Atlanta Premises Liability Lawyer

A premises liability claim is filed to hold a property owner responsible for personal injuries and damages that arise from an accident on the party’s property. Property owners, which can include individuals or businesses, must take reasonable steps to maintain a safe environment for visitors. Failure to do so can result in a premises liability claim. These types of claims are often complex and require the services of an Atlanta premises liability lawyer who can help protect your rights and ensure all liable parties are included in the claim.

Common Types of Premises Liability Claims

There are a variety of different incidents that an Atlanta Premises Liability Lawyer can handle that fall under a claim for premises liability. These can include:

• Slip and Fall: A slip and fall claim involves injuries resulting from slipping or tripping on a property. It typically occurs due to hazardous conditions like wet floors, uneven surfaces, or obstacles.
• Dog Bite: In cases of a dog bite, premises liability extends to injuries caused by a property owner’s or occupier’s dog. The owner may be held responsible if they knew or should have known about the dog’s aggressive behavior.
• Negligent or Inadequate Maintenance: This type of claim arises when injuries occur due to the property owner’s failure to maintain their premises properly. It includes situations where maintenance neglect leads to unsafe conditions, causing harm to visitors.
• Negligent or Inadequate Security: Negligent security claims involve injuries resulting from inadequate security measures on a property. Property owners may be liable if insufficient security leads to harm, such as assaults or thefts.
• Retail Store or Mall Liability: Property owners of retail stores or malls have a responsibility to provide a safe environment for visitors. Liability may arise if injuries occur due to unsafe conditions within these establishments.
• Dangerous Condition on Property: This encompasses a broad category where injuries result from any dangerous condition on a property. It could include hazards like broken stairs, poorly maintained structures, or other unsafe features.
• Injury in a Swimming Pool: Premises liability applies to injuries that occur in or around swimming pools. Property owners must ensure proper safety measures, and they can be held responsible if negligence contributes to accidents in or around the pool.
• Grocery Store or Restaurant Liability: Liability in grocery stores or restaurants involves injuries sustained on the premises. This could be due to slips, falls, or other incidents caused by the property owner’s negligence in maintaining a safe environment.

Identifying Liable Parties

What makes premises liability claims so complex is identifying who the liable parties are. Who is liable in a situation with a leased commercial property or an apartment building? Typically, a landlord is not necessarily responsible for a tenant’s guests because there is a presumption that the tenant is the one in control of the property. However, there may be an exception in some situations, like with a latent defect which is a concealed and dangerous condition the tenant was not aware of when he or she took possession of the property.

If the apartment owner knew about the potential hazard, like a faulty staircase, falling ceilings, etc. it is easier to prove liability against the landlord.

Identifying liable parties in premises liability claims involves navigating these nuances. It requires a careful examination of the circumstances, especially in situations involving leased commercial properties or apartment buildings. This complexity underscores the importance of seeking legal advice, such as from our Atlanta Premises Liability Lawyers, to ensure a thorough understanding of who may be held accountable for severe injuries on a property.

Dog Bite Cases

Dog Bite cases are another complex matter under Georgia law. Historically, the courts follow the one bite rule to determine whether the dog owner knew the dog had a propensity for violence. This means, did the dog already bite someone and the owner was aware. However, in 2017, the Georgia Supreme Court ruled that if a dog had snapped at someone, and not actually bitten them, it could be enough for the owner to know they have a vicious animal on their hands.

How to Help Your Premises Liability Case

If you suffer a slip and fall in a public place, you can help your case right from the start. If you are not severely injured, take photos at the scene that show the hazardous conditions. Make sure you report the incident to the manager and get any names of witnesses who saw the incident. If you are noticeably injured at the time, be sure you seek medical attention right away. Any delay in receiving treatment if you claimed injuries at the scene will only hurt your case.

If you were attacked in a dark parking lot of your apartment complex after repeatedly asking your landlord to install new lights, take a photo of the dark conditions and where the attack happened. Your attorney will likely send an investigator with you back to the scene to recreate the incident, but photos from the time it happened are invaluable in helping establish liability.

