Slip And Fall
Fry | Goehring successfully helps the injured recover the compensation they deserve.
Cases We Handle
Personal Injury
Premises Liability Attorneys in Atlanta
When you walk into any private or public building, you are probably not thinking about your safety. You don’t consider that you may lean on a defective railing that gives way and causes you to stumble or walk on a slippery surface, resulting in a slip and fall. Property owners in Atlanta are responsible for maintaining their premises and ensuring the general public’s safety.
The obligation to safeguard the public applies to private managers, temporary contractors, public municipalities, and generally any establishment accessible to the public. Homeowners can also be held culpable for accidents that occur on their premises. A skilled Atlanta premises liability attorney can assist you in holding the responsible parties accountable.
Our experienced Atlanta premises liability lawyers at Fry | Goehring can help you build an airtight case to achieve the best possible results. Our premises liability lawyer Atlanta services will entail reviewing your case, discussing your options, and formulating a plan. Contact us today or call 404-969-1284 for a complimentary consultation.
Premises Liability Laws in Georgia
Per Georgia’s premises liability laws (Section 51-3-1), property owners are mandated to exercise sufficient care to ascertain their properties are safe for persons present on the premises, including guests and clients. If reasonable care wasn’t exercised and somebody sustained an injury, the victim has grounds to seek reimbursement.
For your personal injury claim to go through, you must definitively prove the property owner’s negligence in causing the dangerous situation. A skilled Atlanta premises liability lawyer can help you recoup damages, including medical costs, pain and suffering, and lost earnings.
There are a range of reasons why premises liability accidents occur, including:
- Neglecting to maintain railings and stairways
- Failing to repair uneven flooring
- Carbon monoxide poisoning
- Exposure to dangerous chemicals
- Not cleaning spills and wet floors
- Not repairing broken tiles, torn carpets, or other surfaces
- Not issuing a warning concerning property defects that aren’t immediately apparent
- Defective escalators or elevators
- Non-compliance with building codes and regulations
Get a knowledgeable premises liability lawyer in Atlanta to help lodge your claim.
Types of Premises Liability Cases
Negligent Security
When you enter a business premises, such as a restaurant, bar, or shop, you may not view it as legally binding, but it is. The business has a duty to guarantee the safety of visitors. Although unanticipated ordeals can occur, a business may be to blame for negligent security if it does not apply appropriate security measures to protect its customers from assault, robbery, rape, and other criminal conduct.
Dog Bites
Dog bites can happen just about anywhere. Regardless of whether you were bitten on or near the dog owner’s premises, you have grounds to file a dog bite claim. Dog owners are obligated to keep their dogs from inflicting injuries, and businesses are obligated to ensure the safety of others while on their premises. Sadly, around 4.5 million dog bites are reported annually, most of which are child-related.
Slip and Fall Incidents
Although a slip and fall injury may not appear like a big deal, most lead to severe injuries, including spinal injuries, broken bones, and head injuries, which may result in permanent or long-term disability. Following a slip-and-fall accident on somebody’s property, it’s essential that you consult an Atlanta premises liability lawyer to determine whether you have grounds to seek a claim.
Other types of premises liability cases we handle include:
- Construction accidents
- Amusement park injuries
- Retail store injuries
- School and daycare injuries
- Carbon monoxide poisoning
- Nursing home abuse
- Hotel injuries
Work with seasoned premises liability attorneys in Atlanta when pursuing a premises liability claim. Our attorneys can assist you in understanding the proper steps to take following an accident on somebody else’s premises.
Duty of Care and Negligence
If you lease, rent, or own a property, you have a duty of care to prevent injuring yourself and others under identical circumstances. Not exercising ordinary care is considered negligence.
According to Georgia law (O.C.G.A. § 51-3-2), property owners have different degrees of responsibility for persons on their premises, which will depend on the individual’s status and reason for visiting.
- Invitee: This person gains entry into the business to carry out business or for a mutually beneficial activity. This includes customers, clients, and colleagues who are awarded the highest responsibility.
