When you suffer an injury on someone else’s property, you may have to undergo surgery or other medical treatments, not to mention a stack of medical bills. These can be time-consuming and may take you away from work. You may be wondering whether you will be responsible for all the expenses.
An Alpharetta premises liability lawyer could help you or your loved one who has been involved in an accident on another’s property. An experienced personal injury attorney could appreciate the uphill battle you face, evaluate your case, and help you hold the wrongdoer accountable. Through an insurance claim or via a personal injury lawsuit for damages, a lawyer could assist you in seeking the compensation you may be entitled to under the law.
Alpharetta premises liability action usually focuses on a legal theory known as negligence. A property owner or manager can be liable for negligence when they fail to maintain or warn visitors about hazards on their property that cause injury. Common types of premises liability cases include injuries stemming from:
There are three classes of visitors to whom landowners owe duties under state law. Georgia Code §51-3-1 provides that an owner must keep invitees, people on their property by express or implicit invitation for lawful purposes, from harm. A plaintiff will prevail in a civil lawsuit for damages if they can show that the landowner failed to exercise ordinary care by allowing a dangerous condition to persist on their premises, and invitee did not know of the hazardous condition.
Legal questions such as whether the landowner knew or should have known about the hazardous condition can doom a plaintiff’s case. An experienced attorney could help the claimant by using the evidence to present a strategic case that avoids such pitfalls.
The second class of visitors is licensees. Under Ga. Code §51-3-2, this person is neither a customer, client, or trespasser, and has no contractual relationship with the landowner, and is allowed on the property for their own interests or gratification.
A landowner must ensure against wanton or willful injury to licensees. For example, if a licensee, perhaps a sub-contractor, enters a construction site and is injured by a construction hazard that violates the building code, the landowner is presumed to have notice of the danger and may be held liable for the resultant injuries.
The third category of visitors is trespassers. Trespassers are people who, though possibly peaceable, enter land wrongfully, or without the owner’s permission. Generally, a landowner owes no duty to trespassers other than not setting booby traps and to avoiding willful or reckless injury.
Injuries vary greatly depending on the reason for them; however, they can include broken bones, head trauma, back trauma, and torn muscles. Slip and fall injuries on slippery, wet, or icy surfaces can cause these injuries, as can assorted falling objects like gutters or other roofing debris. Burn injuries and electrocutions can occur from unsafe electrical features, such as hanging live wires. If the unsafe premises are due to dangerous canines, injuries can include scratches, puncture wounds, and even organ damage. Wounds can also become infected and might require amputation without immediate medical attention. Following an accident, it is best to speak to a local premises liability attorney to determine the next steps to take.
Property owners who do not fix or correct dangerous premises but erect signage are generally not liable for invitee or licensee injuries. By putting up signage detailing the unsafe area, they absolve themselves from liability if the plaintiff ignores the warning. The plaintiff had reason to believe the premises were unsafe because of the warning sign, but risked injuries anyway. They subsequently cannot request damages with an attorney’s assistance unless they can prove the sign did not exist at the time of the accident. Photos of the scene usually suffice in this case. Plaintiffs can also ask for damages if they can prove the sign was unclear or not visible from various angles.
Your injuries may keep you from enjoying a normal life, going to work, and being a contributing member of your family. An attorney could appreciate that getting back on track can be a full-time job itself.
Though nothing can turn back the hands of time, legal counsel could help you seek recovery of costs such as medical expenditures, lost income, and compensation for your pain and suffering. Reach out to an Alpharetta premises liability lawyer today to get started on your case.