Types of Premises Liability Claims Involving Special Circumstances in Georgia
Some of these special circumstances arise out of the facts involved in the accident, and some of them arise out of specific provisions of Georgia law. For example, some special circumstances that can impact how our attorneys pursue a premises liability claim include:
Trip and Fall Claims Involving Seniors in Georgia
As we get older, our bodies become more fragile. Therefore, it becomes increasingly likely that we will suffer the lingering effects of physical injuries that make us more susceptible to harm. As a result, seniors will frequently suffer severe injuries in falls and other premises-related accidents.
In these cases, the law takes the injured plaintiffs as the defendant finds them. In other words, the negligent party is responsible for whatever harm they cause no matter what condition the plaintiff was in prior to the negligent act. Traditionally, these plaintiffs with pre-existing injuries have been known as “eggshell plaintiffs,” meaning they are more fragile or susceptible to further injury than most. So, Georgia’s eggshell plaintiff law does not reduce a defendant’s liability based on a plaintiff’s pre-existing condition. An elderly man or woman may have extensive injuries from a fall that would have otherwise bruised a younger person. Regardless, the defendant is liable for all of the resulting
Premises Liability Claims Involving Children in Georgia
Accidents involving children present special circumstances as well. This is due not only to the unique impact that traumatic injuries can have upon children, but also involves Georgia’s “attractive nuisance” doctrine.
This doctrine holds property and business owners liable under premises liability for injuries to child trespassers caused by dangerous items and conditions that children are likely to be attracted to, such as trampolines and swimming pools. Under this law, a property owner can be held liable for a child’s injuries, even if the child was trespassing at the time of his or her accident.
Claims Where the Statute of Limitations Can Be Extended
Finally, some accident victims may wait to seek legal help for a variety of reasons. In Georgia, there is a two-year “statute of limitations” for premises liability claims, which means a claimant has two years from the date of the injury to file a legal claim. However, proving liability for a fall or other premises-related accident can become more difficult as time goes on. It takes time to investigate and prepare a claim, witnesses tend to forget details, and evidence tends to go stale or become “lost.” Therefore, it is important to speak with the Atlanta trip and fall law firm of Gilormo Injury Law. We will immediately require any party with potential liability to preserve any and all evidence regarding the claim.