Georgia Premises Liability Lawyer

Types of Premises Liability Cases 

Even though falls and slips are by far the most prevalent kind of premises liability cases, other kinds of claims may also be brought under this legal theory. As a matter of fact, any victim of an injury on property may file a lawsuit against the owner or occupier under Georgia's premises liability statute if they were negligent in causing the accident or failed to correct or warn about dangerous conditions that resulted in a serious injury or death.

The legal phrase "premises liability" refers to a broad category of situations where a property owner is liable for harm or losses caused by dangerous conditions or inadequate upkeep on their property. Legal requirements are imposed by premises liability law on property owners to endeavor to keep their guests safe.

Typical instances of premises liability cases include the following:

• • • Slip, trip and fall accidents: A mishap involving a person slipping, tripping, or falling on either public or private land is called a slip and fall. One of the most prevalent categories of premises liability lawsuits is a slip and fall. These mishaps may occur as a result of slick surfaces in places like the grocery shop, restaurant, department store, public walkway, or someone else's house.

    • Negligent (inadequate) security: These situations frequently occur when the occupant or owner of the property neglects to provide sufficient or appropriate security measures to ensure the safety of their guests. For instance, if a bank customer is robbed at night in the parking lot, the bank might be held accountable if they neglected to install security cameras or pay security guards to dissuade criminal activity.

    • Swimming pool accidents: Pool owners, whether their pool is privately owned or open to the public, have a duty under the law to prevent drowning deaths by providing the necessary fences, gates, and other safety features. A pool owner may be held accountable for a drowning or mishap in the pool if they disregard Georgia's rules pertaining to pool safety.

    • Dog bites/attacks: Dog owners face severe legal repercussions under Georgia's modified one-bite law if their pet assaults or bites someone else after they had knowledge that the dog was "vicious," which means the dog had bitten someone else or acted aggressively. If a dog escapes and assaults someone, or if its owner forgets to leash their pet, they may potentially face legal consequences. Even though dog bites occur more frequently, other animal bites may warrant a claim for a just compensation. 

    • Toxic torts: A visitor or guest may be exposed to hazardous chemicals or vapors on private or public property, in which case premises liability legislation may apply. For example, Georgia's premises liability theory may impose duty on the property owner if residents or their guests suffer injuries due to a leak of gas, asbestos, lead paint, or poisonous mold in an apartment complex.

    • Elevator or escalator accidents: It might be difficult to determine who is at fault in an accident involving an escalator or elevator. The owner of the building or property, a maintenance and repair business, or the elevator or escalator manufacturer could be held accountable. If the occupant or property owner is at fault, premises responsibility rules may apply.

    • Slip and falls (the most common premises liability claim): The shame associated with slip and fall incidents is just one of the numerous factors that make them particularly difficult. Even though everyone trips and falls occasionally, people of all ages frequently feel ashamed when they trip and fall. Unfortunately, this guilt usually keeps wounded people from telling a property owner or their employer about the accident, and victims typically blame themselves for being “clumsy,” “uncoordinated,” or “having two left feet”—despite the fact that the property owner's negligence was the actual cause of the disaster.

Common Causes of Slip & Fall Accidents

In many slip-and-fall cases, the negligence of property owners can contribute to the incident. Some of the most common potential hazards that cause of slip, trip and fall accidents on public and private property, as well as in the workplace, include:

●  Icy, slick, or wet floors

● Improper or worn footwear

● Insufficient lighting

● Loose rug

● Torn carpet

● Cracked sidewalk or flooring

● Ground clutter

● Broken steps or uneven surfaces

● Unsecured ladders or scaffolding

● Stray wires or cords

Common Slip & Fall Injuries

Soft-tissue injuries, such as sprains and strains to the muscles, are quite prevalent following a slip and fall. With rest and a cold compress, a minor sprain might mend on its own; serious sprains, however, might need surgery, rehabilitation, and other expensive medical care.

According to data from the Centers for Disease Control & Prevention (CDC), there was a thirty percent rise in the frequency of falls-related deaths among older Americans between 2007 and 2016. Regardless of age, the following severe and long-lasting injuries can arise from a slip and fall:

Brain Damage from Trauma (TBI): Falls are the most frequent cause of traumatic brain injury (TBI) and head trauma. Your quality of life may be negatively impacted by these types of brain damage, which can also result in chronic migraines, nausea, vertigo, anxiety, and disorientation.

