Injuries and fatalities can occur anywhere. When they occur on another individual’s or business’ property, the incident falls under premises liability law. If the property owner acted in a negligent or reckless way, they could be responsible for paying your damages.
In Georgia, you can file a civil lawsuit against a landlord, retailer, homeowner, or other entity for an injury that occurs on their property. The lawsuit could result in compensation for your medical bills, missed wages, and more. If you’re interested in seeking compensation, you should contact a premises liability lawyer in Atlanta. 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.