Premises liability law in Georgia allows injured victims to hold property owners or occupiers accountable for any injuries that occur due to dangerous conditions. These laws apply to a wide range of incidents and accidents on almost any property type.
Working with a knowledgeable and experienced Atlanta premises liability lawyer is the best way to protect your rights and seek fair compensation. Premises liability law in Georgia can be complex, and having an attorney on your side may make it easier to build a compelling case against the liable party.
Understanding Georgia’s Premises Liability Law
Georgia’s premises liability law (O.C.G.A. § 51-3-1) aims to hold property owners and certain lessees responsible for ensuring their buildings and grounds are safe for visitors. Based on this law, property owners and occupiers must keep their properties free from dangerous conditions and prevent injuries when possible.
This law benefits:
- Licensees, such as social guests or those who deliver mail and packages
- Invitees, such as customers in a store
- Trespassers, only in very limited circumstances
To hold a property owner responsible for a hazardous condition, injury victims must show:
- The property owner or an employee knew about the hazard or should have reasonably known about it.
- The victim did not know about the hazard or could not have avoided it using ordinary care.
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Examples of Premises Liability Accidents in Georgia
Premises liability accidents can occur in many ways. Perhaps the most common is slip-and-fall injuries. However, almost any incident occurring due to negligence or poor maintenance could qualify. Some examples include:
- Trip and falls
- Slip and falls
- Swimming pool accidents
- Electrocution accidents
- Fires, burns, and scalds
- Elevator and escalator accidents
- Defective stairs
- Dog bite incidents
- Negligent or inadequate security
- Improper or negligent maintenance
- Ceiling collapse
- Porch or deck collapse
The best way to learn if you may have a case is to discuss your options with a premises liability attorney. Most personal injury law firms provide free consultations for victims hurt by a hazardous condition on someone else’s property.
What Damages Are Available in a Georgia Premises Liability Case?
The damages recoverable in a premises liability case depend on the severity of the victim’s injuries and the expenses and losses they incurred as a result. It is easy to settle for less than you deserve in these cases unless you have a strong understanding of your injuries, future effects, and costs.
Some common types of damages victims hurt in these incidents can recover through an insurance settlement or court award include:
- Current and future medical bills and related costs
- Current and future medical care and support costs
- Current and future lost income, including wages, commissions, tips, and more
- Diminished earning capacity due to permanent impairments
- Repair or replacement of damaged personal property
- Out-of-pocket expenses
- Pain and suffering, reduced enjoyment of life, emotional distress, mental anguish, and other intangible damages
What if My Loved One Died in a Georgia Premises Liability Accident?
Certain immediate family members can recover compensation after a loved one’s death under Georgia’s wrongful death act (O.C.G.A § 51-4). This statute allows the decedent’s spouse, children, and/or parents to recover money for the “full value of the life of the deceased.”
Some common types of damages recoverable in these cases include lost income and benefits, lost services, and lost companionship, counsel, and care. An action filed by the estate can pursue additional damages, including financial compensation for medical bills, funeral and burial costs, and the victim’s conscious pain and suffering before they passed away.
An Atlanta wrongful death lawyer can explain your rights and legal options after the death of your loved one. You do not have to try to navigate this process alone. Law firms generally provide free consultations and represent survivors based on contingency.
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How Can a Georgia Injury Lawyer Help Me Get a Fair Premises Liability Payout?
When you hire an Atlanta personal injury lawyer from our team to manage your premises liability case, you can count on us to:
- Communicate openly and honestly, answering questions and providing updates
- Manage all communication with the liable party and insurers
- Provide as much information as possible about your case and what to expect
- Represent your best interests from start to finish
- Investigate your premises liability accident
- Identify the liable party or parties
- Negotiate or litigate to recover fair compensation for you
While the evidence available in a premises liability claim can vary widely, our lawyers will identify, preserve, and analyze all relevant information. We will seek official reports, eyewitness statements, accident scene photos, video of the incident, and other key evidence to show what happened and who is legally liable. We can also call on experts and work with medical specialists to better illustrate the effect your injuries have on your life.
Per O.C.G.A. § 33-6-34, injury victims do not have to accept any offer from an insurance company if it does not provide a fair settlement. To this end, our premises liability attorneys can litigate your case when necessary. Under O.C.G.A § 9-3-33, we have up to two years from the date your injuries occurred to file a premises liability lawsuit against the at-fault party or parties.
Filing a lawsuit often spurs the property owner’s insurance company to increase the settlement offer. If not, we will prepare the case for trial and present our evidence to the judge and jury.
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Talk to Our Premises Liability Team About Your Injuries and Legal Options
Kaine Law provides a free consultation for premises liability injury victims in Georgia. If you or a loved one suffered injuries, our personal injury attorneys can help you understand premises liability law in Georgia and what it means for your case. Our lawyers offer a no-fee guarantee. You owe us nothing unless we recover money for you.
Contact us today to get started with your free initial consultation.
Call or text 404-214-2001 or complete a Free Case Evaluation form
