Georgia property owners have an obligation to maintain their premises and keep them free from hazards, so that lawful visitors are not at risk of injury. When their failure to do so results in injuries, they can be held responsible for the consequences, such as the accident victim’s expensive medical bills, lost wages, and long-term emotional distress.
If you’ve been hurt by unsafe conditions on another person’s property, the Georgia premises liability lawyers at Bayuk Pratt want to help you through this ordeal. Frank Bayuk and Bradley Pratt, our founding attorneys, are former partners for some of the nation’s top defense firms. They know all the tactics insurance companies use to avoid liability and deny people the money they need to rebuild their lives. We use this knowledge and our extensive resources to fight back and build a compelling premises liability case for accident victims – without ever charging any upfront fees to get started.
If you’re ready to assert your right to compensation, call Bayuk Pratt today or complete our contact form. You’ll get a free, no-obligation consultation with a premises liability lawyer in Georgia. We look forward to meeting you, hearing your story, and working to get the compensation and accountability you deserve.
Why You Should Hire a Georgia Premises Liability Attorney
Hiring a Georgia premises liability attorney from Bayuk Pratt can significantly improve your chances of a successful personal injury claim. Our premises liability attorneys have deep knowledge of Georgia’s laws regarding property safety. We know what evidence you need to prove negligence, such as inadequate maintenance or failure to warn you of possible dangers on the grounds. Our law firm will manage the legal procedures while protecting your legal rights, giving you the time you need to focus on healing.
As former defense lawyers, we also understand the tactics that that insurance companies will use to fight a premises liability claim. Our keen insight into their approach helps us anticipate and counter these strategies effectively in our quest of a successful settlement.
What’s more, we won’t charge you a fee unless we win your case first. We know that money’s usually tight following an accident and that you might be worried about the expense of retaining our services. Don’t let these unfounded concerns stop you from getting the help you need during this difficult time.
What Kinds of Damages Can I Pursue in a Premises Liability Case?
If a property owner caused your injuries, they could owe you premises liability compensation for your:
- Medical Expenses – You can claim compensation for all medical treatments related to your injuries, including for surgeries, hospital stays, medications, and physical therapy.
- Lost Wages – If your injuries have kept you from working, you can seek damages for lost wages from time off work. If your injuries impact your ability to work in the future, you can also demand compensation for your lost earning capacity.
- Pain and Suffering – Compensation for pain and suffering accounts for the physical pain and emotional distress you’ve endured because of the accident. These subjective losses may account for a significant portion of your overall claim.
- Loss of Enjoyment of Life – If your injuries prevent you from enjoying daily activities or hobbies you once participated in, you can seek damages for loss of enjoyment of life.
Who Is Responsible for an Injury in a Premises Liability Case?
Georgia law holds that property owners are responsible for keeping their premises safe for visitors. This is known as the duty of care. However, the specific responsibility depends on their relationship to the visitor. Visitors fall into one of the following three categories when they enter someone else’s property:
- Invitees – Invitees are people who enter a property for business purposes or as members of the public. This group includes customers in a store or patrons of a restaurant. Property owners owe the highest level of care to invitees. They must regularly inspect the property, fix any hazards, and warn invitees of potential dangers.
- Licensees – People who enter a property for their own purposes but with the owner’s permission are licensees. This category includes social guests. Property owners owe a moderate level of care to licensees. They must address known hazards and warn licensees about any potential dangers that are not obvious. However, where licensees are concerned, owners are typically not responsible for hazards of which they were unaware.
- Trespassers – Anyone who enters someone else’s property without the owner’s permission is a trespasser. Property owners owe the lowest level of care to trespassers. In general, they must refrain from willfully or wantonly causing harm to trespassers. However, property owners may be liable for “attractive nuisances” that draw children who would otherwise be considered trespassers, such as pools or trampolines.
Property owners are not the only ones who may be liable for a premises liability accident. Depending on how the accident happened, other parties who could be liable include:
- Tenants or Occupiers – Sometimes, tenants or business owners who occupy a property can be liable for injuries. If they control the area where the accident happened, they might be responsible for keeping it safe and warning visitors of any dangers.
- Property Managers – Property management companies or individuals responsible for the upkeep and maintenance of a property can also be liable. If they fail to perform regular inspections or neglect necessary repairs, they could be held accountable for resulting injuries.
- Maintenance Companies – Companies hired to maintain or repair the property can be liable if their work is substandard or if they neglect their duties.
How Long Do I Have to File a Premises Liability Lawsuit in Georgia?
The standard deadline to file a premises liability lawsuit in Georgia is two years from the date of the accident. If you miss this deadline, the courts will most likely dismiss your case as untimely filed, leaving you without any way to recover compensation for your injuries.
However, there are some cases where you might have less than two years to take legal action. For example, if your injuries happened on public property, you might have to file a notice with the relevant government agency, with timelines depending on the particular government in question. Speak with an attorney from Bayuk Pratt as soon as possible to avoid missing any vital deadlines.
What Are Common Types of Premises Liability?
Premises liability laws cover various types of incidents that can occur because of a property owner or occupier’s negligence. Here are some common types of premises liability cases:
- Slip-and-Falls – These accidents happen when a visitor slips, trips, or falls due to hazards like wet floors, loose rugs, or uneven surfaces.
- Dog Bites – Property owners can be liable if their dog bites someone on their property. They may have an obligation to ensure the dog is properly restrained and to warn visitors about the animal’s presence.
- Uneven Pavement – Cracks, potholes, or uneven paths are tripping hazards that can cause severe injuries. Property owners must maintain walkways and repair any uneven areas to prevent these accidents.
- Negligent Security – Inadequate security measures can lead to crimes like theft and assault. Property owners must provide proper lighting, security cameras, and locks to protect visitors and tenants.
- Assault – Property owners can be liable if they fail to prevent assaults that occur due to known security issues. This includes ensuring safe environments in places like parking lots, hotels, and apartment complexes.
- Falling Objects – Items falling from shelves or fixtures can cause injuries. Property owners should secure objects and store heavy items on lower shelves to avoid accidents.
- Swimming Pool Accidents – Drownings and other pool-related injuries can occur if property owners do not maintain pool safety, such as proper fencing, signage, and supervision.
What Are Common Places Where Premises Liability Accidents Occur?
Premises liability claims often stem from accidents that occur in the following locations:
- Hotels
- Bar and clubs
- Restaurants
- Theme parks
- Swimming pools
- Apartment complexes
- Grocery stores and other “big box” stores
- Office buildings
- Parking lots and garages
- Public parks
- Sidewalks
- Sports arenas and stadiums
What Are Common Injuries Someone Can Sustain in a Premises Liability Accident?
Premises liability accidents can result in various injuries, some of which can be debilitating. Here are some common injuries people sustain in these types of accidents:
- Broken bones
- Sprains and strains
- Head injuries and concussions
- Cuts and lacerations
- Bruises and contusions
- Burns
- Spinal cord injuries
- Electrocution injuries
- Dog bite wounds
- Drowning