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Premises Liability

Cartersville Premises Liability Attorneys

Property-Related Accident Claims

If you or a loved one has been hurt on someone else's property due to a property defect or negligence, the Cartersville, Georgia premises liability attorneys at Perrotta, Lamb & Johnson, LLC can provide the legal help needed to file and pursue a claim. With extensive experience in Georgia premises liability laws, our lawyers strive to protect your rights and get you the compensation that is deserved. We are proud to offer low contingency fees that keep more money in your pocket if we win a court award or secure a settlement in your name.

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To speak with a Cartersville premises liability attorney, please dial (770) 637-7603 now.

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Common Types of Premises Liability Cases

Premises liability refers to the legal responsibility that property owners or occupiers have for injuries or accidents that occur on their premises. In other words, if someone is injured on someone else's property due to unsafe or hazardous conditions, the property owner or occupier may be held liable for the injuries.

The concept of premises liability is based on the duty of property owners to maintain a reasonably safe environment for individuals who enter their premises. This duty extends to both public and private property, including residential, commercial, and public spaces. Property owners are expected to take reasonable measures to identify and address potential hazards to prevent injuries.

Different types of premises liability cases include the following and more:

  • Slip-and-fall accidents: Loose carpeting, slick tile flooring, stray cables, and so forth can all result in slip-and-fall accidents. Don’t be convinced by the defendant that your injuries are minor because you slipped and fell, either. Severe injuries like a spine injury can occur, especially if the slip-and-fall victim is an elder.
  • Dog bites: Animal owners have a responsibility to contain and restrain their pets when visitors are present or when they are in public. If a dog bit you, resulting in a serious injury, then you could have a valid premises liability claim to file and pursue.
  • Inadequate security: Certain property owners have a duty to secure the premises with additional means that most other property owners would not. It depends on the type of property and if it would expectedly attract criminal offenders. For example, a late-night bar in a high-crime neighborhood could be expected to hire a bouncer to prevent troublemakers from entering and starting fights.
  • Attractive nuisances: In Georgia, property owners must take reasonable steps to prevent child trespassers from entering their property unannounced and encountering dangerous conditions, which are called attractive nuisances. Swimming pools and trampolines are two of the most common forms of attractive nuisances that result in premises liability lawsuits.
  • Toxic exposure: If hazardous materials are used or stored on a piece of property or real estate, then the proprietor might be required to display warning signs, as well as take ample steps to ensure the materials are stored correctly. Failing to do so could result in a visitor becoming ill due to toxic exposure.

Laws regarding premises liability can vary by jurisdiction, but they generally revolve around the duty of care owed by property owners to those who enter their premises. Property owners may be held responsible for damages, medical expenses, and other losses suffered by individuals injured on their property if it is determined that the owner was negligent in maintaining a safe environment.

Premises liability cases can vary significantly from one circumstance to another. At Perrotta, Lamb & Johnson, LLC, our team is well-practiced in all sorts of premises liability claims and lawsuits, so you don’t have to worry about finding a law firm that can take your case. If you were hurt on someone else’s property due to a problem with that property, then we can help you explore your legal rights.

Injuries in Premises Liability Cases

Premises liability accidents can result in serious and sometimes life-altering injuries. Injuries that arise from these cases can be both physical and psychological, too, depending on their severity and permanence.

Common types of injuries in premises liability cases include:

  • Broken bones
  • Soft tissue damage
  • Spinal cord and back injury
  • Traumatic brain injury (TBI)
  • Permanent disability
  • Post-traumatic stress disorder (PTSD)

Our attorneys can network with medical experts to get more information about the injuries that you suffered. This approach allows us to better understand how your life will be changed by the injuries, possibly permanently.

Invitees, Licensees & Trespassers in the Law

After you have been injured on someone else's property, your legal status at the time of the accident is an important factor when determining liability. In Georgia, individuals who are injured on another's property can be classified as invitees, licensees, or trespassers, and each is owed a different duty of care from a property owner. When assessing liability for injury due to negligent conditions on the property of another in Georgia, the courts will take into consideration who had control and ownership of the land at issue and what permission was given to enter onto that land by each party involved to determine if there was any negligence on behalf of the owner.

An invitee is invited to enter or remain on the premises either expressly or impliedly, usually has permission, and typically benefits the property owner, such as a customer in a store. A licensee is allowed on the premises for their own benefit, such as a social guest. Finally, a trespasser is someone who enters or remains without permission or the right to do so.

In Georgia, to succeed in a premises liability lawsuit, the injured party (plaintiff) typically needs to establish certain elements to prove that the property owner or occupier was negligent. The specific elements may vary, but generally, the following factors are crucial in a premises liability case in Georgia:

  1. Duty of Care: The plaintiff must show that the property owner or occupier owed them a duty of care. This duty is generally owed to individuals who are lawfully on the premises, and the extent of the duty may vary depending on the relationship between the parties (e.g., invitee, licensee, or trespasser).
  2. Breach of Duty: The plaintiff needs to demonstrate that the property owner or occupier breached their duty of care. This often involves proving that the owner knew or should have known about a dangerous condition on the property and failed to address it or provide adequate warnings.
  3. Causation: There must be a direct link between the property owner's breach of duty and the injuries suffered by the plaintiff. The plaintiff needs to establish that the hazardous condition on the property was a substantial factor in causing their injuries.
  4. Notice: The plaintiff may need to show that the property owner had actual or constructive notice of the dangerous condition. Actual notice means the owner was aware of the hazard, while constructive notice means the owner should have known about it through reasonable inspection and maintenance practices.
  5. Foreseeability: Proving that the dangerous condition was foreseeable is important. The plaintiff must show that a reasonable property owner would have anticipated the potential harm resulting from the condition.

Remember, Georgia follows a modified comparative negligence system. The plaintiff's recovery may be reduced if their own actions contributed to the accident. However, as long as the plaintiff is not more than 50% at fault, they can still recover damages.

Please call (770) 637-7603 to talk with our Cartersville premises liability lawyers about what happened. Even if you were technically trespassing when the accident happened, you could still have a completely valid injury claim.

Call Our Firm Now to Schedule a Consultation

If you were injured due to a negligent condition on another's property, you may be owed compensation for your medical expenses, lost wages, and pain and suffering. Our experienced Cartersville premises liability lawyers are here to help you and your family navigate the legal process. We understand that every case and every client is unique, so you can be sure that your case will be shown the respect and attention that it deserves.

Contact us today for an initial consultation about your case. Remember to ask about our low contingency fees!

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