Every property owner has a duty to ensure their premises are safe for visitors. If they fail to honor this duty and you get hurt, you may be eligible to file a personal injury claim in Georgia. With the help of an experienced Duluth premises liability lawyer, you can secure maximum compensation to pay for your medical bills and other losses associated with the incident.
At The Herro Law Firm, we understand how traumatizing such an accident can be. We have a team of expert premises liability lawyers in Duluth, GA, ready to help you with your compensation claim. Get in touch with our Duluth personal injury lawyers today to find out how we can help you.
Call us now at (404) 433-6876 to book your free case review.
Do I Have a Premises Liability Claim?
Premises liability is a legal term for a personal injury case that occurs when you sustain injuries because of a safety hazard on someone’s property. You, as the plaintiff, must prove that the owner’s negligence led to their injuries. An expert premises liability lawyer can help you get the proof you need. A Duluth premises liability lawyer can also guide you in seeking maximum compensation for your injuries and losses.
Injuries on a property do not always imply there was negligence. You must prove that the owner knew the conditions were unsafe or should have known if they were taking proper care of the property. You also need to prove that they did not fix the issue or warn you.
What Are Common Premises Liability Cases in Duluth?
The following are the most common types of premises liability cases that The Herro Law Firm handles in Duluth, GA.
Slipping & Falling on a Wet Surface
A premises owner must ensure that the public knows of slippery and wet floors. They can hang a sign to alert them. Slip and fall accidents are prevalent in open areas like restaurants and grocery stores. Many slips and falls can cause severe or fatal injuries.
Tripping on an Uneven Surface or Unmarked Step
Unmarked steps can cause serious bodily injuries if people trip and fall. The person responsible for marking areas such as these may be liable for any trip or fall incidents on the premises.
Faulty Stairs or Railings
Stairs and railings must always be in good shape. Leaning on a faulty railing and falling off may lead to catastrophic injuries.
Children Injured While Playing in an Unsafe Area
Children are at risk of wandering off into unsafe areas. They may not read precautions. If an owner knows children are trespassing into their premises, they are responsible for any injuries.
Owners can prevent harm by sealing off any entry points to unsafe areas.
Being Hit by a Falling Object
Falling objects can cause fatal injuries. If you are walking in a supermarket and a heavy object falls and causes a head injury, you may be entitled to compensation.
Escalator and Elevator Accidents
Incorrect installation, negligent inspection, and poor maintenance are some of the causes of escalator accidents in Duluth.
Structural Failings That Lead to an Injury
If a structure fails, many people can be held accountable for injuries and loss of lives. Engineers, premises owners, and regulatory bodies may be responsible for the injuries.
Contact our premises liability lawyers in Duluth, Georgia for legal assistance if you suffered your injury at a business, school, or on someone else’s property.
Who Is Responsible for an Injury in a Premises Liability Case?
Many people can be at fault in case of an accident. Property owners are responsible for most of the premises negligence cases in Duluth, GA. They can be financially liable for injuries that would not happen if they’d fixed building problems.
To prove your claim, our Duluth premises liability lawyer only has to establish four facts:
There Were Some Unsafe Conditions on the Property.
Some conditions are potential causes of harm. Exposed electrical lines or open sockets are a potential hazard. Our reputable premises liability law firm near Duluth must establish that the leaking water from the freezer or pipes caused your slip and fall accident.
The Owner Knew About the Condition or Should Have Known.
You must prove that the Owner knew about the condition or should have known if they properly cared for the property. An owner must know the condition of their premises. Sometimes they are aware of an uncovered hole or a leaking pipe. If someone gets hurt because of their negligence, they are financially liable.
The Owner Did Not Fix the Hazardous Condition or Warn You.
In such cases, a property owner intentionally refuses to fix a hazard and puts residents and visitors in harm’s way. If they are unable to remove or fix the hazard, the property owner should warn visitors about the hazard.
An owner who fails to address safety issues or warn visitors of potential danger may be liable for injuries. Note that if a store owner doesn’t warn shoppers about a slippery floor immediately after cleaning it, they may be liable for their injuries.
You Were Injured Due to the Unsafe Condition.
You must prove that you were injured because of the unsafe conditions, and not some other cause. At The Herro Law Firm, our premises liability lawyers in Duluth will go above and beyond to ensure you get maximum compensation after such injuries. We will work tirelessly to find evidence that an unsafe condition at the premises led to your injuries.
What if My Child Is Injured?
It’s common for children to play in unsafe areas or abandoned buildings if they get the chance. Certain things that may clearly look dangerous to an adult, such as an empty pool, a deep pit, or a half-finished building — may entice and attract a child. This is the basis of the attractive nuisance doctrine.
In truth, adults know better than children. We can avoid dangerous situations because we are aware of the risks. This isn’t the same case when dealing with kids. This is why property owners have a legal duty to keep their premises safe in the event that children trespass onto the property.
Any potential hazard must be secured in a manner that no child could possibly gain entry into, or hurt themselves.
Here are safety measures that property owners must take to secure such areas.
- An owner should secure any potential hazard in a way where no child can enter or hurt themselves.
- Unused areas like drained pools should have a fence and be locked. The fence should be high enough that a child cannot easily climb it.
- They should cover hazards like an open well or pit with something that a child cannot lift or open.
- Construction sites should be secure so that children cannot enter.
What if I Was Injured at My Workplace?
There are different considerations for workplace injuries and workers’ compensation laws in Georgia. Workers’ compensation covers damages like disability, lost wages, and medical expenses. You can’t file a personal injury case against your employer.
Reach out to Herro Law to speak with our Duluth premises liability lawyers. Our experienced legal team will ensure you get compensation and justice for your injuries.
Is There a Deadline for Filing a Premises Liability Claim?
Yes. There is a deadline for filing a premises liability claim in Georgia. Georgia Code § 9-3-33 sets the deadlines, called statute for limitations, for the lawsuits in the state. For personal injuries sustained after an accident on a business premise or someone else’s property, you have two years from the date of your injury to file a premises liability claim.
To receive compensation for your injuries and other damages, you must file your claim before this deadline expires. If you take action to receive compensation after two years, Georgia courts will bar your premises liability lawsuit.
Hiring a reliable Duluth premises liability lawyer is the best way to ensure you are on track. Your personal injury lawyer will make sure they build a strong case and file a claim within Georgia’s statute of limitations.
Contact Our Duluth Premises Liability Lawyers for a Free Case Review!
Premises liability incidents can severely injure many residents of Duluth, GA. If you are a victim, The Herro Law Firm is here to help. We have a team of experienced premises liability lawyers ready to work on your case.
Our legal team will handle all investigative matters regarding your case to find out what happened. We may review the premise’s CCTV footage, your medical records, footage from nearby stores, and other relevant evidence to build a strong case. We understand the value of your claim.
Hiring a skilled premises liability lawyer is the fastest way to ensure you get the compensation you need. At The Herro Law Firm, we can help you recover compensation for damages, including medical bills, lost income, and pain and suffering.