Atlanta Premises Liability Lawyer

Premises liability claims can arise almost anywhere – whether you are at school or work, running errands, visiting friends, or exercising in a public park.

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Premises liability claims can arise almost anywhere – whether you are at school or work, running errands, visiting friends, or exercising in a public park. No matter where you go, you are on land owned by someone. The property may be yours. Or, it may be owned by another individual, a business, or a government entity. Whoever owns, rents, or manages the property is responsible for making sure it is safe for guests and customers. When the property is unsafe because there is a hidden or subtle defect and you’re harmed by said defect, the property owner and/or manager may be responsible for compensating you for your injuries. However, premises liability claims typically rise and fall upon highly technical details, such as the reason you were on the property at the time you were injured. You should never expect to receive a quick insurance settlement in a premises liability case. In fact, if you want to resolve your premises liability case for anything more than minimal value, you must be prepared to litigate your case for one or more years. Any attorney that tells you otherwise hasn’t handled any premises liability cases. You must work with a skilled Atlanta premises liability lawyer to receive the compensation that you deserve.

To learn more about how an Atlanta personal injury lawyer can help after you are injured on another person, business’s, or government’s property, contact Allen & Scofield Injury Lawyers, LLC at (404) 419-6674. You can also submit your information through our online form, and we will contact you as soon as possible to schedule your free, no-risk consultation.

Georgia Premises Liability Law

If you are injured on someone else’s property, then you should speak with a premises liability lawyer to discuss whether you have a cause of action under Georgia law. First, your lawyer should carefully review the factual circumstances of your case to determine your status on the property at the time you sustained injuries. Your status on the other person’s property impacts the duty the landowner owed you and, ultimately, your right to receive financial compensation for your injuries.

  • Invitees
    Under Georgia Code § 51-3-1, the owner or occupier of land owes an invitee the duty of ordinary care in keeping the premises safe. Your invitation can be either explicit or implied if you were there for a business purpose. For example, you are an invitee when you go to the grocery store while it is open for business or when you go to the doctor when you have an appointment.
  • Licensees
    Under GA Code § 51-3-2, if you are a licensee, then the landowner only owes you a duty to not willfully or wantonly cause you injury. You are a licensee if you are not a customer of the owner, and are only on the property for your own interests. Social guests are usually considered licensees.
  • Trespassers
    Based on GA Code § 51-3-3, property owners and occupiers do not owe you a duty of care at all if you are a trespasser. You are considered a trespasser if you do not have permission to be on the property, if there are “no trespassing signs,” or if you were asked to leave, and you remained anyway. However, Georgia acknowledges the concept of attractive nuisance, which provides different rules for child trespassers. If your child was hurt while playing on someone else’s property, contact a premises liability attorney immediately.

Once we determine your status on the property and explain the landowner or occupiers’ duty of care toward you, we will investigate the situation further to determine if the owner or occupier violated their responsibility, which is also known as being negligent.

The Open and Obvious Exception

When you bring a premises liability claim based in Georgia, the jury will evaluate whether you acted with ordinary care while you were on the property. Another way of stating it is that the jury will want to know whether you were being careless.

Acting with or without with ordinary care is frequently related to whether the property defect or hazard that caused your injuries was in plain sight or open and obvious. If a hazard was out in the open and would be obvious to the ordinary person, then you are expected to notice it and avoid it.

If you were injured by an open and obvious hazard, then you might not be able to recover compensation. The jury will typically evaluate whether you were 50% or more liable for your injuries. If the jury determines that you were, you won’t recover compensation. However, if the jury determines that you were 49% or less responsible for your injuries, you will usually recover some compensation; less responsibility equals more compensation.

