Georgia’s premises liability law requires property owners to exercise a duty of care to visitors. That means ensuring their property is free from hazards. If you suffered an injury on someone else's property, you could be eligible for compensation for your injury. A premises liability lawyer in Atlanta can investigate the details of your case, identify if the property owner or manager breached his duty of care, and, if so, gather evidence and pursue damages on your behalf.
Ready to get started? Call S. Burke Law for a free consultation: 404-842-7838.
Is the Property Owner Liable for My Injury in Atlanta?
The owner or manager of a property must keep it reasonably safe from hazards. However, that does not mean property owners are liable for every hazard that emerges. Rather, the law states they must take reasonable care to prevent dangerous conditions and, should they become aware of one, take measures to remedy it or warn visitors of its existence.
For your premises liability case to be successful, we must prove four things:
- There was a hazard or dangerous condition on the property.
- The property owner or manager knew, or should have known, about the condition.
- The property owner failed to remove, protect you from, or warn you of the dangerous condition.
- The hazard resulted in injury or death.
For instance, if you slipped on spilled milk at the grocery store, we must show that the store did not clean it up in a reasonable time or post clear, visible signage to warn shoppers of the danger. If a customer spilled the gallon of milk and you slipped in it a minute or two later, the store is likely not liable.
We investigate the accident and gather the right evidence to prove the property owner was negligent and that you deserve compensation for your injuries and financial damages.
Do Property Owners Have a Duty of Care Even to Trespassers?
Generally, premises liability laws in Georgia exclude trespassers from protection. But there is one important exception — property owners have a duty to protect children from manmade hazards that have the potential to attract and injure them. These hazards, called attractive nuisances, include potentially enticing objects such as trampolines and swimming pools.
If an attractive nuisance injured your child, we can pursue damages from the property owner if your case meets the following conditions:
- The owner or manager knew that the property featured an attractive nuisance that might tempt children to trespass onto the property.
- The owner or manager knew or should have known the hazard had the potential to cause injury or death.
- The hazard is something that young children, due to their age, cannot reasonably be expected to understand has the potential to harm them.
- The burden of fixing the hazard or making it inaccessible to trespassing children is minor compared to its potential to cause harm.
- The property owner or manager failed to fix or remove the hazard or to erect barriers to make it inaccessible to children.
The attractive nuisance doctrine only applies to trespassing children; if your child was an invited guest on the property and suffered an injury, we can pursue damages from the property owner under standard Georgia premises liability law.
The Team at S. Burke Law Can Handle All Types of Premises Liability Cases
Not all premises liability cases involve slips and falls. Other incidents that may warrant filing a premises liability case include:
- Assault and battery
- Falling objects
- Structural defects
- Swimming pools or ponds
- Loose or missing stairs
- Animal attacks
- Exposed electrical wires
You can seek compensation for your injuries whether they occurred at a business, such as a grocery store or shopping mall; a public space, such as a park or municipal pool; or a private residence, such as a home or apartment complex. No matter how or where your injury occurred, call the team at S. Burke Law to review your case and for help getting started on your claim.
Our Team Handles Your Case from Beginning to End
When you come in for a free consultation at S. Burke Law, we first examine the details of your injury and determine the validity of your case. Then, we get to work pursuing compensation on your behalf. To be successful in your case, we must:
- Identify all parties who are responsible for your injuries
- Gather evidence, including photographs, video surveillance, eyewitness statements, and expert witness testimony
- Review police reports, if applicable
- Obtain medical records that establish the extent of your injuries and tie them to the incident on the property
Once we have built a strong case, we fight for all types of compensation you are eligible to receive, which might include:
- Medical bills
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Punitive damages
What Else Do I Need to Know About Filing a Premises Liability Claim?
Insurers are a notorious thorn in the side for accident victims, as they have teams of highly trained adjusters whose job is to find ways to deny or reduce claims. Before speaking a word to an insurance company, speak to the professionals at S. Burke Law. Sheryl Burke knows better than anyone the tactics used by insurers because she used to work as an insurance adjuster before opening her Atlanta law practice.
Here's the truth — insurance companies do not have your best interest at heart. They may attempt to use anything you say against you. So, talk to us before you talk to them. Our unique insider experience helps us anticipate and counter every tactic the insurance company might use.
Call S. Burke Law to Speak With a Premises Liability Lawyer in Atlanta
The team at S. Burke Law fights for your case with compassion. We would love to put our resources to work on your case and make you our next happy client. Call us today for a free consultation: 404-842-7838.