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Most Common Premises Liability Claims

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Posted By Legal Team | May 19 2023 | Premises Liability, Slip and Fall Accidents

According to Georgia’s liability law, a property owner holds a duty to invitees to the property to make a reasonable effort to ensure their safety. If they fail to act in a standard of care that another sensible person would have under the same circumstances, they may be held liable for damages. Commercial property owners must make a reasonable effort to keep their premises safe by identifying hazards and promptly addressing them with repairs, warning signs, or other temporary or permanent mitigation measures. If a property owner or manager fails to prevent a reasonably foreseeable accident due to a safety risk on their property, it’s an act of negligence and leaves them liable to pay for the economic and non-economic damages to the accident victim. Compensation for damages is typically paid through the property owner’s liability insurance. 

Common Premises Liability Claims in Georgia

Accidents happen when you least expect them, which is why we depend on property owners to take appropriate measures to prevent accidents as much as possible. Some of the following common premises liability claims our Atlanta slip and fall accident attorneys see are:

  • Slip-and-fall or trip-and-fall accidents
  • Falling merchandise or falling shelves
  • Dog bites
  • Balcony/deck collapse
  • Elevator accidents
  • Escalator accidents
  • Unsafe stairways
  • Accidents due to inadequate lighting
  • Swimming pool accidents and drownings
  • Safety negligence/inadequate security
  • Lack of maintenance on walkways or in parking lots

When an accident occurs as a result of negligence, the victim has a right to compensation for the resulting damages.

Proving Liability in Georgia Premises Accidents

When you’ve been hurt due to a property owner’s negligent caretaking, Georgia’s at-fault insurance laws compel the liable party to provide compensation. A successful premises liability claim requires the plaintiff in the case to show by a preponderance of the evidence the following points of liability for the party at fault:

  • That the property owner/manager owed a duty of care to you and others on the property to take reasonable measures to prevent safety hazards
  • That the at-fault party breached this duty through an act of negligence
  • That the negligence directly caused your accident
  • That you’ve sustained significant damages from the accident including medical expenses and pain and suffering.

Once an Atlanta premises liability attorney investigates a premises liability accident and proves the points of liability on the part of a manager or property owner, they can draft a compelling demand letter to the appropriate insurance company and maximize your chance of recovering full compensation for your damages.

What Damages Can I Recover From a Premises Liability Claim?

Sudden, unexpected injuries can quickly become costly, according to our team of workplace accident attorneys in Atlanta. Even minor injuries take time away from work during recovery, and serious injuries can be life-altering. By filing a claim against a liable property owner or manager, you can recover compensation for the following damages:

  • Medical expenses and future medical costs if you require further treatment or ongoing care
  • Lost income and any estimated further lost income 
  • Compensation for reduced earning ability if your accident caused partial or total disability
  • Pain and suffering

When you’ve been injured in a preventable accident due to the negligence of a property owner in Georgia, an experienced Atlanta premises liability lawyer can help fight for your rights to full compensation for the harm caused to you both physically and financially.

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