Atlanta Premises Liability Attorney
Are you a victim of a slip and fall accident or any other premises-related injury in Atlanta? Seek justice and the compensation you deserve with the help of an experienced Atlanta premises liability attorney. At Sawyer Injury Law, we understand the physical, emotional, and financial toll that such incidents can take on your life. Our premises liability lawyers are here to fight for your rights and hold negligent property owners accountable.
With our extensive knowledge of premises liability laws in Atlanta, we have successfully represented numerous clients in their pursuit of justice. Don’t suffer in silence – take action today.
Types of Premises Liability Accidents
Premises liability accidents can occur in various settings, and understanding the different types is crucial in determining liability and seeking appropriate compensation.
Here are some common types of premises liability accidents:
- Slip and Fall Accidents: These occur when a person slips or trips in a hazardous condition, such as wet floors, uneven surfaces, or poorly maintained walkways.
- Trip and Fall Accidents: Similar to slip and fall accidents, trip and fall accidents happen when a person trips over an object or an obstacle on the premises, such as loose cables, debris, or broken pavement.
- Falling Object Injuries: When objects are improperly secured or stacked, they can fall and cause serious harm to visitors or employees.
- Negligent Security Incidents: If a property owner fails to provide adequate security measures, resulting in assaults, robberies, or other criminal acts, they may be held liable for the injuries sustained by visitors or tenants.
- Elevator and Escalator Accidents: Malfunctioning elevators or escalators can lead to serious injuries, such as entrapment, sudden stops, or mechanical failures.
- Swimming Pool Accidents: Inadequate safety measures, lack of supervision, or poorly maintained pool areas can result in drowning, near-drowning incidents, or slip and fall accidents near the pool.
- Dog Bites: When a dog owner fails to control or restrain their pet properly, resulting in an attack or bite, they may be held liable for the injuries caused.
If you have been injured in any of these types of accidents, it is essential to consult an experienced premises liability attorney to evaluate your case and determine your legal options.
Elements to Establish in Personal Injury Cases
Proving premises liability cases can be a complex task, as several factors come into play. While some cases may appear straightforward at first glance, further examination often reveals additional intricacies that need careful consideration.
Premises liability cases require establishing the following elements to build a solid claim:
- Duty of Care: It must be shown that the property owner or occupier had a legal duty to ensure the safety of visitors or occupants on their premises.
- Breach of Duty: It must be demonstrated that the property owner or occupier failed to uphold their duty of care by creating a hazardous condition or failing to promptly address existing dangers.
- Causation: It must be proven that the hazardous condition directly caused the accident and resulting injuries.
- Damages: The injured party must provide evidence of the physical, emotional, or financial damages suffered as a direct result of the accident.
Fortunately, attorney Norman Sawyer has a great deal of experience handling premises liability lawsuits as both a plaintiff’s lawyer representing the injured person and an insurance company defense lawyer traveling across the country to defend businesses, property owners, government agencies, and the state of Georgia.
Sawyer knows slip and fall cases from every angle and can help you prove your premises liability case and recover a personal injury settlement to compensate you for your injuries as fully as possible. If you’ve been hurt due to the negligence of a property owner, an Atlanta slip and fall lawyer from Sawyer Injury Law can help.
What Is the Duty of Property Owners to Prevent a Slip and Fall?
Property owners are generally obliged to keep their premises in a reasonably safe condition. What this means strictly depends on the nature of the person on the premises. Georgia premises liability law classifies people on the premises as invitees, licensees, or trespassers, and property owners have a different duty toward people in these other classes.
The property owner invited this person to the premises for the property owner’s benefit. The most obvious example of an invitee is a customer at a grocery store, restaurant, retail department store, or other business establishment.
According to Georgia law, property owners must exercise ordinary care to keep their premises safe for invitees. This generally means that property owners and managers must make periodic inspections of their property and promptly fix any defect they discover or put up a warning until the hazard can be improved. This includes temporary hazards such as food or drink spills or merchandise on the floor, creating a tripping hazard.
Property owners are liable for any accidents that occur because of a danger they knew about or should have known about but failed to correct reasonably.
