Atlanta
Premises Liability Lawyer

In Atlanta, every property owner has a legal duty to make sure their property is safe for visitors.

If a property owner failed in this duty and you were injured, you have a right to a full financial recovery to pay for your medical bills and other costs. This is true whether the property was a business, a home, or a public space. 

If you have been injured on someone else’s property, speak to an Atlanta premises liability lawyer immediately. Here at John Foy & Associates, we have the experience and resources necessary to help injury victims no matter where your injury happened.

Our first priority is to help you understand your legal options and make an informed decision about your case, so give us a call to schedule a free consultation today.

What Are Common Injuries in Premises Liability Cases in Atlanta?

Premises liability refers to an injury that happens on someone else’s property, and there are countless different kinds of accidents covered by this area of law. Many people first ask, what is a premises liability case, and the answer usually starts with unsafe property conditions that lead to preventable injuries. However, some accidents are more common than others. The most common types of accidents we see are:

• Slipping & falling on a wet surface
• Tripping on an uneven surface or unmarked step
• Faulty stairs or railings
• Children injured while playing in an unsafe area
• Being hit by a falling object
• Escalator and elevator accidents
• Structural failings that lead to an injury

This is by no means an exhaustive list. Any injury you suffered at a business or on someone else’s property could count as a premises liability claim. The best way to find out is to speak to an Atlanta premises liability lawyer.

Who Is Responsible for an Injury in a Premises Liability Case?

In most cases, the property owner is considered legally liable for the injury, and their insurance will cover it. This is because every property owner must exercise reasonable precautions to keep people safe on the property, which is a key distinction when people ask about the difference between premises liability and personal liability claims.

To prove your claim, we only have to establish four facts:

• There was some unsafe condition on the property
• The owner knew about the condition or should have known about it if they were properly caring for the property
• The owner did not fix or remove the hazardous condition, nor did they properly warn you about it
• You were injured because of the unsafe condition

When these four conditions are met, the property owner is considered negligent. Many clients ask how I can prove negligence in a premises liability case in Georgia, and this evidence is often built through incident reports, photos, maintenance records, and witness statements.

In some cases, the property manager, a tenant, or even contractors working on the property may have been the negligent party, and they could be held liable as well. This often leads to questions about who I sue in a premises liability claim in Georgia, which depends on who had control over the dangerous condition. We can help you determine which party is responsible and build the strongest possible case for you.

What If a Child Was Injured and Was Somewhere They Shouldn’t Have Been?

Children will often play in abandoned or unsafe areas if given the chance. Things that look clearly dangerous to an adult, like a deep pit, a half-finished building, or an empty swimming pool, may look exciting to a child. These types of hazards are often considered as a hazardous condition in a Georgia premises liability case. If your child was injured, it’s important to understand that your child is not at fault.

Adults know better than children. This is why property owners have a duty to keep the premises safe not only for normal adult use but also for kids. Any potential hazard should be secured in a way where no child could possibly enter, or couldn’t hurt themselves. For example:

• Unused areas like drained pools should be fenced and locked. The fence should be high enough that a child cannot easily climb it. 
• Hazards like an open well or pit should be covered with something that a child cannot lift or open.
• Construction sites should be fenced so that children cannot enter.

What If the Injury Happened in a Friend or Neighbor’s Home?

We often hear from clients who were injured or had a child injured while at a loved one’s home. Often these clients are struggling with the cost of medical bills from the injury, but they don’t want to accuse their loved one of any wrongdoing or harm the relationship.

It’s natural to feel this way, but it’s also important to get the care you need—and not get stuck with the bill for something that wasn’t your fault. 

Luckily, you do not have to accuse your friend of doing anything wrong. When you file your claim it will be between you and the insurance company. Your friend does not have to pay any money out of pocket. They don’t even have to know the details of the claim itself. 

What If You Were Injured at Your Workplace?

In Atlanta, you have the same rights at your workplace as you do anywhere else. In fact, if you are injured on the premises at work, you have a worker’s comp claim. Worker’s compensation is insurance paid by your employer which covers 100% of the costs of any injury on the premises. 

We can help you identify whether you have a worker’s comp claim or a regular premises liability claim, and make sure you get the full amount you deserve. 

Is There a Deadline to File a Premises Liability Claim in Atlanta?

Yes. Local courts follow strict deadlines set by Georgia law, known as statutes of limitations. Many people specifically ask about what is the statute of limitations for a premises liability claim in Georgia because missing this deadline can permanently bar your case.

The exact deadline depends on the specifics of your case. In some cases, you have up to two years from the date of the injury. In many cases, however, the deadline is shorter and you may have only a matter of weeks to take action. This is why we recommend you speak to a lawyer as soon as possible. 

Do You Really Need to Hire a Lawyer for Your Premises Liability Claim?

A lawyer can significantly help with your premises liability case by collecting evidence that is often difficult to obtain on your own, such as surveillance footage, maintenance records, and expert opinions. If you’re wondering how a lawyer can help with a premises liability case, it usually comes down to building strong evidence and negotiating with insurance companies.

A lawyer also knows which experts to hire to explain how the unsafe condition caused your injuries and how those injuries may affect your future.

How Much Does a Premises Liability Lawyer Cost?

You have nothing to lose when you hire a premises liability lawyer for your case because our attorneys work on a contingency basis. This means they don’t get paid unless your lawsuit is successful. During your initial consultation, which comes at no cost to you, you can openly discuss the details of your case and get clear guidance on your legal options. Once your case moves forward, you won’t have to worry about attorney fees until and unless you win, allowing you to focus on your recovery and well-being.

It’s also normal to wonder when you can expect to get paid from my premises liability claim in Georgia. The timeline depends on factors like the complexity of the case, negotiations with insurance companies, and any court procedures that may be required. Your lawyer will guide you through each step and keep you informed so you know what to expect throughout the process.

Talk to a Premises Liability Lawyer in Atlanta Today For Free

At John Foy & Associates, we don’t charge you anything unless we win you money. Our Atlanta premises liability lawyer believes you should have the right to get a professional legal opinion on your injury and get the help you need.

Call us or fill out the form to your right and get your FREE consultation today.