Atlanta Premises Liability Lawyer
Property Owner Negligence in Fulton County
If you were injured at someone else’s home, in a retail store, or on any other type of private or public property, you could be entitled to compensation for your resulting medical bills, lost wages, pain and suffering, and other damages. In Georgia, you can hold property owners legally liable when their negligence or failure to maintain their properties results in serious accidents or injuries—and The Roth Firm, LLC can help.
Since 2006, our firm has been fighting for the rights of injured clients throughout Fulton County and the entire state of Georgia. From our office in Atlanta, our premises liability lawyers provide personalized legal services tailored to each client’s unique needs. Because we limit our caseload, we are able to dedicate all our resources, efforts, and skills to every case. This approach has helped us recover numerous significant settlements and favorable verdicts for our clients.
Learn how we can help you with your premises liability claim; call (404) 777-4899 or contact us online to schedule a free, no-obligation consultation.
What Are the Different Types of Premises Liability Cases in Georgia?
Premises liability lawsuits are a type of personal injury claim that involves injuries sustained on someone else’s property due to the owner’s negligence. Property owners have a legal duty to maintain their properties in reasonably safe conditions, and when they fail to do so, people can get hurt as a result. There are different types of premises liability cases because there are many different kinds of accidents and injuries that can occur on another person's property. Some examples include, but are not limited to:
- Slip and Fall: Property owners have a legal responsibility to maintain the premises they own in reasonable condition, meaning they should remove any dangerous conditions that could lead to someone slipping or tripping and sustaining injuries as a result of their fall.
- Dog Bites: Georgia holds pet owners liable for damages caused by their pets if it can be proven that the owner was aware of their pet’s aggressive tendencies but failed to take appropriate action against its behavior.
- Negligent Security Cases: Property owners may also be held liable for inadequate security if an injury occurs due to lack of proper security measures, such as weak locks or poorly lit areas on the property.
- Pool Accidents: Owners are responsible for maintaining pools in safe condition and ensuring adequate safety measures are taken, like installing fencing with secure gates around the pool. Not maintaining or properly deploying safety measures puts swimmers at risk of drowning or suffering other serious harm from pool accidents.
- Negligently Maintained Stairways & Walkways: If stairs or walkways are not properly maintained and this causes an injury, then the property owner can be held liable. Examples of negligent maintenance can include having loose floorboards or steps; or having a stairwell without railings.
If you were injured at someone else’s home or business due to their negligence, you may be entitled to compensation for your losses. An experienced Atlanta premises liability attorney can help you understand your rights and pursue the compensation you deserve for your damages.
How Can an Atlanta Premises Liability Lawyer Help Injured Individuals?
When an individual suffers an injury while visiting someone else’s property, they may be entitled to seek compensation for their losses. This is where a premises liability attorney in Atlanta can help. A qualified attorney near you who specializes in premises liability law has knowledge of the legal system and is experienced in helping individuals who have been injured due to another person or entity's negligence.
Premises liability lawyers are knowledgeable about Georgia laws that protect the victims of these types of accidents and will fight hard to ensure those responsible are held accountable for their actions. An attorney can also provide invaluable guidance on how best to proceed with filing a claim and negotiating settlements so that the injured party receives fair compensation for their medical bills, lost wages, pain and suffering, and other damages resulting from the incident.
A premises liability attorney can also help you:
- Investigate the premises where the accident occurred to determine whether it was maintained safely, as required by Georgia law.
- Examine evidence including eyewitness testimony and any surveillance footage of the incident in order to build a strong case on behalf of their client.
- Gather medical records and bills related to an injury sustained due to another’s negligence on their property. This will help individuals seek proper compensation for said damages.
- Negotiate with insurance companies or other responsible parties for a fair settlement that covers all medical expenses and any other losses suffered by the injured individual. These losses can include damages such as lost wages due to time off from work or pain and suffering resulting from injuries suffered due to someone else's negligence.