- Licensee: This has to show or imply consent of the owner to gain entry into the premises. These are social guests, like family and friends.
- Trespasser: This person enters the premises without permission. In this case, a property owner isn’t allowed to intentionally inflict injury on the trespasser, but if the trespasser suffers an injury, they are on their own.
The only exception is in the case of trespassing children. Property owners have a duty to safeguard children, invited or not, who may be attracted to their property.
Georgia and Comparative Fault
Georgia’s comparative negligence laws allow you to get compensated even if you were partially at fault. In this case, the court will establish the victim’s fault percentage. If your fault is 50% or more, you will not be eligible to recoup damages. But if the injured party has a fault percentage of 49% or below, damages awarded will be decreased by the percentage of fault.
For instance, let’s say you are hurt in a slip and fall while shopping at the supermarket, and it is found that you are 15% at fault for the accident, while the supermarket is 85% at fault. If the total damages sum up to $100,000, the damages you would get would be deducted by 15%, amounting to $85,000.
A premises liability attorney in Atlanta can help you determine and calculate your percentage of fault in the premises liability claim.
Proving a Premises Liability Case in Atlanta
Proving a premises liability claim against a property owner will require you to show that they had actual and constructive knowledge of the problem.
- Actual knowledge. This is where the property owner is fully aware of the dangerous condition but chooses to neglect or delay the problem. For instance, if the property owner knew there was a pit on their property or a slippery floor somewhere and did nothing to warn people, then they are culpable for any injuries that result.
- Constructive knowledge. This is based on the notion that the property owner should have exercised the same duty of care that an otherwise reasonable person would in the same circumstances. They should have been aware of the defect and taken appropriate steps to remedy it. For instance, the owner should have regularly maintained and inspected public spaces to ensure there are no tripping hazards or uncovered pits on the premises.
Here’s how our Atlanta premises liability attorney at Fry | Goehring can help show a property owner’s negligence:
- Proving they were aware of prior criminal elements in the area.
- Showing that appropriate security measures weren’t taken to address a potential security problem, including installing surveillance systems and hiring more security guards.
- Proving the property owner knew about the recurring problem and allowed it to happen.
- Interviewing previous victims who’ve suffered an injury on your premises.
- Acquiring medical records showing treatment for your premises liability injury.
- Hiring security experts, contractors, and architects to help us prove the property owner didn’t meet the caveat to ensure visitor safety.
Common Premises Liability Injuries
Here are some of the common premises liability injuries you may suffer:
- Broken bones
- Spinal injury
- Traumatic brain injuries
- Neck, back, and shoulder injuries
- Amputations
- Tissue, nerve, ligament, and muscle damage
Get an experienced premises liability attorney in Atlanta today to have your cost of care covered by the responsible party. Our premises liability lawyers will, together with your doctor, verify the extent of your injuries, the duration and type of medical care you need, and the cost of treatment.
Damages Available to Victims With Premises Liability Claims in Georgia
Here are the damages you may recoup in an Atlanta premises liability claim:
Economic Damages
These damages are awarded to injured claimants as compensation for monetary losses. These are easier to calculate and may include:
- Medical bills
- Property damage
- Loss of earnings
- Loss of earning capacity
Non-Economic Damages
These damages are difficult to compute and generally don’t have a monetary figure. They include pain, suffering, mental distress, lack of consortium, and reputational damage.
Punitive Damages
If it is proven the property owner acted irresponsibly and was aware of the potential danger on their property yet didn’t take action, the court may decide to award punitive damages to censure such property owners.
Get Help From a Fry | Goehring Atlanta Premises Liability Attorney
If you have suffered an injury on someone else’s premises, you may wonder what you should do next, particularly if you are acquainted with the owner. However, you should note that you won’t pursue a claim against the person but against their insurance carrier. Our Atlanta premises liability attorneys at Fry | Goehring know all the tricks insurers and property owners use to deny or lower your claim and will aggressively fight for your rights to achieve the best possible outcome for your case.
Please call Fry | Goehring’s law offices at 404-969-1284 to book an appointment with one of our experienced Atlanta premises liability attorneys today.
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