Atlanta Premises Liability Lawyer

When you set foot on someone else’s property, there’s an unspoken agreement that the premises will be safe. If you’re injured due to the owner’s negligence, the impact is more than physical—it disrupts your life. 

At Deming Parker, we understand the stakes. As experts in premises liability law, we’re not just focused on winning your case; we’re committed to helping you reclaim your life by securing the full compensation you’re legally entitled to.

Our Atlanta Premises Liability Lawyers Are Here to Help You Hold the Guilty Accountable

We’re here to help you understand whether you have a premises liability case and, if so, how to hold the responsible parties accountable. Our team dives deep into the specifics of your situation, ensuring that every angle is examined for your best chance at rightful compensation.

Do You Have a Premises Liability Case?

Under Georgia Code Section 51-3-1, property owners have a duty of owner or occupier of land to invitee, meaning they must make a reasonable effort to keep their premises safe for lawful visitors. The law extends this duty to not just the property itself but also its approaches, such as entries and pathways.

To establish a premises liability case in Georgia, you must prove four key elements:

1. Existence of a standard of care: The responsibility may lie not just with property owners but also with managers or lessees who have control over the property conditions.
2. Breach of standard of care: You must demonstrate that your injuries resulted directly from the defendant’s negligence in maintaining safe conditions.
3. Sustained damages: There must be sufficient evidence to show that you have incurred damages, be it medical expenses or emotional suffering.
4. Causation: It must be proven that the defendant’s negligence was the direct cause of your injuries.

If you believe you’ve been a victim of premises negligence, it’s crucial to consult with experienced legal professionals like us at Deming Parker to evaluate your case meticulously.

Common Injuries Related to Premises Liability Cases

The scope of injuries one can sustain in a premises liability case is vast, ranging from minor abrasions to severe, life-altering conditions. Some of the most frequently encountered injuries in premises liability cases include:

• Slip and fall injuries
• Dog bites
• Electrical shocks
• Burns
• Wrongful death, in the worst cases.

The severity of these injuries not only dictates the course of your medical treatment but also plays a significant role in the amount of compensation you may be entitled to. Our job will be to assess the damages you can sustain to cover as much compensation as possible.

Damages You Can Claim in Atlanta

When it comes to premises liability cases, the concept of damages extends well beyond the realm of medical expenses.

We adopt a comprehensive approach to calculating damages, ensuring that you are adequately compensated for both economic and non-economic losses.

Economic Damages

These are the tangible, quantifiable financial losses you’ve incurred as a direct result of your injury. This category includes medical expenses, rehabilitation costs, and lost wages.

Our attorneys employ a meticulous approach to documenting these expenses, leaving no stone unturned in ensuring that every financial loss is accounted for in your claim.

Non-Economic Damages

These damages, while more subjective, are no less real. They pertain to the emotional and psychological toll that your injuries have taken on your life. This could include pain and suffering, emotional distress, and even the loss of enjoyment of life.

While these damages are inherently difficult to quantify, our legal team employs specialized methodologies to arrive at a fair and just compensation value.

Punitive Damages

In instances where the property owner’s negligence borders on the egregious, Georgia law allows for the awarding of punitive damages. These are designed not just to compensate the victim but to serve as a deterrent, discouraging the defendant and others from engaging in similar conduct in the future.

The Process of Claiming Compensation for Your Injuries in Atlanta

From gathering evidence and filing the necessary legal documents to negotiating with insurance companies, each step is crucial to the outcome of your case:

Gathering Evidence

One of the first steps in building a strong premises liability case is gathering evidence. This could include photographs of the hazardous condition, medical records, and witness statements. Our legal team specializes in evidence collection, ensuring that your case is built on a solid foundation.

Legal Documentation

Filing the appropriate legal documents is a critical step in the claims process. This could include the initial complaint, responses to motions, and other court filings. Our attorneys ensure that each document is meticulously prepared and filed within the stipulated timelines.

