Barrow County Premise Liability Attorney

Premises liability refers to a legal concept that typically arises in personal injury cases where the injury was due to some type of unsafe or defective condition on someone's property. In essence, it holds property owners and residents liable for accidents and injuries that occur on their property. 

The following factors can determine the extent of this liability:

• Condition of the property: The property owner may be responsible if the property had an unsafe or defective condition that caused the injury.
• Actions of the visitor and owner: The actions of both the visitor and the property owner at the time of the accident play vital roles in determining premises liability. The owner may not be liable if the visitor's carelessness contributed to the accident.
• Knowledge of the property owner: If the owner knew or should have known about the dangerous condition, they may be held liable for injuries caused by the condition.

In premise liability cases, the plaintiff must prove that the property owner was negligent with respect to ownership and/or maintenance of the property. Comprehensive knowledge of these factors is crucial in obtaining fair compensation in premise liability cases, and our firm at Mitchell & Crunk Law Firm can be instrumental in this endeavor.

Who Can File a Premises Liability Claim?

In Georgia, anyone who is legally present on a property has the potential to file a premises liability claim if they are injured due to unsafe conditions. However, the specifics of the claim may depend on your status on the property at the time of the injury. There are three primary categories of visitors:

• Invitees: These are people invited onto the property for business purposes, such as customers in a store. Property owners owe invitees the highest duty of care, meaning they must ensure the property is free from any hazards and promptly fix or warn of any dangers.
• Licensees: These are individuals who enter the property for their own purposes, with the property owner's permission (e.g., social guests). Property owners owe licensees a lesser duty of care, but they must still warn of any known hazards or dangerous conditions.

Understanding your legal status when injured on someone else’s property is crucial. Our Barrow County premises liability lawyers can assess your case, determine your visitor status, and advise you on how best to proceed with a claim.

What are Common Causes of Premises Liability Accidents?

There are many different hazards that can contribute to premises liability accidents. Some of the most common causes include:

• Wet Floors
• Poor Lighting
• Uneven Pavement or Flooring
• Falling Objects
• Inadequate Maintenance of Equipment
• Animals

How to Prove Liability in a Premises Liability Case?

To succeed in a premises liability case, there are several key elements that must be proven:

• Duty of Care: The property owner must have a legal duty to maintain a safe environment for visitors. This duty may vary depending on the visitor's status (invitee, licensee, or trespasser).
• Breach of Duty: The property owner must have failed to maintain the property in a safe condition. This could include neglecting to fix hazardous conditions or failing to warn visitors about dangers.
• Causation: You must show that the property owner’s negligence directly caused your injuries. This requires linking the hazardous condition to the accident and demonstrating that it was the primary cause of your injury.
• Damages: You must prove that you suffered actual harm as a result of the injury. This could include medical expenses, lost wages, pain and suffering, and other damages.

The burden of proof in a premises liability case lies with the injured party, and the complexity of proving negligence makes it essential to have a skilled Barrow County premises liability attorney on your side.

What Compensations are Available in a Premises Liability Case?

If your premises liability case is successful, you may be entitled to a variety of damages. Common forms of compensation include:

• Medical Expenses: This can include costs for emergency treatment, hospitalization, surgery, rehabilitation, and ongoing medical care.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income, both past and future.
• Pain and Suffering: You can seek compensation for the physical pain and emotional suffering caused by your injuries.
• Property Damage: If any of your personal property was damaged in the accident, you may be able to recover the value of that property.
• Punitive Damages: In rare cases, punitive damages may be awarded if the property owner’s actions were especially egregious, such as in cases of gross negligence or intentional misconduct.

Our Barrow County premises liability lawyers work tirelessly to help you recover the maximum compensation possible for your injuries.