Atlanta Premises Liability Attorneys
Suffered an Injury on Someone Else's Property in Atlanta, GA?
When you visit a business, you expect to be safe. You expect that the property owner has taken the necessary precautions to ensure that you will not be injured while on the premises. Unfortunately, this is not always the case. In fact, many people are injured every year in slip and fall accidents, swimming pool accidents, and other incidents that occur on someone else’s property.
At Cunningham Bounds, we believe that negligent property owners should be held accountable for the injuries they cause. Our Atlanta premises liability lawyers have been representing the injured since 1958 and have recovered billions on behalf of our clients. We are prepared to fight for you.
Call (404) 609-1081 or contact us online today to schedule a free consultation with our premises liability lawyers in Atlanta.
What is Premises Liability?
Premises liability refers to the legal responsibility that property owners and occupiers have for injuries and accidents that occur on their premises. When someone gets hurt or suffers harm due to dangerous conditions on someone else's property, the property owner or occupier might be held liable for the damages.
Georgia categorizes visitors into three groups:
- Invitees: These are individuals who are invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees and must maintain safe premises and address known hazards.
- Licensees: These are individuals who enter the property for social reasons, such as guests in a private home. Property owners have a duty to warn licensees of known hazards that aren't obvious.
- Trespassers: Property owners generally owe a limited duty of care to trespassers. However, they can't deliberately set traps or hazards for trespassers and must avoid causing intentional harm.
In Georgia, to succeed in a premises liability lawsuit, the injured party (plaintiff) must establish the following elements:
- Duty of Care: The plaintiff must demonstrate that the property owner or occupier owed a duty of care to maintain a reasonably safe environment for lawful visitors. The level of care owed can vary based on the visitor's status (invitee, licensee, or trespasser).
- Breach of Duty: The plaintiff must show that the property owner breached this duty of care by either creating hazardous conditions, not addressing known hazards, or failing to warn visitors about potential dangers that the owner knew or should have known about.
- Causation: The hazardous condition must be directly linked to the injuries suffered by the plaintiff. It must be shown that the unsafe condition on the property directly caused the accident or injury.
- Notice: The plaintiff may need to demonstrate that the property owner had prior knowledge or should have had knowledge of the hazardous condition but failed to take reasonable steps to address it or warn visitors (based on whether they are an invitee, licensee, or trespasser).
- Damages: Finally, the plaintiff must provide evidence of actual damages incurred as a result of the accident or injury, such as medical bills, lost wages, pain and suffering, or other related losses.
Additionally, Georgia follows a comparative negligence system. This means that if the plaintiff is found partially at fault for the accident or their injuries, the compensation awarded may be reduced based on the degree of their own negligence.
Each premises liability case is unique, and the specifics of proving these elements can vary based on the circumstances of the incident, the type of property involved, and the nature of the injuries sustained. Gathering evidence, witness testimonies, and consulting legal expertise are crucial in pursuing a successful premises liability claim in Georgia.
Common Types of Premises Liability Cases
There are many different types of premises liability cases. At Cunningham Bounds, we have experience handling all types of premises liability claims, including those that involve serious injuries and wrongful death.
Some of the most common types of premises liability cases we handle include those that involve:
- Slip and Fall Accidents: These occur due to wet floors, uneven surfaces, poor lighting, or other hazards that cause someone to slip, trip, or fall.
- Inadequate Maintenance: When a property owner fails to maintain their premises, leading to unsafe conditions such as broken stairs, cracked sidewalks, or malfunctioning equipment.
- Defective Conditions: This involves dangerous conditions caused by structural defects, faulty construction, or improperly secured materials, which can lead to accidents and injuries.
- Negligent Security: If a property owner fails to provide adequate security measures leading to criminal activities like assaults, robberies, or other violent incidents.
- Dog Bites: Cases where a property owner's dog or pet injures someone while on their premises.
- Swimming Pool Accidents: Involving drownings, slip and falls, or other injuries related to inadequate safety measures around pools.
- Elevator and Escalator Accidents: Mishaps caused by malfunctioning or poorly maintained elevators or escalators on the premises.
- Fires and Burns: If a property owner fails to adhere to fire safety regulations or maintain fire exits properly, leading to injuries or fatalities.
- Retail Store Accidents: Injuries sustained in retail establishments due to hazards like falling merchandise, slippery floors, or overcrowding.
- Amusement Park Accidents: Injuries occurring at amusement parks due to ride malfunctions, inadequate safety measures, or poorly maintained premises.
- Construction Site Accidents: Injuries sustained by workers or visitors on construction sites due to hazardous conditions, inadequate safety measures, or negligence in maintaining a safe environment.
- Toxic Fumes or Chemical Exposure: Instances where individuals are exposed to harmful chemicals or toxic substances due to inadequate safety measures or improper handling and storage.
How Long Do I Have to File a Premises Liability Lawsuit in Georgia?
In Georgia, there's a time limit within which a premises liability lawsuit must be filed after an injury occurs. Typically, this time limit is two years from the date of the injury, but you must consult with a legal professional to understand the specific deadlines for a particular case.
How Our Firm Can Help You
At Cunningham Bounds, we understand that being injured in an accident can be incredibly stressful. You may be facing a long and painful recovery, mounting medical bills, and lost wages. Our Atlanta premises liability lawyers are here to help. We can handle all aspects of your case so that you can focus on what matters most—recovering.
When you choose to work with our firm, you can expect the following:
- A team of experienced attorneys who are committed to your success
- Aggressive representation from start to finish
- Personalized legal solutions tailored to your unique needs
- Regular updates on the status of your case
- Compassionate guidance and support
- Access to our network of experts
- Strong courtroom advocates who are not afraid to take your case to trial
Contact us today at (404) 609-1081 to schedule a free consultation with our team.