Premises Liability Defenses: How Property Owners Challenge Claims

In premises liability cases, property owners often raise several defenses to avoid being held liable for premises liability injuries. Understanding these defenses is crucial for anyone pursuing a premises liability claim in Georgia. Here are common defenses used by property owners and how an Atlanta premises liability lawyer can help you overcome them.

Trespassing

One of the most common defenses in premises liability lawsuits is that the injured party was trespassing. Under Georgia premises liability law, property owners owe a lower duty of care to trespassers compared to lawful visitors. A property owner may argue that the individual who suffered personal injuries did not have the right to be on the property, thus reducing their legal responsibility to maintain a safe environment.

However, an experienced premises liability attorney can argue that the property owner was aware of trespassers and should have taken reasonable steps to prevent serious injury, especially in cases involving children and dangerous attractions like swimming pools.

Open and Obvious Hazard

Another common defense is that the hazardous condition was “open and obvious,” meaning the injured party should have noticed and avoided the danger. For example, in fall accidents, property owners may claim that a wet floor in a shopping mall or department store was clearly marked, and any fall injuries resulted from the individual’s failure to exercise ordinary care.

A skilled premises liability lawyer will investigate whether the property owner provided adequate lighting, proper signage, or warnings, and whether the hazardous condition was unavoidable, strengthening your liability case.

Comparative Negligence

Georgia follows a comparative negligence rule, which allows property owners to argue that the injured party was partly responsible for their premises liability accident. For instance, if someone is injured in an apartment complex parking lot, the property owner may claim the injured party wasn’t paying attention or acted recklessly.

An Atlanta premises liability attorney will work to minimize your fault percentage by showing that the property owner failed to exercise ordinary care or ignored their legal duty to provide a safe environment.

Lack of Knowledge About Dangerous Conditions

In many premises liability claims, property owners argue they were unaware of the dangerous condition that caused the accident occurred. Under Georgia premises liability law, a property owner can only be held liable if they knew or should have known about the hazard and failed to address it.

To counter this, premises liability attorneys will gather evidence such as prior complaints, repair requests, or inspection records to show the owner was aware of the danger and neglected their legal duty to correct it.

Adequate Security

In negligent security cases, such as assaults in parking lots or apartment complexes, property owners may argue they had adequate security measures in place, such as security guards or adequate lighting. They may claim they took reasonable steps to protect visitors, shifting blame to external factors.

Your premises liability attorney can challenge this by reviewing security camera footage, police reports, and expert testimony to show that the property owner failed to provide adequate security or failed to take necessary precautions.

Assumption of Risk

A property owner may argue that the injured party knowingly assumed the risks involved in entering a hazardous situation. For instance, if someone is injured in a swimming pool or a poorly maintained public property, the defense might claim that the individual accepted the risks inherent to these activities.

However, an experienced premises liability lawyer can argue that while certain risks may be assumed, the property owner still had a legal duty to keep the premises reasonably safe, especially if the hazards were not immediately apparent or adequately warned against.

Government Entity Immunity

When premises liability incidents occur on public property managed by a government entity, the property owner may claim immunity under Georgia statute. Governments often have special protections, limiting their legal responsibility for physical injuries caused by hazardous conditions.

A knowledgeable premises liability lawyer can navigate the complexities of liability law involving government entities, ensuring you have the best possible chance of holding them accountable, if applicable.

Why You Need an Atlanta Premises Liability Lawyer

If you’ve suffered premises liability injuries on someone else’s property, whether it’s a business owner, property manager, or government entity, you need a dedicated legal team to combat these defenses. Premises liability lawyers are skilled at investigating the circumstances of your accident, gathering evidence, and negotiating with the insurance company to ensure you receive compensation for your medical bills, lost wages, and other damages.

Contact our law firm today for a free consultation to discuss your personal injury claim. Let our liability attorneys help you navigate the complexities of premises liability law and fight for the compensation you deserve.

Why Choose Shani Brooks as Your Atlanta Premises Liability Lawyer?

