Premises liability cases cover a wide range of injuries and damages. For example, slip and falls, certain workplace accidents, and animal attacks can all lead to injuries that can be included in a premises liability claim.
Slip and falls can occur in nursing homes, driveways, and places of business. They may be caused by open electrical wiring or poor maintenance. Animal bites—such as if you were bitten by a dog in a friend’s home you were invited to—are also governed by premises liability laws.
Understanding Premises Liability
According to the Centers for Disease Control and Prevention (CDC), slip and falls send hundreds of thousands of elder adults to the emergency room every year. According to the Occupational Safety and Health Administration (OSHA), thousands of people are killed every year in workplace accidents. Many more are hospitalized for weeks or months at a time for preventable workplace mishaps. According to some estimates, there are about five million dog bites in America every year, many of them fatal.
Property owners and operators owe those legally entitled to be on their property a duty of care. A business can be held liable for the injuries sustained by customers, workers, and other guests if it can be shown that the business—either the owner of the business or an employee—failed to keep the premises safe. This can take many forms. A failure to prevent slip and falls and a failure to meet safety codes are common causes of premises accidents.
Similarly, nursing homes, hospitals, schools, parks, workplaces, and other areas where visitors or the general public are allowed to visit must be properly maintained and free of hazards that can lead to injuries.
Proving Your Right to Damages
In most cases, to win a premises liability claim, you must gather enough evidence to show that:
- The owner or operator of the premises on which you were injured should have but did not repair, remove, or address sources of danger.
- You were involved in an accident because of the premises owner or operator’s inaction or negligence.
- You suffered physical and/or financial losses because of the accident.
If you can prove the three points above, you likely have grounds for a premises liability case.
Premises Liability Laws and Filing a Claim
Premises liability cases are governed by many different local, state, and federal laws. The laws that apply to your case will depend on how and where you were injured. For example, if a dog bit you at the private residence of someone who invited you to their home, your losses will likely be covered by your friend’s home insurance or renter’s insurance policy. On the other hand, a slip and fall on commercial property will be governed by the business owner's liability coverage or operator in question.
An important note to keep in mind is that being injured on someone else’s property does not immediately entitle you to a claim. If you did not have permission to be on someone else’s property, were injured because of circumstances out of the property owner or operator’s control, or were injured by hazards the property owner or operator could not have known about, you may not have grounds for a claim.
Our firm can help you understand the laws and insurance policies that apply to your case and the different types of evidence you may need to collect to back your claim. To learn more, contact S. Burke Law at (404) 842-7838. Our premises liability injury lawyer in Sandy Springs, Georgia, will walk you through everything you need to know, from identifying the at-fault party and gathering evidence to quantifying your losses and negotiating a settlement with the at-fault party’s insurer.
Common Injuries in Premises Liability Cases
Common injuries seen in premises liability cases include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal organ damage
- Puncture wounds
- Cuts and lacerations
- Bruises and contusions
- Nerve and muscle sprains and strains
- Eye, ear, nose, and dental injuries
- Varying degrees of paralysis
Treatments for these injuries can run into the tens of thousands of dollars per case, and they often take months or even years to recover from. During that time, you will likely suffer considerable pain, a loss of income from being unable to work, and a myriad of expenses that you would not have had to face if you had not been injured in the first place.
If you can prove that a property owner or operator was somehow negligent and that their negligence led to an accident in which you were injured, you can build a case for your resulting losses. These usually include medical treatment expenses for the injuries listed above, as well as lost income, pain and suffering, emotional trauma.
If the accident led to the death of a loved one, loss of consortium, funeral, and burial or cremation costs may be recoverable in a wrongful death case.
How We Can Help
Premises accidents can lead to serious injuries and even death. If you or a loved one suffered such an accident, we can help you by:
- Determining the cause or causes of the incident
- Establishing a link between the actions (or inaction) of a property owner or operator and your injuries
- Quantifying your losses
- Gathering evidence to prove your case
- Dealing with insurance adjusters, lawyers, and representatives of the at-fault party on your behalf
- Negotiating a settlement for you and fighting your case in court if a settlement cannot be reached
Statutes of limitations apply, and you generally have two years within which to file a lawsuit. Missing your application deadline can prevent you from winning damages.
Reach Out for Legal Support
Call S. Burke Law at (404) 842-7838 to learn more. Our premises liability injury lawyer in Sandy Springs, Georgia, will review your case. We understand the pain you are going through and have helped many clients put together claims and lawsuits for the compensation they deserved, so contact us today for a free case evaluation.