately, this happens all the time in the Atlanta area.

If you’re a customer or a permitted guest, the business or property owner or occupier has a legal obligation to ensure that the premises are relatively safe for everyone who visits. Business and property owners have a duty of care to prevent any hazards or dangers, including possible criminal assaults. Those who fail to protect visitors and the public against hazardous conditions are negligent, especially if someone is injured during their visit.

What Are Premises Liability Cases in Georgia?

Premises liability is the area of law that addresses injuries when someone is injured on another person’s property. At its core is the responsibility and duty of care that the owner must keep a premises reasonably safe for everyone who visits.

A property owner must also be aware of a hazard so that they have an opportunity to make repairs or at least remediate it. If someone notifies the property owner or manager of a hazardous condition and they fail to remediate it, they may be considered negligent and can be held liable for someone’s accident. Everything will depend on the facts of the case.

Reason for Being on the Property

Property owners are generally responsible for the injuries suffered by others while on their property. However, the reason for the person’s being on the property determines how much of a duty of care is required by the owner.

  • Invitees – Invitees are people who have the owner’s permission to be on the property for a business reason. The owner and/or occupier has a duty to keep the premises safe and maintained and provide warnings for unsafe conditions. One example is a person who pays to access a pool at a private club.
  • Licensees – Licensees are people on the property with permission for their own reasons, such as swimming at a neighbor’s pool. The owner is prohibited from causing intentional harm to a licensee.
  • Trespassers – Trespassers are persons on private property without the owner’s permission is not owed a duty of care. Like the licensee, the owner cannot intentionally cause harm to a trespasser, but isn’t responsible for their injuries otherwise. The exception is a child under the “attractive nuisance” laws which are treated differently. If an owner knows about the trespassers, they are required to notify them of any hazards as they would with invitees and licensees.

Proving Negligence & Causation in Georgia Premises Liability Cases

If you are pursuing a premises liability lawsuit against a property owner or business in Atlanta, your claim will likely be brought under Ga. Code Ann. Sec. § 51-3-1. This section of Georgia law requires property owners and occupiers to exercise ordinary care in keeping their premises reasonably safe.

Failure to provide adequate security is an example of how this duty of care may be breached. To hold an Atlanta business or property owner legally liable under this statute, you will be required to prove the following four things:

  • Duty: To start, injured victims must be able to establish that the defendant actually owed them a duty of care. Those invited onsite for the financial benefit of the property owner are owed the highest duty of care. Trespassers are owed the lowest duty of care (typically only the responsibility to avoid intentionally harming them).
  • Breach: Plaintiffs are required to prove that, in some manner, the defendant failed to take proper precautions in maintaining safe premises.
  • Causation: Defendants are only liable for injuries that are actually related to their negligence. Victims must be able to prove a causal link between the property owner’s negligence and their injuries. Per the impact rule, one must establish physical injuries directly caused by the defendant’s negligence before they can collect for emotional distress or trauma.
  • Damages: Lastly, victims must prove the value of their damages, which is another way of saying their losses, financial and otherwise. This could be anything from medical bills to lost wages to loss of life enjoyment. Damages are often among the most contested issues in a premises liability claim. An experienced Atlanta injury attorney will be able to help you outline the full scope of your damages during negotiations and, if necessary, during trial.

Georgia law also recognizes “open and obvious.” That is, if a hazard was highly visible to everyone and you chose to walk through it or approach it, the defendant may use “open and obvious” as a defense to your claim. If so, your chances of recovering compensation are much lower. Another example is someone talking on a cell phone and not paying attention to the obvious signage and experiencing an accident.

Statute of Limitations on Premises Liability Injury Cases

Georgia has a two-year statute of limitations on filing a premises liability case, beginning with the date of your accident. If you’ve been injured, it’s important to seek medical care first. Immediately afterward, seek legal representation to make sure that your rights are protected, and you can collect compensation for your injuries.

Compensation and Damages Recoverable in Georgia Premises Liability Injury Cases

Serious injuries on someone else’s property can be as bad as a car accident. You may need extensive medical care, or even long-term care after an accident. Fortunately, you may be able to recover some of those losses, including:

  • Medical expenses, including emergency care and ongoing treatments.
  • Lost wages.
  • Reduced or loss of earning capacity.
  • Long term disability.
  • Property damage.
  • Pain and suffering, including emotional injuries.
  • Diminished quality of life.

If you or a loved one has been badly injured due to premises liability negligence and
would like to discuss what possible damages you could recover, contact Apolinsky & Associates, LLC, for a case evaluation.

Types of Premises Liability Injury Cases We Handle

  • Building Collapse Case Icon
    Building Collapse

    Evidence that a property owner failed to align with building safety standards can be used as proof the landowner knew of a defect or danger and failed to address it. As such, victims of building collapses can qualify for compensation.

    Read More

  • Negligent Security Case Icon
    Negligent Security

    Property owners can be held liable following a criminal attack. Failure to take action or warn patrons of danger can result in a finding of negligence and liability, leading to civil compensation for victims.

    Read More

  • Animal/Dog Bite Case Icon
    Animal/Dog Bite

    Per the Georgia dog bite law, O.C.G.A. 51-2-7, anyone who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or allowing the animal to be at-large, causes injury to another person without provocation may be liable for damages.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    Georgia premises liability law can hold property owners liable for cases of assault that occur on their property. This allows individuals or families to seek justice for rape, sexual assault, and other injuries from the property owner where the incident took place.

