After an injury, you might have a legal right to financial compensation. There are two main types of liability cases: premises liability and personal liability. Each case depends on who was responsible for an accident.
Below, we’ll discuss the difference between premises and personal liability in an accident claim.
Premises Liability Cases
Premises liability is about an injury on another person’s property or business.
According to the Official Code of Georgia Annotated (OCGA) §51-3-1, property owners and occupiers must “exercise ordinary care in keeping the premises and approaches safe.” If that doesn’t happen and someone is injured, the owner is responsible for the costs.
Premises liability accidents can happen at locations like:
- Grocery stores
- Restaurants
- Shopping malls
- Retail stores
- Private properties
For example, say you slipped and fell on a wet floor at a grocery store. You suffered a broken arm and other injuries. Because the store employees were not careful enough, they might be liable for your injury costs.
When a Property Owner Is Liable
Property owners and businesses are not always responsible for accidents. There must have been a breached duty of care. Property owners and employees must be careful to:
- Look out for hazards on the property
- Clean up or fix dangers within a reasonable amount of time
- Warn visitors or customers about risk if they cannot immediately fix it
You must also prove that you couldn’t have avoided the hazard on your own. According to OCGA §51-11-7, a victim might not recover damages if they could have avoided the accident. Victims must exercise their own carefulness.
A property owner might try to blame you for the accident. They are hoping to reduce their own responsibility. If this happens, contact an experienced lawyer immediately.
Types of Premises Liability Claims
Premises liability incidents can happen because of:
- Wet and slippery floors
- Uneven flooring
- Curled up carpeting
- Torn rugs
- Potholes in parking lots
- Chemical exposure
- Cluttered walkways
- Dog bites
These are just a few examples. Any accident that happens on someone’s property could be a premises liability case.
If you were injured in this way, contact an experienced lawyer. A premises liability lawyer can help you investigate and build a claim. At John Foy & Associates, we know what it takes to win cases.
Contact us today for a FREE consultation. Call (404) 400-4000 or contact us online to get started.
Personal Liability Cases
Unlike premises liability, personal liability is about personal fault. A person, company, or government agency could be at fault for an injury.
Everyone in Georgia has a “duty of care” not to cause harm. If someone fails in that duty, they could cause an accident. If another person is hurt, the at-fault person could be liable. Examples of personal liability can include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Property damage accidents
You can seek compensation after someone else’s actions cause your injuries. If the at-fault party has insurance, you can usually file an insurance claim first. If the insurance company won’t settle, you might file a lawsuit.
Premises Liability vs. Personal Liability
Premises liability claims are about unsafe conditions on someone’s property. Personal liability is about someone’s own actions. In either case, you might deserve compensation if someone else was careless.
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Recoverable Damages After an Accident
If you were injured, you will likely have losses like:
- Medical bills
- Medication costs
- Future treatment costs
- Lost income
- Lost earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
These are your personal injury damages. If someone else was at fault, they are responsible for these costs. You can file a claim to recover your damages.
Getting what you deserve is not always easy. The at-fault party and their insurance company will look for ways to pay you less. Thankfully, you can protect your rights in several ways.
What to Do After an Injury Accident
Here are some ways you can protect yourself after an injury accident:
- Take pictures of the accident scene.
- Photograph your injuries and property damage.
- Call the police if you were the victim of a car accident.
- Notify the property owner or manager if you were hurt on someone’s property.
- See a doctor as soon as possible.
- Save all medical bills and other documents.
- Contact a personal injury lawyer as quickly as possible.
Document everything you can. After an accident, it’s easy for someone to clean up quickly. Taking pictures is one of the best ways to preserve the scene. Also, save all evidence of your costs after the injury.
If you suffered injuries, someone else might be liable. Both premises and personal liability could mean you deserve compensation. You will need to know the difference before you file a claim.
Talk to a Personal Injury Lawyer for Free Today
At John Foy & Associates, we can help after an injury accident. Our team has been handling personal and premises liability cases for over two decades. We are not afraid to fight for your rights.
Contact us today for a FREE, no-risk consultation. There is no fee unless we win your case. Call (404) 400-4000 or contact us online to get started today.
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