A licensee can enter the property to perform some service, not necessarily for the owner’s benefit. Delivery people, salespeople, repair people, meter readers, and mail carriers are examples of licensees. Georgia law for licensees says that the premises owner is liable only for a willful or wanton injury. This would require the owner to warn or fix any known dangers but not necessarily have to inspect the property for hidden dangers.
A trespasser is someone who does not have a lawful right to be on the property. Trespassers include people on the premises when the business is closed or on private property without permission. Property owners don’t owe a duty of care toward trespassers to fix or warn about known dangers, but they can’t intentionally create hazards to harm trespassers.
Conditions That Give Rise to Premises Liability Claims
These are some examples of dangerous conditions that can cause fall accidents:
- Drink spills
- Icy, wet, or snowy entrances
- Merchandise on the floor
- Power cords on the floor
- Objects falling from shelves
- Condensation leaking or pooling around refrigerated cases or air conditioning units
- Broken steps
- Broken, missing, or loose handrails
- Torn carpet
- Cracked or broken floor tiles
- Unmarked steps
- Misaligned elevators
- Escalator accidents
When the premises are poorly maintained, it can lead to hazardous situations for visitors like yourself. Dealing with the consequences of someone else’s negligence shouldn’t be your burden. Contact an Atlanta premises liability attorney from our firm so we can review your case and discuss your legal options.
What Makes Slip and Fall Cases Hard to Prove Against a Property Owner?
It would be a shame if a building owner escaped responsibility despite knowing about potential hazards on their property and neglecting to warn visitors. Most premises liability cases are usually straightforward and fall under tort law. However, there are times when slip-and-fall accidents demand extra effort from an Atlanta personal injury attorney.
So, here are some situations where a slip and fall case might require the help of an experienced lawyer:
Difficulty in Showing the Business Owner Knew
Quite often, the danger that caused the slip and fall was a temporary (transitory) foreign substance, such as a food or drink spill on someone else’s property. Another customer might have caused the spill, and the property owner is unaware of it.
The questions then become: When did the spill happen? Was the spill present for an unreasonably long time before the slip and fall occurred? How long is too long?
Proving the property owner was negligent in this instance requires gathering a variety of evidence from different sources and often using investigators and industry experts to answer these questions. Inadequate building security may make this more difficult.
Longstanding Premises Defective Conditions
In contrast, sometimes, the danger is not a temporary or hard-to-see hazard like a clear liquid spill but a structural defect that has been around a long time, such as a crack in the pavement. In these cases, property owners likely allege that the injury victim was negligent in not noticing and avoiding the danger, which is called contributory negligence.
Arguments like these can lower the damages the defendant owes or even relieve them of liability altogether if it is believed the injury victim was 50% or more at fault.
The Injury Suffered May Not Immediately Appear as a Serious Injury
Slip and fall cases often result in soft tissue injuries, such as strains and sprains in muscles, tendons, or ligaments. These types of injuries cannot be seen on x-rays or other diagnostic tools, but they can be incredibly painful, debilitating, and significantly impact your daily life. Unfortunately, the defendant’s insurance company may try to downplay your injuries by arguing that they are exaggerated, non-existent, or preexisting conditions unrelated to the slip and fall incident.
Unlike cases with noticeable injuries like fractures or lacerations, it becomes challenging to prove the full extent of damages for these less visible injuries. This is where the experience of Sawyer Injury Law in handling premises liability cases, including jury trials, becomes particularly valuable. Our team understands the complexities involved in these cases and can effectively fight for the compensation that reflects the true value of your claim. Don’t let the invisible nature of your injuries discourage you – contact us today to ensure your rights are protected.
Contact an Atlanta Premises Liability Lawyer
If you have been injured due to a premises liability accident in Atlanta, don’t face the aftermath alone. The experienced team at Sawyer Injury Law is here to support you every step of the way. We understand the physical, emotional, and financial toll that these accidents can have on your life, and we are committed to fighting for your rights.
Our Atlanta premises liability attorneys have a deep understanding of the complexities of premises liability law and a proven track record of securing fair compensation for our clients. We will diligently investigate your case, gather evidence, and build a strong legal strategy tailored to your unique situation.
Don’t let negligence go unpunished. Take action today by contacting Sawyer Injury Law for a free consultation. Let us be your voice and guide you toward the justice and compensation you deserve. Remember, time is of the essence, so reach out to us now and let us help you on the path to recovery.