Common Types of Premises Liability Cases
There are many different types of premises liability cases. If you have been injured at a business or on someone else’s property under any circumstances, you should speak with a premises liability lawyer about your legal rights. Our firm handles all types of premises liability cases in Atlanta, Alpharetta, Cumming and the surrounding areas, including:
Elevator and Escalator Accidents
Elevator and escalator accidents are far more common than any of us would like to believe. Sadly, these accidents often result in severe traumatic injuries. Whether due to inadequate maintenance or other factors, property owners can face liability for elevator and escalator accidents under a wide range of circumstances.
Parking Lot Accidents
Parking lots can be dangerous places for pedestrians. Not only are slip and trip hazards very real concerns, but so are being backed over and run into by drivers who don’t have adequate visibility. Poor parking lot design, poor parking lot construction and inadequate parking lot maintenance are all common factors in falls and collisions between motor vehicles and pedestrians.
Private Residence Cases
Owners of private residences have a legal duty to ensure that their guests are not unreasonably put in harm’s way. If you were injured at a house party, while visiting a neighbor or family member, or while working on someone else’s home, you may be entitled to compensation under the homeowner’s insurance policy. Likewise, if your child was injured at someone else’s house, this could entitle your family to financial compensation under Georgia law.
From cracks and roots to overcrowding, sidewalks can present various risks for unsuspecting pedestrians. Some sidewalks are the responsibility of businesses, homeowners, and homeowners’ associations, while cities and other government entities maintain others. Regardless of who or what entity is responsible for the sidewalk where you were injured, our premises liability lawyer can help you seek just compensation.
While we don’t think about shopping as a dangerous activity, many slips, trips and falls happen at stores, supermarkets and other retail businesses. These businesses have a duty to keep their premises safe for shoppers, and if you were injured while shopping, you can – and should – speak with a premises liability attorney about your legal rights.
Swimming Pool Accidents
Swimming pool accidents can range from slips on pool decking to near-drowning and drowning incidents. Georgia law holds pool owners responsible for accidents in many cases. We handle swimming pool accident claims against homeowners, hotels, motels, resorts, condominiums, community centers, and other entities.
Other Accidents on Private and Public Property
From hospitals to public parks, premises-related accidents can happen just about anywhere. In addition to handling the cases discussed above, we take all other types of premises liability cases involving private and public property accidents. If you or a loved one has been injured, you should talk to a premises liability attorney, and we encourage you to contact us 24/7 for a free consultation.
If you have been injured in a fall or other accident on someone else’s property, you should speak with an attorney right away. If you have a claim, your attorney will need to collect as much evidence as possible; and, the sooner your attorney can send an investigator to the scene of the accident, the better.
The Property Owner’s Duty to You
Generally speaking, property owners have a legal duty to ensure that the property is safe for their guests and visitors. If you have permission to be on the property, either express or implied, chances are that the property owner owes you a duty to ensure your safety. There are some important considerations to keep in mind, which our Atlanta premises liability attorney outlines below.
- You did not have permission to be in a specific area. For example, you entered an area of a store that was clearly marked “employees only.”
- Retail property owners owe a higher duty of care to their visitors than private property owners.
- Property owners do not owe a duty of care to trespassers.
Our Atlanta Premises Liability Attorney Explains How a Property Owner Could be Found Negligent
Determining whether the property owner has breached their duty is the crux of most premises liability cases. An Atlanta premises liability attorney will determine a breach of duty according to a negligence standard – did the property owner fail to take reasonable care to prevent foreseeable injuries? This can take the form of failing to maintain the property and address hazards or failing to warn guests and visitors of potential hazards. Here are some common examples of negligence in premises liability cases:
- A retail owner fails to post a “wet floor” sign after mopping
- An apartment owner fails to repair a loose handrail on the stairs leading up to the building
- A nightclub owner fails to ensure that the fire suppression system is in proper working order
Determining whether the property owner breached their duty to you will depend primarily upon the facts in your case. An experienced Atlanta premises liability attorney will be able to evaluate your case and determine whether the owner was negligent.
The Elements of Negligence
The fact that you or your child has been injured on someone else’s property doesn’t necessarily mean that you have a claim. In order to pursue compensation for your injuries, you have to be able to prove the following elements:
- The property owner owed you a duty;
- The property owner breached that duty; and
- The breach caused your injuries.
If you cannot prove each of these elements, it is unlikely that you will be able to pursue a claim. Our injury lawyers encourage Georgia residents who have been injured on someone else’s property to consult with an Atlanta premises liability attorney. Whether you choose our Atlanta, Alpharetta or Cumming office location, we can work together to determine if you have a case to pursue.