Atlanta Premises Liability Attorney
Premises liability is an area of personal injury law that deals with accidents that occur on another party’s property because the property owner was negligent in the way they maintained the premises. Premises liability accidents can cause injuries ranging from painful and embarrassing to permanently disabling or even fatal.
Although the injuries can be severe, obtaining compensation on a premises liability claim can be extremely challenging, especially when the hazard was a temporary condition like a wet floor. At The Forsythe Law Firm, our attorney has over a decade of experience on the insurance defense side, so we know the best way to proceed with your claim. We also have the trial and litigation experience necessary to negotiate a settlement from a position of strength or take your case to a jury verdict if needed to get the best result. You can count on The Forsythe Law Firm to vigorously pursue your claims for maximum compensation. Contact our experienced Atlanta premises liability lawyer today.
Comprehensive Atlanta Premises Liability Attorney
The Forsythe Law Firm is experienced in a wide variety of injury claims and stands ready to take on any type of premises liability matter in Atlanta or surrounding areas. Some of the most common premises liability accidents include:
- Slip and Fall
- Trip and Fall
- Hit by Falling Object
- Dog Bites and Animal Attacks
- Assaults and Negligent Security
- Swimming Pool Accidents and Drowning
- Playground Injuries
Understanding Georgia Premises Liability Law
One aspect of Georgia premises liability law that makes these cases so complex is that the duty of the property owner to maintain a safe premises varies according to the legal status of the accident victim at the time. For purposes of premises liability, an accident victim can be classified as an invitee, licensee or trespasser.
An invitee is someone who is invited onto the premises by the property owner, such as a customer or social guest. Property owners owe the highest duty to invitees compared to other categories of accident victims. To meet this duty, property owners must use “ordinary care” to keep the premises safe for invitees. “Ordinary care” includes promptly repairing any known danger or warning invitees about the existence of such dangers until they can be repaired. Further, it falls on the property owner to monitor the premises at reasonable intervals, checking for hazards and dealing with them appropriately. A “reasonable interval” depends on the type of business involved; more frequent inspections are required in places where spills are likely to occur, such as grocery stores, restaurants and bars, or where merchandise is likely to fall to the floor and create a tripping hazard, such as clothing stores or retail stores.
A licensee is someone who has permission to be on the premises, even if they haven’t been invited on by the property owner. Examples include delivery persons, salespersons, or utility workers. Property owners are liable for accidents that involve “willful or wanton injury” to a licensee. For instance, if a property owner knows about a dangerous condition but doesn’t tell the licensee, put up a warning sign, or secure the premises, the owner could be liable. But they don’t have the same level of duty to inspect the premises for the safety and benefit of a licensee as they do for an invitee.
A trespasser is someone who is unlawfully on the property, such as by entering private property that is posted Keep Out or No Trespassing, staying in a store after it has closed or after being asked to leave, or entering a restricted area marked Employees Only, No Admittance, etc. Property owners can’t set out to intentionally harm a trespasser, such as by purposely setting out traps or hazards to catch or hurt them, but they are generally not liable for injuries to a trespasser caused by negligent maintenance of the premises.
How The Forsythe Law Firm Can Help After an Atlanta Premises Liability Injury
Property owners and their insurers have an answer for everything. If the hazard was temporary, such as a wet floor caused by a drink spill, they’ll say the slip and fall happened before they had a chance to reasonably discover the spill and clean it up. If the hazard was long-term or permanent, such as a broken step or torn carpet, they’ll say the accident victim should have noticed it and avoided it because it was obvious. These can be complex questions to resolve. We’ll apply our years of experience handling personal injury matters to discover the best evidence proving liability and fault and present it in a compelling fashion to the insurance company in settlement talks or to a jury at trial if need be.
We’ll also use our knowledge of Georgia premises liability law to make sure the accident victim is not misclassified as a licensee when they are an invitee, or as a trespasser when they are an invitee or licensee. We examine the facts of each case and apply the law to help our clients get the maximum compensation available and ensure justice is done by holding property owners accountable for their negligence.
Contact The Forsythe Law Firm Today
If you’ve been injured in a slip and fall or other accident in a store or other business, or on public, private, or government property, be sure to notify someone in charge. Accept medical care or a ride to the hospital if needed, and follow up with your doctor for a complete checkup to discover any hidden injuries. Don’t accept a settlement or sign a statement without talking to an attorney first. The best things you can do for yourself are to seek medical help and legal help as soon as possible after the accident. The Forsythe Law Firm is here for all your legal needs, and we can help you find a doctor as well if you need one. Contact our experienced Atlanta premises liability lawyer today.