Atlanta PREMESIS LIABILITY LAWYERS

From slip-and-falls to negligent security, our trial-ready team uses national-scale resources and a proven record to fight for your full recovery.

Accidents can happen anywhere, but when they occur due to a property owner’s negligence, you shouldn’t have to bear the burden alone. Georgia premises liability law allows you to hold a landlord, retailer, or business accountable for injuries that happen on their premises. This legal action can result in compensation for your mounting medical bills, lost income, and other related expenses. If you’re seeking justice and financial recovery, our Atlanta premises liability lawyers are here to guide you through the process and fight for the best possible outcome.

Here at Stewart Miller Simmons Trial Attorneys, we want to help you seek justice and financial restitution for your accident.

The Basics of Premises Liability Law

There are many hazards that could cause an injury in a home or workplace. However, those hazards are often preventable. The property or business owners has the responsibility of keeping you and other visitors safe.

When they fail to do so, premises liability law comes into play. According to Georgia laws, all of the following could result in a lawsuit against the offending party:

• Poor maintenance
• Code violations
• Uneven or cracked sidewalks
• Missing signs
• Broken handrails
• Slippery floors

For a victim to file a lawsuit, the incident needs to meet a few requirements. For one, there needs to be some type of injury or death. Additionally, there must be negligence of some sort. Consider a store owner who fails to fix a broken handrail. By not repairing the handrail, they are acting in a negligent way. Because of this negligence, someone may end up injured if the handrail gives out and they fall or slip.

The Specifics of Premises Liability

There are very specific laws regarding premises liability. For example, you only have two years to file a claim against the individual or business. If a government entity caused the accident, you only have six months to get started on the lawsuit.

Another noteworthy law is the comparative fault clause. In Georgia, any personal injury lawsuit must abide by comparative fault. The court considers how much responsibility each party bears for the incident. If you are partially at-fault, you can still receive compensation.

However, you do lose some of your compensation. You can only receive a percentage of the full amount. For instance, someone who is 20% at-fault for an accident can only receive 80% of the total damages.

Common Types of Premises Liability Incidents

If you want to better understand premises liability, you should consider some examples of incidents. Here are a few common cases of premises liability incidents:

1. Slip and Falls

One of the most common types of accidents is the slip and fall. If you fall over a broken surface or a wet floor, you could suffer from a serious injury. It’s the responsibility of the property or business owner to keep the floor clear of hazards. At the very least, they should have signs warning you of the hazards.

2. Dog Bites

Almost all states have unique laws regarding dog bites. In Georgia, dog owners are responsible for their animals. If an owner fails to have a dog on a leash or heeling, they are liable for your injury. It’s up to them to control their dog and keep you safe.

An article shared by Insurance Information Institute reports that American households house almost 90 million dogs. About 4.5 million dog bites occur in the United States each year. Of those 4.5 million dog bites, roughly 800,000 required medical care. With the population reaching almost 331 million in 2020 that results in about 1 in every 72 people suffering a dog bite.

3. Inadequate Safety Features

If a business does not have proper safety features, they put you at risk. Typically, these safety issues involve fire safety. For instance, a business might have too many people in one room. They could also have a lack of or malfunctioning smoke detectors. In any case, the inadequate safety measures could result in an uncontrollable fire.

4. Poor Security

You have a right to security when you are on a premises. Whether you are in a hotel, attending a concert, or at a shopping mall, you deserve a safe experience. The owner should have enough security personnel to prevent muggings, vehicle thefts, and more.

There’s also the issue of poorly trained security. If a poorly trained officer mishandles a situation, they could do more harm than good. Once again, the blame lies with the business or property owner.

Working with a Premises Liability Lawyer in Atlanta

In 2017, the median household income in Atlanta was $65,381. An accident could cause your household income to drastically decrease. If you miss work or experience an injury that forces you into a new career, you are likely to have financial hardship.

Instead of suffering, you can seek assistance. You could be eligible for compensation, and Stewart Miller Simmons Trial Attorneys wants to help you. We have a team of attorneys ready to help you get the full and fair compensation you deserve. Contact our office to find out how we can stand up for you.