- Help clients file a lawsuit in order to receive appropriate compensation for damages incurred due to an injury suffered on someone else's property according to the legal guidelines set forth by Georgia state laws concerning premises liability claims.
- Represent clients in court during proceedings related to premises liability in Georgia.
Who Can File a Premises Liability Lawsuit?
To have grounds for a premises liability lawsuit in Georgia, there are several elements of your case you must prove:
- Duty of Care: First, you must prove that the property owner owed you a duty of care. Property owners in Georgia owe varying levels of care to different types of visitors, with the highest level of care owed to invited visitors (known as “invitees”). Property owners owe a lesser duty of care to uninvited visitors who are lawfully on the property (“licensees”), and their only duty to trespassers is to refrain from wantonly or willfully causing injury.
- Breach: Next, you must prove that the property owner breached the duty of care owed to you. Typically, this involves proving that the property owner failed to perform reasonable property maintenance and/or failed to properly remove, repair, or warn of a dangerous condition that existed on the premises. You will also have to prove that the property owner knew about or reasonably should have known about the dangerous condition.
- Injuries and Damages: You will also have to prove that you actually suffered injuries and/or damages to bring a premises liability claim. If you tripped on uneven flooring and fell but were not injured, you do not have a case. On the other hand, if you fell and broke your arm or suffered a concussion, you could have grounds for a claim. In a premises liability case, you can seek compensation for both economic and non-economic damages.
- Causation: Lastly, you must prove that the property owner’s negligence in failing to maintain the property or repair, remove, or warn you of the dangerous condition was the proximate cause of your injuries and/or damages. Often, this involves demonstrating that you were not acting negligently and that the dangerous condition that caused your injury was not “open and obvious,” making it easily avoidable.
Georgia law permits you to bring a claim against a private property owner, such as a homeowner or small business owner, or a public entity, such as a government entity responsible for parks maintenance. As long as you can prove the above elements, you can seek financial compensation for your damages and work to hold the negligent property owner accountable.
How Long Do You Have to File a Claim Against a Negligent Property Owner?
Like other types of personal injury claims, premises liability cases in Georgia are subject to a statute of limitations. That means you have a limited time to file a lawsuit against a negligent property owner; if you fail to bring your case within the designated timeframe, you will almost certainly lose your opportunity to seek compensation for your damages.
In Georgia, the statute of limitations on nearly all premises liability cases is two years from the date of the accident/injury. However, for cases against the government, including both local municipalities and state government agencies, different rules apply. You must provide a notice of intent to file a claim within 12 months of the accident/injury for cases against the state and within 6 months for cases against local government entities.
If you were injured on someone else’s property, it is important that you act quickly. Over time, evidence can be lost and memories of what happened may fade. The sooner you reach out to our Atlanta premises liability lawyers, the sooner we can begin building your case and fighting for the fair compensation you are owed.
Choose a Team That Will Fight for Your Recovery
Accidents resulting from unsafe property conditions can result in devastating injuries, from traumatic brain injuries to broken bones to toxic exposure. At The Roth Firm, LLC, we understand how important it is that you recover maximum compensation for your damages as quickly as possible. We work hard to achieve fast, favorable settlements for our clients, but when this is not possible, we are fully prepared to represent you at trial.
We handle all types of premises liability claims in Fulton County and throughout Georgia, including but not limited to:
- Slip and fall cases
- Dog bites and attacks
- Swimming pool accidents
- Elevator and escalator accidents
- Negligent security
- Ice and snow accidents
- Falls to lower levels
- Defective sidewalks
- Government liability claims
- Falling objects
- Amusement park accidents
- Exposure to harmful substances
If you were injured or if someone you love died due to unsafe conditions on someone else’s property, reach out to The Roth Firm, LLC and choose a team that will fight for you. Our Atlanta premises liability lawyers have the resources, skills, and experience to effectively advocate for you.
Contact us today at (404) 777-4899 to schedule a free consultation. There are no attorney fees unless we win your case!
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