Negotiating with Insurance Companies

Insurance companies are notorious for offering lowball settlements. At Deming Parker, we are skilled negotiators who know how to counter these tactics, ensuring that you receive a settlement that is commensurate with your injuries and losses.

Who Is Responsible for an Injury in a Premises Liability Case?

When you suffer an injury on someone else’s property, identifying the responsible party is essential for pursuing your claim effectively. Georgia Code Section 51-3-1 mandates that property owners must ensure their premises are safe for lawful visitors. However, responsibility in a premises liability case can extend beyond the property owner to other parties involved in the property’s maintenance and management:

• Property owners: They have the primary duty to maintain safe conditions on their premises to prevent injuries.
• Property managers: If a property manager is employed to oversee the property, they share the responsibility of ensuring safety standards are met.
• Tenants: In rental properties, tenants might be liable for accidents that occur within areas under their control and responsibility.
• Contractors: If your injury results from ongoing construction or maintenance work, the contractors involved could be held liable.
• Employers: In cases of job-related accidents, employers are responsible for maintaining a safe working environment for their employees.

In our process, determining the liable party or parties is a critical step in building a strong premises liability case, ensuring you pursue compensation from the correct sources.

What If the Injury Happened in a Friend or Neighbor’s Home?

Injuries that occur in the home of a friend or neighbor can complicate a premises liability claim, primarily due to personal relationships and the nature of homeowner’s insurance. If you are injured in such a situation, the claim process typically involves the homeowner’s insurance policy, which can provide coverage for injuries sustained on the property.

Firstly, it’s important to inform your friend or neighbor about the injury and seek immediate medical attention. Homeowner’s insurance policies usually include liability coverage that can cover medical expenses and other damages. Filing a claim does not necessarily mean you are suing your friend or neighbor; rather, you are seeking compensation through their insurance policy.

It’s also crucial to document the circumstances of the injury, including photographs of the hazard, medical reports, and witness statements. This documentation will support your claim and help ensure that you receive fair compensation without causing undue strain on your personal relationships.

Types of Premises Liability Cases

Premises liability cases include many types of scenarios where property owners fail to maintain safe conditions, leading to injuries. In our experience, these are the most common:

Slip and Fall Accidents

Slip and fall accidents are among the most common premises liability claims, often resulting from wet floors, uneven surfaces, or poorly maintained walkways.

Inadequate Security

Injuries resulting from assaults or other criminal activities can occur when property owners fail to provide adequate security measures, such as proper lighting and security personnel.

Poor Maintenance

Property owners are responsible for regular maintenance to prevent hazardous conditions, such as broken stairs, malfunctioning elevators, or faulty wiring, which can lead to severe injuries.

Dog Bites

Owners can be held liable for injuries caused by their pets if they fail to control or restrain them properly.

Swimming Pool Accidents

Swimming pool accidents often result from inadequate supervision, lack of safety barriers, or poor maintenance, leading to drownings or other serious injuries.

Whether your injury occurred on a commercial property, a public space, or even a friend’s home, determining liability and navigating the legal process requires expertise. At Deming Parker, we have a proven track record of securing significant settlements for our clients, and we invite you to discuss your case with us and explore case results that might relate to your situation.

What is the statute of limitations for premises liability in Georgia?

Maximizing Your Recovery: Our Premises Liability Attorneys Will Help You Secure Fair Compensation

At Deming Parker, we don’t just aim to win your case; we strive to maximize your recovery.

Our attorneys will calculate the full scope of your damages, ensuring that no aspect of your suffering goes uncompensated. Whether it’s negotiating a higher settlement or pushing for additional damages in court, our legal team is committed to getting you the best possible outcome.

If you or a loved one has been injured on someone else’s property, don’t hesitate to contact us for a free consultation. Our Atlanta premises liability lawyers are here to help you every step of the way.