Frequently Asked Questions About Premises Liability in Atlanta, Georgia

1. What is premises liability, and why do I need a premises liability lawyer in Atlanta, Georgia?

Premises liability in Georgia holds property owners or occupiers accountable when they fail to exercise ordinary care in keeping premises and approaches safe for invitees, as required by O.C.G.A. § 51-3-1. This includes injuries from slips and falls, dog bites, inadequate security, or fire hazards. In bustling Atlanta, a premises liability lawyer in Atlanta, Georgia, investigates negligence, gathers evidence like prior incidents or maintenance records, and fights for compensation to cover medical bills, lost wages, and pain and suffering.

2. What types of cases does a premises liability lawyer in Atlanta handle?

A premises liability lawyer in Atlanta handles cases such as slip and falls (wet floors, uneven surfaces, broken steps), dog bites from uncontrolled animals, negligent security (inadequate lighting, locks, or personnel leading to assaults or shootings), inadequate safety features (e.g., fire hazards or overcrowding), and other hazards on commercial, residential, or public properties. In Atlanta’s high-traffic areas like Fulton and DeKalb Counties, these claims are common. A premises liability lawyer in Atlanta, Georgia, applies Georgia law to prove the owner’s breach of duty.

3. Who can be held liable in a premises liability claim in Atlanta, Georgia?

Under Georgia law (O.C.G.A. § 51-3-1), liability can extend to property owners, landlords, managers, tenants, businesses, or anyone in control of the premises who fails to maintain safe conditions for invitees. This includes apartment complexes, stores, hotels, or parking lots in Atlanta. A knowledgeable premises liability lawyer in Atlanta, Georgia, identifies all responsible parties through investigation and pursues claims against them for injuries caused by negligence.

4. What compensation can I recover with a premises liability lawyer in Atlanta?

Victims in Atlanta may recover economic damages (medical expenses, hospital bills, lost wages past and future) and non-economic damages (pain and suffering, emotional distress, disability). Georgia’s comparative negligence rule (O.C.G.A. § 51-12-33) reduces recovery by your fault percentage (barred if 50% or more). A dedicated premises liability lawyer in Atlanta, Georgia, builds a strong case to maximize compensation for serious injuries like fractures, head trauma, or long-term impairment from premises hazards.

5. What are the most common premises liability accidents in Atlanta, Georgia?

Common premises liability accidents in Atlanta include slip and falls on wet or uneven surfaces in stores or apartments, dog bites in residential or public areas, negligent security incidents (assaults, muggings, or shootings due to poor lighting/security), and injuries from fire hazards or inadequate maintenance. Atlanta’s dense urban environment and high visitor traffic increase these risks. A premises liability lawyer in Atlanta, Georgia, proves the hazard was foreseeable and the owner failed to address it under state law.

6. What should I do after a premises liability injury in Atlanta, Georgia?

Seek immediate medical attention, document the hazard (photos of the scene, conditions, or injuries), gather witness information, and report the incident to the property owner or manager. Avoid giving statements to insurance adjusters without advice. Then, contact a premises liability lawyer in Atlanta, Georgia, promptly for a free consultation to preserve evidence, meet deadlines, and build a claim under Georgia premises liability law.

7. How long do I have to file a premises liability lawsuit in Atlanta, Georgia?

In Georgia, the statute of limitations for most premises liability claims (as personal injury actions) is two years from the date of the injury (O.C.G.A. § 9-3-33), with potential shorter periods for government entities or discovery rules. Exceptions may apply for minors or certain cases. A premises liability lawyer in Atlanta, Georgia, evaluates your timeline early to ensure timely filing in local courts and protect your right to compensation.

8. Why choose an experienced premises liability lawyer in Atlanta for my case?

Premises liability cases in Atlanta are complex, requiring proof of the owner’s knowledge of hazards, ordinary care standards under O.C.G.A. § 51-3-1, and defenses like comparative fault. An experienced premises liability lawyer in Atlanta, Georgia, provides thorough investigations, expert handling of evidence (e.g., surveillance or maintenance logs), local knowledge of Fulton and DeKalb County courts, and aggressive advocacy to secure justice and full recovery for victims injured on unsafe properties throughout the Atlanta metro area.