Learn More About Allen & Scofield Injury Lawyers, LLC

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$2.5 million settlement for death of a construction worker on the job

$1.4 million settlement for a death resulting from a workplace accident

$250,000 settlement for a 70-year-old woman’s trip and fall at a bank

Common Premises Liability Cases

A premises liability claim can arise in many different situations. Every type of environment is unsafe under certain circumstances. A sidewalk may crack and crumble, a restaurant may have broken glass on the floor, and an apartment building may have loose stair treads. If the property owner doesn’t identify the hazard and correct it, it can cause serious injuries and accidents. Accidents often occur at or on:

  • Apartments
  • Parking Lots
  • Swimming Pools
  • Defective and Broken Stairs

At Allen & Scofield Injury Lawyers, LLC, we also commonly handle cases based on:

Whatever the situation is that led to your injuries, or the loss of a loved one, contact a premises liability attorney in Atlanta to discuss your rights and options.

Bringing a Premises Liability Case

If you were an invitee at the time you were hurt, and you’re considering whether to file a negligence claim against the property owner or occupier, then the premises liability elements you must prove are:

  • The defendant is the owner or occupier of the land;
  • You were an invitee;
  • The property owner or occupier owed you the duty of ordinary care;
  • The property owner or occupier failed to uphold its duty of ordinary care;
  • The breach of duty caused you harm; and
  • You suffered a compensable injury.

To discuss how to prove each of these elements in court, contact an Atlanta premises liability attorney at Allen & Scofield Injury Lawyers, LLC. We will conduct an in-depth investigation into your case and gather as much evidence as possible to support your claim. We will thoroughly review each piece of potential evidence to understand the strengths and weaknesses of your case and develop a comprehensive strategy to crush the property owner’s potential defenses.

Additionally, we will determine whether there is an applicable insurance policy that covers your injuries. Most businesses have a million-dollar or more insurance policy that covers bodily injuries. The key to maximizing the value of your case is to build a strong case at the earliest possible opportunity.

Premises Liability Compensation

If you were injured while acting as a customer or client on a business’s land, you may pursue compensation for:

  • Lost wages and diminished earning capacity
  • Past, present, and future medical costs
  • Pain and suffering
  • Permanent disability or disfigurement
  • Property damage

It’s challenging to calculate all your potential damages because not all your losses are economic. You may wonder how it’s possible to assign a value to your physical pain, mental anguish, and loss of quality of life. A veteran Atlanta premises liability lawyer can help you evaluate the value of your damages. At Allen & Scofield Injury Lawyers, LLC, we have over 33 years of experience representing injured individuals. We will utilize our experience and recent jury verdict research to determine an appropriate value for your non-economic injuries.

★★★★★
"Charles is an excellent trial attorney who possesses a unique talent to hone in on the significant issues and turn the Defendant’s strengths against them. Charles is as honest as the day is long and works tirelessly to ensure that his clients receive all that is possible. While no lawyer is perfect, Charles strives to be as good a lawyer as there is on this planet, and he succeeds!"
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Fatal Premise Liability Cases

If you lost a parent, spouse, or child on another person or business’s property, we can help you pursue a wrongful death claim. We will explain how we can secure compensation for you and your family, including:

  • Loss of companionship
  • Mental anguish
  • Loss of guidance and nurturing
  • Funeral and burial expenses
  • Loss of benefits

Contact a Premises Liability Law Firm for Help

After suffering an injury caused by a property owner’s carelessness, you are probably feeling overwhelmed. You are surely experiencing physical and emotional pain. You may feel anger and resentment towards the property owner. You may also feel depressed and anxious about your future. Let us take the weight of the world off of your shoulders. Don’t add additional stress to your life by attempting to negotiate your claim with a callous insurance adjuster that will only offer you minimal compensation to resolve your case.

At Allen & Scofield Injury Lawyers, LLC, we understand what you are going through right now. We have helped many individuals like you. We will use our decades of experience to successfully resolve your case so that you can rebuild your life.

We represent individuals Atlanta, Fulton County, DeKalb County, Clayton County, Gwinnett County, Cobb County, and throughout Georgia.

Contact us through our online form or call (404) 419-6674 to schedule a free, no-risk consultation.