    Read More

  • Deck Collapse Case Icon
    Deck Collapse

    If a property owner neglected to conform to building safety standards and knew there was a defect or danger and failed to address it, injured victims of deck collapses can qualify for legal compensation.

    Read More

  • Window Fall Injury Case Icon
    Window Fall Injury

    Window fall injuries are easily preventable. If you were injured in a window fall caused by a property owner’s neglect, you may have grounds for a claim against the responsible entity.

    Read More

  • Swimming Pool Accidents Case Icon
    Swimming Pool Accidents

    Swimming pool accidents are all too common, and entirely preventable. If a swimming area was not secured from foreseeable danger and resulted in injury or death, victims may be entitled to compensation.

    Read More

  • Roof & Ceiling Collapse Case Icon
    Roof & Ceiling Collapse

    Roof & ceiling collapses can cause severe injuries. If there is proof the landowner knew there was a defect or danger and failed to address it, injuries from building collapses can qualify for legal compensation.

    Read More

Types of Premises Liability Injury Cases We Handle

  • Building Collapse Case Icon
    Building Collapse

    Evidence that a property owner failed to align with building safety standards can be used as proof the landowner knew of a defect or danger and failed to address it. As such, victims of building collapses can qualify for compensation.

    Read More

  • Negligent Security Case Icon
    Negligent Security

    Property owners can be held liable following a criminal attack. Failure to take action or warn patrons of danger can result in a finding of negligence and liability, leading to civil compensation for victims.

    Read More

  • Animal/Dog Bite Case Icon
    Animal/Dog Bite

    Per the Georgia dog bite law, O.C.G.A. 51-2-7, anyone who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or allowing the animal to be at-large, causes injury to another person without provocation may be liable for damages.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    Georgia premises liability law can hold property owners liable for cases of assault that occur on their property. This allows individuals or families to seek justice for rape, sexual assault, and other injuries from the property owner where the incident took place.

    Read More

  • Deck Collapse Case Icon
    Deck Collapse

    If a property owner neglected to conform to building safety standards and knew there was a defect or danger and failed to address it, injured victims of deck collapses can qualify for legal compensation.

    Read More

  • Window Fall Injury Case Icon
    Window Fall Injury

    Window fall injuries are easily preventable. If you were injured in a window fall caused by a property owner’s neglect, you may have grounds for a claim against the responsible entity.

    Read More

  • Swimming Pool Accidents Case Icon
    Swimming Pool Accidents

    Swimming pool accidents are all too common, and entirely preventable. If a swimming area was not secured from foreseeable danger and resulted in injury or death, victims may be entitled to compensation.

    Read More

  • Roof & Ceiling Collapse Case Icon
    Roof & Ceiling Collapse

    Roof & ceiling collapses can cause severe injuries. If there is proof the landowner knew there was a defect or danger and failed to address it, injuries from building collapses can qualify for legal compensation.

    Read More

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Atlanta Premises Liability Attorney FAQs

What is Actual and Constructive Notice?

As noted in the Georgia Court of Appeals case of Aldreg v. Byrd et al. the existence of a dangerous condition on its own isn’t nearly enough to make the property owner liable for an invitee’s injuries. There must be evidence that they had actual or constructive knowledge of the danger.

As our Atlanta injury attorneys can explain, actual knowledge is when the property owner has direct knowledge or observation of the hazard in question. Constructive knowledge, on the other hand, means circumstantial evidence establishes the property owner should have known about the danger.

It can be tough to prove actual knowledge. Often, we have to make a case for constructive knowledge. One way to establish this is to show the property owner failed in their responsibility to use reasonable care in routinely inspecting the site. Violations of building codes or ordinances can also be used to establish constructive knowledge.

What is the Equal Knowledge Defense?

Although property owners have a responsibility to address known hazards and warn invitees about them, people are also expected to use common sense in watching out for open and obvious dangers. The equal knowledge defense holds that if a plaintiff has equal knowledge of a hazard, they have a responsibility to try to avoid it.

A recent example of the equal knowledge defense was weighed by the Georgia Court of Appeals in the 2015 case of Forest Cove Apartments v. Wilson. Plaintiff operated a cleaning and repair business and was contracted to fix some subfloor issues. She provided an estimate and returned with a crew the next day, when she soon realized there was black mold and significant structural concerns. The property owner asked for pictures and an updated estimate. As she was doing this, she fell through the floor and onto a hot stove, suffering serious injuries. She sued the property owner, who argued she had equal knowledge of the danger and a duty to avoid it. Both the trial court and the appellate court agreed.

An injury lawyer should be able to give you a good idea of the likely defenses that will arise in your premises liability claim, and how we can mitigate their impact.

What Is The Statute Of Limitations For A Georgia Premises Liability Civil Case?

According to GA Code § 9-3-33, the statute of limitations in Georgia dictates that injured parties have just two years to bring their personal injury claims forward. After those two years, a court will dismiss the claim. In many cases, insurance companies will employ stalling techniques to run out the clock and avoid paying anything. For this reason and the myriad other complex factors that apply to the statute of limitations in any case, victims should always have their case evaluated and guided by an experienced premises liability personal injury attorney.