When we visit stores, restaurants, parks, hotels, and even a neighborhood dinner party, we generally expect the premises to be free of hazards. Unfortunately, property owners sometimes fail to keep their premises safe for visitors. When this results in accidents, injured parties can try to hold owners responsible for associated injuries and losses. If you were injured while visiting someone else’s property, you might be entitled to legal compensation from the at-fault party. The personal injury attorneys at Butler Kahn are standing by to review your case and build a solid premises liability claim on your behalf. Contact us today to schedule a free, no-obligation consultation with a skilled premises liability lawyer in Lawrenceville.
What Is Premises Liability?
Premises liability is a specialized area of personal injury law. Broadly speaking, personal injury lawsuits seek to hold careless individuals accountable when their irresponsible actions hurt others by causing an accident. More narrowly, premises liability lawsuits seek to hold property owners responsible when their failure to keep their premises safe for lawful visitors results in accidents and injuries.
What Kinds of Scenarios Can Lead to Premises Liability?
Of course, the underlying facts in a premises liability lawsuit will vary widely depending on the kind of property the accident occurred on. For example, chances are an accident at a grocery store will play out much differently than one at a construction site. That said, certain patterns tend to recur. Scenarios that frequently give rise to premises liability include things like:
- Dog bites and animal attacks
- Slip-and-fall accidents
- Sidewalk accidents
- Stairwell accidents
- Elevator and escalator accidents
- Structural collapses
- Swimming pool accidents
- Construction accidents
- Inadequate lighting
- Negligent security
- Electrical accidents
- Falling objects
- Carbon monoxide poisoning
- Fire safety and building code violations
If you are unsure whether you have a viable premises liability case, the best thing to do is speak to an experienced personal injury attorney. At Butler Kahn, we can give you a good sense of whether you have a strong case in a free initial consultation.
How Do You Prove Premises Liability in Georgia?
The foundation of most personal injury cases is the legal concept of negligence, which simply refers to the duty we all have to take reasonable care to avoid harming others through our actions. When a failure to uphold this duty results in accidents, injured victims can seek compensation from the at-fault party. Landowners have a similar duty to keep their properties safe for lawful visitors. However, the specific requirements of a landowner’s duty will vary depending on their relationship with each visitor. In Georgia, the law organizes visitors and the corresponding duties of landowners as follows:
- Invitee – An invitee is an individual with express or implied permission to visit a property. In most cases, they visit to provide some sort of benefit to the property owner. Common examples include customers at stores and contractors working on a house. The governing statute explains that property owners will be liable to invitees “for injuries caused by [their] failure to exercise ordinary care in keeping the premises and approaches safe.”
- Licensee – A licensee is someone with permission to enter a property but who confers no benefit to the landowner. For example, guests at a dinner party are normally considered licensees. The governing statute explains that property owners are “liable to a licensee only for willful or wanton injury.”
- Trespasser – A trespasser is someone who enters a property without permission from the owner. Property owners owe trespassers only a minimal duty of care. The governing statute explains that a “lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury.”
What Is the Attractive Nuisance Doctrine?
The attractive nuisance doctrine is meant to protect trespassing children by creating an exception to the rule shielding property owners from liability for injuries sustained by trespassers on their property. An “attractive nuisance” is any feature of a property that may entice or draw the attention of children unable to recognize the dangers it presents. Perhaps the most common example of an attractive nuisance is an unguarded swimming pool. If a trespassing child is injured due to an attractive nuisance, the property owner will not be shielded from liability.
What Compensation Is Available Through a Premises Liability Lawsuit?
If you successfully prove the property owner’s responsibility in your case, a court will order them to pay you monetary compensation for the economic and noneconomic impact of your injuries and losses. The exact value of your claim will depend on many factors, the most important being the extent and severity of your injuries. That said, you may be compensated for things like:
- Medical bills incurred treating your injuries
- Lost wages from time missed at work
- Lowered earning capacity if you are left with a long-term disability
- Physical pain and suffering
- Emotional trauma
Though no one can guarantee how much compensation you will ultimately receive, the legal team at Butler Kahn can review your situation in a free consultation and give you an idea of what your case may be worth. To learn more about results we have achieved on behalf of our clients, follow this link.
Is there a Time Limit for Taking Legal Action in a Premises Liability Lawsuit?
Yes. In Georgia, injury victims normally have two years from the date of an accident to file a lawsuit seeking compensation from at-fault property owners. There are a few narrow exceptions to this rule, though you should not rely on them before you make sure they apply in your case by first consulting with an attorney. Remember that the filing deadline is strictly enforced. Failure to file in time nearly always results in your case being dismissed in court, which will also give the at-fault party the upper hand when negotiating an out-of-court settlement. In other words, it is crucial that you file before the deadline passes.
Contact a Lawrenceville Premises Liability Lawyer Today
At Butler Kahn, we understand how difficult dealing with the aftermath of an accident can be. If you were injured in an accident on someone else’s property, we are here to make sure you know your rights and legal options. We proudly help injury victims secure legal compensation to help them get through this kind of situation. Contact us today to schedule a free consultation with a knowledgeable and compassionate premises liability attorney in Lawrenceville.
