In Atlanta, every property owner has a legal duty to make sure their property is safe for visitors. If a property 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 you should speak to an Atlanta premises liability lawyer immediately.
John Foy & Associated can help you. We have the experience and resources necessary to help injury victims no matter where your injury happened. We began over 20 years ago as a small local law firm and have become one of the most respected and successful premises liability firms in the country. When you call John Foy & Associates, we will sit down with you for a free consultation to go over the details of your case. Our first priority is to help you understand your legal options and make an informed decision about your case. Call us at 404-400-4000 and get your 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. However, some 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 a 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.
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.” This simply means that you wouldn’t have been injured if they had been more careful. The fact that they were negligent is why they are liable for the costs of the injury.
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. We can help you determine which party is responsible and build the strongest possible case for you.
What if a child was injured? What if they were somewhere they shouldn’t be?
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 enticing and exciting to a child. 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 I was injured at my 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 comp 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. The local courts in Atlanta follow strict deadlines set by both state and federal law. These deadlines are known as “statutes of limitations.” If you do not file your claim before the deadline, you can lose your right to recover any money for your injury.
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.
Talk to a Georgia Personal Injury Lawyer for Free
At John Foy & Associates, we don’t charge you anything unless we win you money. We believe that you should have the right to get a professional legal opinion on your injury and get the help you need. That’s why we offer a free consultation. Don’t wait until it’s too late. Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.