Property owners and building managers have a responsibility to maintain a safe environment for anyone who is on their property. This responsibility includes homeowners and business owners. To protect their properties, these owners and managers can conduct regular maintenance checks, address issues promptly, and purchase premises liability insurance that covers accidents and injuries that may occur on their property.
If you have been injured due to a faulty issue on a property, you may be eligible to pursue compensation for your losses. The Atlanta personal injury attorney with the Law Office of Dwayne L. Brown can help you build your premises liability claim and represent your interests to obtain the best possible compensation for your losses. Call us today for a free case consultation. We are ready to help you and your family recover from this ordeal.
Identifying a Premises Liability Claim
The general rule for premises liability law is that when an owner or occupier of land by expressed or implied invitation induces or leads others to come upon his/her premises for any lawful purpose, and the person suffers an injury, the owner or occupier is liable for damages the injured party sustained.
The idea is that the owner or occupier is liable for injuries caused by their failure to exercise ordinary care in keeping the premises and approaches safe. The owner or occupier of the premises owes you the duty of ordinary care in keeping the premises and approaches safe. This is generally a nondelegable duty, so unless the owner has fully surrendered control of the premises to an independent contractor, the fact that injury resulted from the contractor’s negligence will not insulate the owner from liability.
What Is Nondelegable Duty?
A nondelegable duty means that obligations and responsibilities cannot be transferred to another party, such as maintaining a safe property for visitors. Even if a property owner hires a building manager or contractor to maintain the property, the owner could still be liable if you sustained injuries because of unsafe conditions.
Types of Premises Liability Cases
Premises liability accidents occur for many reasons. It is not just slipping on a wet floor or sitting on a broken chair that can cause injury. Construction of the building, security measures, and other factors can create unsafe environments that could lead to injuries. For example, when a store owner neglects to keep safe walkways or adequate security, they can put their customers at risk of injury and be held responsible for any ensuing injuries that occur on their property.
Some common types of premises liability accidents and risks include:
- Slip and falls
- Uneven flooring
- Loose railing and faulty stairs
- Falling objects and merchandise
- Pit bull and dog attacks
- Inadequate building security
- Swimming pool accidents
- Malfunctioning elevators and escalators
- Toxic chemical exposure
- Fire and electrical accidents
- Accidents due to poor drainage
Any incident due to poor property maintenance can be classified as a premises liability case, and you can pursue compensation.
Victims May Sustain Serious Injuries
Accidents on properties can result in a wide range of injuries, each requiring specific medical care and time to heal. Victims may suffer from minor bruising to catastrophic injuries. Depending on the injury you suffer, the nature and severity of it will affect the compensation you can demand. Such injuries could include:
- Concussions and other traumatic brain injuries (TBI)
- Spinal cord injuries (SCI)
- Broken bones
- Lacerations and bruises
- Soft tissue injuries
- Burns and electrocutions
- Dislocations
- Sprains and strains
- Psychological trauma
- Fatal injuries
Our premises liability lawyer will discuss your case with your doctor so that we understand the care you will need.
Damages You Could Recover After a Premises Liability Accident in Atlanta
Victims of accidents, such as those in premises liability cases, can be left with physical injuries, financial uncertainty, and emotional distress. You do not have to bear the hardships of your accident, especially when the negligence of another causes it. You have a right to demand compensation for the losses you are suffering.
Damages you may be able to claim in your premises liability accident include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Disability and disfigurement
- Loss of consortium
If you are injured due to unsafe premises, you may be able to seek compensation for your injuries from the property owner or their insurance company. Call the Law Office of Dwayne L. Brown today for a free case consultation.
How the Law Office of Dwayne L. Brown Can Help You
When our premises liability attorney takes on your case, we can help you in several ways. Here’s what we can do to help you and your family recover from your injuries in peace.
We Provide a Free Consultation
You start by telling us your story. What happened in your accident? Where were you when it happened? How were you hurt? We listen to you and provide you with guidance and options for your next steps.
We Investigate Your Accident
Once we agree to work together, our Atlanta premises liability attorney will investigate your accident. Our goal during this stage is to gather evidence to prove negligence. The evidence we may collect in your accident could include:
- Accident reports
- Photographs of the accident scene and your injuries
- Video footage, if available
- Witness statements
We will also consult with experts, such as doctors, financial advisors, and accident reconstruction specialists. They can corroborate and explain our findings in a way that everyone can understand.
We Calculate Your Damages
When proving negligence, our Atlanta premises liability lawyer must show the connection between you, the negligent party, the accident, and your losses. This is often depicted as the four elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
The last element, damages, is the legal term for your losses. In addition to proving negligence, we use the evidence we collect to calculate your economic and non-economic losses. With an understanding of the full extent of your damages, we can negotiate for compensation that covers your needs.
We Manage All Communications
Every injury victim deserves time to heal in peace. We can give you that time. We will take on all correspondence and communications between you, the insurance companies, their attorneys, and the liable party. If you receive any phone calls, direct them to us. Any letters or emails, send them our way.
We will handle filing your claim. If there are multiple liable parties, we will file claims with each of them, and we will negotiate with them on your behalf.
Your only responsibility through this is to follow your doctor’s treatment plan.
We Represent You in Court
Thankfully, most cases settle out of court, but our premises liability law firm always prepares a case to be tried. If we cannot reach a fair settlement, we will follow through and take your case to court, where we will present our evidence and make our arguments.
We Provide Guidance and Support
Throughout the claim process, you come first. Your case is not about us. It’s about you, your needs, your goals. We want to know how the accident has impacted you/ We will check in with you regularly and provide you with the names of doctors and healthcare workers we think would be best for you. We will make sure you receive constant updates on your case. If you have questions or concerns, you can reach us at any time. Together, we are a team, and our objective is your recovery.
We Work on Contingency
Our premises liability lawyer knows the hardships you are facing right now, so they do not want to add any more. When we work together, you will not have to worry about upfront fees. Under a contingency fee agreement, you owe us nothing unless we win a fair settlement or court award. Such arrangements work as an incentive for us to get the best possible settlement for your premises liability case.
What You Can Do to Protect Your Premises Liability Claim
Calling a premises liability lawyer in Atlanta, GA is one way you can protect yourself and your claim. There are other things you could do as well:
- See a doctor immediately: The sooner you see a doctor, the less likely the insurance companies can say your injuries were caused by something else.
- Follow your doctor’s orders: If you fail to follow your treatment plan, the insurance companies could argue that you were not as injured as you claimed.
- Don’t give a recorded statement: What you may think is harmless could be twisted and used against you. This also goes for social media.
- Keep a journal: Your notes on the accident and your recovery process can be used as evidence and aid in your case.
You Have Two Years to File a Lawsuit
Under O.C.G.A. § 9-3-33, accident victims have a two-year deadline to file a personal injury lawsuit. Failure to file within the two-year statute of limitation could bar you from pursuing compensation through the courts. If you contact us early enough, our premises liability attorney in Georgia can protect your right to sue the liable party in your premises liability case. Early contact also allows us to collect and gather evidence. Memories may fade, and evidence can be lost and destroyed, but with prompt action on your part, we can preserve the evidence in your case.
Call the Law Office of Dwayne L. Brown for a Free Case Consultation Today
If you have been injured when on another person’s or business’s property due to unsafe conditions, you may be able to seek compensation for your injuries.
Contact the Law Office of Dwayne L. Brown to discuss your claim. Put our 30 years of experience to work for you.
