No one expects to suffer injuries while shopping for their family’s groceries or visiting a friend at their home.
Unfortunately, these accidents happen every day. Injuries vary in severity, but almost all cause some disruption to your daily life.
You may be out of work or facing a long road to physical recovery.
If you got hurt on someone else’s property, you may be entitled to compensation from the owner.
However, establishing the elements of a premises liability claim in Georgia is only possible with the help of a qualified attorney. Read on to learn about premises liability cases and what you may be entitled to recover in financial relief.Â
Get in touch with us online or call (770) 988-5252 today for a free consultation.
What Is Premises Liability?
Premises liability encompasses an area of personal injury law related to hazardous property situations. Incidents falling under premises liability occur inside buildings or outside on property grounds.
The most common examples of premises liability cases include the following:
- Slip and fall accidents,
- Elevator and escalator accidents,
- Falling objects,
- Violent crime,
- Fires,
- Swimming pool accidents,
- Dog bites,
- Construction site negligence, and
- Parking lot accidents.
This list is not exhaustive of situations that may fall under a premises liability claim. If you believe a property owner’s negligence caused your injuries, speak to an attorney today.
Elements of a Successful Premises Liability Claim in Georgia
A successful premises liability claim has four elements established using evidence gathered by your attorney.
Duty
You must first prove that the defendant owed you a duty of care. An owner or occupier’s duty to you depends on your classification when the incident occurred.
These classifications include:Â
- Invitees. A person who is directly or indirectly invited onto a premises is an invitee.
- Licensees. Licensees enter premises for their own purposes. Examples include salespeople or other solicitors.
- Trespassers. A person who enters the premises of another without permission is a trespasser.
Proving your classification when the accident occurred is vital to your claim as it provides a reason for being on the property and the level of care the owner owed you.
Breach
Once you establish a duty of care, you must show the owner or occupier breached this duty.
Determining what duty an owner owed a victim also depends on their classification during the accident.Â
- Invitees. Property owners and occupiers, or invitees, have the highest duty of care to warn of any hazards on the property to prevent injuries.
- Licensees. While an owner still owes a duty to these individuals, the duty only extends to injuries caused by willful or reckless negligence.
- Trespassers. Property owners and occupiers do not owe trespassers a duty of care and are not liable for any injuries suffered on the premises.
Your attorney analyzes the details of your case to establish the owner’s liability for causing your injuries.
Causation
Any injuries suffered by the victim must have directly resulted from the owner’s negligence. For example, slipping and falling on a wet floor with an inadequate warning resulted in physical injuries.
Damages
A victim must have suffered injuries due to the breach. An example of damages would be a victim suffering injuries that prevented them from working and forced them to incur medical expenses needed for their recovery.
When these elements are established, negligence in premises liability claims is successfully proven, bringing injured victims closer to the compensation they need and deserve.
What Can I Recover in Compensation?
Victims injured in premises liability lawsuits recover compensatory general and special damages. General damages represent tangible losses directly resulting from the accident.
Common examples include:Â
- Medical expenses,
- Lost wages,
- Loss of future earnings, and
- Property damage.
Your attorney gathers evidence, including invoices, receipts, medical records, and similar documentation. This evidence assists your attorney not only in supporting your demand for these economic losses but also in calculating their value.
Special damages include subjective losses related to the pain and suffering caused by a victim’s injuries.
Examples of special damages include the following:Â
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Loss of consortium,
- Permanent disability or injury, and
- Disfigurement.
The toll a physical injury has on a victim often extends further than the injury itself. These intangible losses significantly interfere with a person’s ability to participate in the same activities they used to enjoy and engage with friends, family, and colleagues in the same way before their accident. Recovering special damages assists a victim in gaining back some semblance of the life they had before their injuries.
Contact Us
At MG Law, we understand that it is difficult to resume life as usual following an accident. You may face mounting medical expenses and an inability to work. Understandably, you may have questions regarding compensation and justice for your injuries. At MG Law, we provide clients with the highest caliber legal representation when they need it most. Our team of experienced, hardworking attorneys has the answers.
Our firm works hard to be leaders in the courtroom and to provide you with the best service and outcome in your case. We focus exclusively on personal injury matters and are ready to help you.
Contact us online or call (770) 988-5252 today for a free consultation.
Amer Ahmad is a trial lawyer at MG Law. He represents seriously injured clients who are going through some of the most difficult moments of their lives. Amer’s practice includes representing families in wrongful death cases and individuals seriously injured by motor vehicle accidents, negligently maintained premises, and defective products. As a former insurance attorney who knows the insurance companies’ playbook, he helps MG Law clients even the playing field and avoid insurance tricks. Due to his experience and results, Amer has been named a Georgia Rising Star by Super Lawyers and Atlanta Magazine from 2019 until 2024. Only 2.5% of all lawyers in Georgia are selected as Rising Stars.