Choosing Shani O. Brooks P.C. for your Atlanta premises liability case is a strategic decision for several reasons:

• Specialized Expertise: When you choose Shani O. Brooks P.C. as your Atlanta premises liability lawyer, you gain the expertise of legal professionals well-versed in the nuances of premises liability cases specific to Atlanta.
• Local Knowledge: Local knowledge is crucial in navigating the legal landscape effectively. Our team at Shani O. Brooks P.C. understands the city’s unique dynamics, contributing to a more informed and tailored approach to your case.
• Understanding of Local Laws: With a focus on premises liability in Atlanta, our lawyers at Shani O. Brooks P.C. possess a deep understanding of local laws, ensuring your case is handled by the relevant legal framework.
• Personalized Approach: Choosing Shani O. Brooks P.C. as your Atlanta premises liability lawyer indicates a commitment to a personalized legal strategy. Our professionals recognize the individuality of each case and tailor their approach to your specific circumstances.
• Effective Communication: Communication is key in legal proceedings. Selecting Shani O. Brooks P.C. signals, a commitment to clear and effective communication throughout the legal process.
• Proven Track Record: Our team at Shani O. Brooks P.C., specializes in premises liability in Atlanta, and has a proven track record in handling Atlanta Premises Liability Lawyer cases, instilling confidence in their ability to navigate and succeed in your legal matter.
• Local Network and Resources: Shani O. Brooks P.C. has an established local network and access to resources that can benefit your case, including knowledge of local experts, witnesses, and other relevant contacts.
• Accessibility: Selecting Shani O. Brooks P.C. ensures accessibility, facilitating easier communication and collaboration between you and our legal representatives.
• Focus on Atlanta Communities: Our legal team often demonstrates a commitment to the well-being of Atlanta communities by addressing premises liability issues that impact residents and businesses in the area.

Contact an Atlanta Premises Liability Lawyer

You must speak with an Atlanta premises liability attorney early on to ensure you preserve as much evidence as possible. It’s best if your attorney’s investigator can get right back to the property with you to see the hazardous condition and ensure you have good photos present to establish liability. If you were injured due to a hazardous condition or defect on someone’s property, whether it’s private or public, contact Atlanta premises liability lawyer Shani O. Brooks P.C. today at 404-920-4736 to schedule an initial consultation.

Frequently Asked Questions – Atlanta Premises Liability Lawyer

Q: Can I file a premises liability claim if I was injured on someone else’s property?

• Yes, if you were injured on someone else’s property due to their negligence, you may be able to file a premises liability claim to seek compensation for your injuries and damages. Speak to an Atlanta Premises Liability Lawyer for more information.

Q: What should I do if I’ve been injured on someone else’s property?

• If you’ve been injured on someone else’s property, seek medical attention immediately. Report the incident to the property owner or manager and document the scene by taking photos of any hazardous conditions that contributed to your injury.

Q: How long do I have to file a premises liability claim in Atlanta?

• In Atlanta, the statute of limitations for premises liability claims is generally two years from the date of the injury. It’s important to consult with an Atlanta Premises liability lawyer as soon as possible to ensure your claim is filed within the required time frame.

Q: What if I was partially at fault for the accident?

• Georgia follows a modified comparative negligence rule, which means you can still pursue a premises liability claim even if you were partially at fault. However, your compensation may be reduced based on your percentage of fault.

Q: What damages can I recover in a premises liability claim?

• In a premises liability claim, you may be able to recover damages for medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages. The exact damages available will depend on the specifics of your case which you can discuss with your Atlanta premises liability lawyer.

Q: How can an Atlanta premises liability lawyer help with my claim?

• An Atlanta personal injury lawyer can help by investigating the circumstances of your accident, gathering evidence to support your claim, negotiating with insurance companies on your behalf, and representing you in court if necessary. They can also help you understand your rights and options under Georgia law. With that said, if you are ready to start contact Atlanta premises liability lawyer Shani O. Brooks P.C. today at 404-920-4736 to schedule an initial consultation.