Broken Bones: At least 300,000 older persons are admitted to hospitals each year due to hip fractures. Nearly 95% of hip fractures are caused by falls, most of which are sideways. Fractures to the hands, wrists, and arms are particularly prevalent since it is human nature to try to support ourselves when we fall. Bone breaks occur in about 5% of slip and fall incidents.

Knee Injury: A seemingly "minor" slip and fall could result in a serious injury like an anterior cruciate ligament (ACL) tear if you jolt or twist your knee. Even with physical therapy, these injuries can be so bad that they prevent you from going to work or engaging in leisure activities for weeks or months until they heal completely.

Back and/or Spine Ache: One of the main causes of spinal cord injury and back pain is falls and slips. A slipped disc, a pinched nerve, or an irreversible spinal lesion could occur in your spine and cause either partial or complete paralysis.

Shoulder Damage: It's human nature for someone to brace themselves and extend their arms when they fall. Although this reaction can shield your head, it also runs the risk of rupturing your rotator cuff or dislocating your shoulder. Recovering entirely from these illnesses can take weeks or even months, and they can cause excruciating pain.

Muscle Sprains: Soft-tissue injuries, such as sprains and strains to the muscles, are quite prevalent following a slip and fall. With rest and a cold compress, a minor sprain might mend on its own; serious sprains, however, might need surgery, rehabilitation, and other expensive medical care.

How to Win a Premises Liability Case 

An individual or family may experience extreme financial strain as a result of a major injury. In fact, falls cost more than $50 billion in medical bills alone in 2015—and that wasn't even accounting for the costs that might subsequently arise from more serious injuries. Medicare, Medicaid, and health insurance can help with some of these medical expenses, but in order to get compensation for other damages like lost wages, pain and suffering, mental anguish, and more, you might need to think about bringing a premises liability claim.

The legal status of the guest who was hurt on the property is crucial to proving liability and recovering damages in a premises liability lawsuit in Georgia. In Georgia, those who are invited have more rights than those who are not. From a legal standpoint, guests can be categorized as:

• Invitees: An invitee is a person who has been invited onto property either directly by the occupier or the property owner, or indirectly through an inferred invitation made for the owner's advantage and for legal reasons. Customers of a restaurant or retail establishment, attendees of events and concerts, visitors to hotels and theme parks, tenants of office buildings, and occupants of apartment buildings and their guests are a few examples of invitees. The highest quality of care is owed by property owners to guests in order to safeguard them against dangerous situations and risks.

• Licensees: Someone who is allowed access to the property for personal gain—and not always for the advantage of the occupier or owner—is known as a licensee. Utility personnel, unannounced and unexpected house guests, party guests, and guests at rental properties are a few examples of licensees. Georgia law requires occupiers or property owners to take "reasonable care" to keep licensees safe while they are on the property; however, this threshold is less stringent than it is for invitees.

• Trespassers: Anybody who accesses the land without authorization is considered a trespasser. In addition to thieves and burglars, other types of trespassers include people who access construction sites after hours or go hunting on private property without the owner's consent. Though there are some exceptions, such as when the trespasser is a kid or when the property owner purposefully causes the trespasser injury in an unjustified fashion (such as using "death traps" or "booby traps"), the owner of the property is often not accountable for the injuries caused by the trespasser.

In addition to determining the visitor’s classification, you must clearly prove liability (or fault) in your premises liability claim by establishing that the following 4 elements of negligence are true by a “preponderance of evidence” (which means by more than 50 percent):

Duty: The level of care 1 party owes another is referred to as “duty” or “duty of care” in the legal world. The duty of a property owner or occupier depends, in large part, on the classification of the visitor, as discussed above (invitee, licensee, or trespasser).

Breach: Once you’ve determined what duty was owed, you must prove that the property owner or occupier “breached” or violated this duty of care

Causation: Next, you must establish that your injuries or damages resulted from the property owner’s breach of duty. Expert witnesses are often called in to help prove causation in premises liability cases.

Damages: Lastly, you need to show that you suffered real physical, mental, emotional, and/or financial harm from the property owner's breach of duty.

Georgia follows a modified comparative fault system, which means that your damages can be reduced or eliminated altogether if you are found to be partially or fully responsible for your injury. For example, if you sue a landowner for $100,000 but are found to be 40 percent liable, your final award would be reduced to $60,000. This legal principle is commonly brought up in premises liability cases since visitors have a legal duty to use reasonable care in protecting their health and safety.

For this reason, it's vital you consult with an experienced premises liability lawyer near you as soon as possible to talk about your potential case and get help starting the negotiation process.