Premises Liability Cases

Property owners have an obligation to ensure that their land and buildings are maintained in a way that others are not injured. In some cases, renters who take complete control of a property also have this duty. The extent to which a property owner or renter must go to ensure that the property is safe will depend upon who is being invited onto the property and why.

Unfortunately, in some cases, owners and renters fail to live up to their obligations and hazards exist as a result. When someone is injured as a result of the failure to maintain property safely, the victim can pursue a claim for compensation. An Atlanta premises liability lawyer can help those who have been harmed. The Law Office of Brian C. McCarthy offers a free consultation and case evaluation to individuals injured on public or private property. Call today to learn more about how we can help you to make a claim for compensation and to get answers to questions including:

  • Who is responsible for my injury on someone else's property?
  • What should I do after I get hurt on someone else's property?
  • How can an Atlanta premises liability lawyer help with my premises liability case?

Who is Responsible for My Injury on Someone Else's Property?

When a customer visits a restaurant or store, the customer is called an invitee. Georgia's premises liability law says that invitees are owed the highest duty of care by a renter or property owner. The owner/renter must regularly inspect the premises to identify any dangers. Any hazards must be corrected or visitors must be warned of the dangerous.

In a private home, there is no requirement to regularly inspect the premises before having guests. However, if a homeowner or apartment-dweller knows or reasonably should be aware of a hazard on the property, guests need to be warned of the risk or it needs to be fixed. Apartment-dwellers would be responsible for this if the dangerous conditions were within their own unit and not caused by fixed objects like stoves or appliances that the landlord provides. If the unsafe conditions were in a common area of an apartment, then the landlord of the building could be held responsible for injuries.

Even trespassers are owed some care by property owners. If property owners are aware of trespassers, they must worn of dangerous hazards. Owners also cannot set traps for trespassers and if they have swimming pools or other "attractive nuisances," they need to secure the areas so kids cannot be hurt.

If a property owner or a renter fails to live up to any obligations to visitors, the owner/renter can be held liable. Some examples of situations that might give rise to a premises liability claim include:

  • Negligent security in high-crime areas or when the property owner has reason to know of a threat
  • Slippery floors or other conditions that lead to a slip-and-fall.
  • Tainted food products that result in food poisoning
  • Swimming pools that are unsecured or unsafe because of defects like cracked tiles or broken drains

These are just some of many situations where a property owner's negligence leads to dangerous conditions that cause injury.

What Should I Do After I Get Hurt On Someone's Property?

After you get hurt on someone's property, you should obtain as much evidence as possible to prove the owner or renter was responsible for your losses. You should also contact an experienced Atlanta premises liability lawyer as soon as possible.

Remember, homeowners, renters and other property owners have insurance to cover injuries and losses. You should not hesitate to take legal action and obtain compensation if you were injured at a friend's house, because that's what insurance is for. Otherwise, you could be left with the bills.

An Atlanta premises liability lawyer will help you to deal with the insurance companies, which may offer a settlement to get you to agree to give up your right to sue. Your attorney can negotiate to make sure that settlement is fair. If your case goes to court, an experienced litigator is here to help you do everything possible to convince a jury to award you compensation.

How Can an Atlanta Premises Liability Lawyer Help With My Case
At the Law Office of Brian C. McCarthy, we have extensive experience helping clients take legal action due to unsafe property conditions. Let us put our legal knowledge to work on your behalf. Call or contact us online today to speak with a member of our legal team if you or a loved one has been injured.