Atlanta Premises Liability

Premises Liability Lawyer Atlanta, GA

At Council & Associates, LLC, it is the job of our premises liability lawyer Atlanta, GA residents trust to protect people and advocate for them. During the hardest times, we want clients to know they can rely on us for unparalleled legal guidance. If you have suffered because someone else chose to be reckless or negligent, then now is the time to act. You may think that you don’t have a case, however, too many people make this assumption and face financial hardship because they didn’t know the extent of their options at the time.

Schedule a free consultation with us at Council & Associates, LLC today so we can learn more about your situation and inform you of your choices from there on. And if you decide to have us represent you, we will begin working determinedly for your behalf right away. It all begins with a call.

Table Of Contents

• Common Types Of Premises Liability Cases
• How Our Atlanta Premises Liability Attorney Help After An Injury
• Atlanta Premises Liability Law Infographic
• Situations That May Qualify As Premises Liability Case
• Property Owner Responsibilities In Atlanta
• Frequently Asked Premises Liability Case Questions
• 5 Reasons To Talk With Premises Liability Lawyer
• Atlanta Premises Liability Statistics
• Council & Associates, LLC Atlanta Premises Liability Lawyer
• Call Our Premises Liability Lawyer Today

Common Types Of Premises Liability Cases

There are many kinds of premises liability cases that are valid and can be pursued through the legal system for compensation for the injured victim. As your Atlanta premises liability lawyer can explain to you, there is not just one kind of case that qualifies as premises liability. There are some types of cases that we see more often than others, but even if your situation is not at all like these does not mean that you don’t have legal options. It is recommended that you speak with a lawyer about the specific details of your situation before making any final decisions about making a legal claim.

• Slip and fall accidents
• Pool drowning and accidents
• Poor lighting
• Inadequate security leading to an assault
• Dog bites
• Amusement Park ride injuries
• Ice and snow injuries
• Defective equipment on the property
• Escalator and elevator accident injuries

This is by no means an exhaustive list but will give you an idea of the type of cases that fall under premises liability. No matter your situation, you could benefit from the counsel of an experienced lawyer who has been through cases like yours before.

As an Atlanta premises liability lawyer can explain, examples of costs that you may be eligible to receive repayment for include:

• Medical bills
• Hospitalization
• Prescription medication
• Surgery 
• Diagnostics and testing
• Ambulance costs
• Home modifications 
• Rehabilitation 
• Chiropractic care
• Property damage
• Pain and suffering
• Mental anguish

5 Reasons To Talk With A Premises Liability Lawyer

There are many reasons to talk with our  attorney. If you’ve been injured while on the premises of a responsible party for your injury, you may have legal options to get compensation for the injuries that you have sustained, and you can discuss your options with an experienced premises lawyer. Contact us at Council & Associates, LLC today to discuss your options.

Get More Compensation

Having the knowledge and experience of an Atlanta premises liability lawyer is likely to increase the amount of compensation that you receive to recover your losses. This is because we know what your case is worth and have the confidence, determination, and experience to fight for what you deserve. Don’t settle for less when your lawyer could get you what you deserve!

Faster Resolution

Unfortunately, legal cases for injuries can take some time to be completed. But having a lawyer who will keep things moving and knows how to avoid legal obstacles can decrease the time it will take to complete your case. The sooner you can get your case wrapped up and compensation in your pocket, the better.

Reduce Stress

Let’s face it, going through a legal claim is stressful, especially when you have an injury to recover from as well. Let your lawyer from Council & Associates, LLC lift the burden of a lawsuit off your shoulders so that you can focus on your healing and recovery. There is no need for you to spend your time and energy to become learned in the legal system, that’s what we’re here for and were happy to put our experience to work for you!

Reliable Legal Advice

Throughout your legal case you will have many legal decisions to make and it will be vital to have the guidance of a reliable lawyer who has been through this before. Your lawyer can be trusted to provide you with sound legal advice so that you can make informed decisions and to get you through this with a desirable outcome.

Representation

It is not easy to be in legal settings, such as the courtroom, settlement negotiation meetings, depositions, and other legal meetings. Having your Atlanta premises liability lawyer by your side and speaking on your behalf when they can will take pressure off of you and give you a strong ally. It is never recommended to represent yourself in legal proceedings, and we will be glad to represent you and fight for you.

How Our Atlanta Premises Liability Attorney Help After An Injury

Council & Associates, LLC is an esteemed law firm in Atlanta specializing in premises liability cases. If you have suffered an injury due to hazardous conditions on someone else's property, seeking the assistance of an Atlanta premises liability attorney from Council & Associates, LLC can provide you with invaluable support. Here's how they can help you:

Legal Experience

Atlanta premises liability attorneys at Council & Associates, LLC possess extensive knowledge of premises liability laws and regulations. They understand the complexities of these cases and have the experience to navigate the legal system effectively. With their expertise, they can assess the merits of your case and determine the best legal strategy to pursue.

Case Evaluation And Investigation

After consulting with you, an Atlanta premises liability attorney will conduct a comprehensive evaluation of your case. They will gather evidence, review incident reports, interview witnesses, and inspect the accident site to build a strong foundation for your claim. This thorough investigation ensures that all relevant factors are considered to establish liability.

Establishing Liability

One crucial aspect of premises liability cases is proving that the property owner or occupier was negligent in maintaining a safe environment. Your attorney will work diligently to establish this negligence by demonstrating that the responsible party knew or should have known about the dangerous conditions but failed to address them or warn visitors. By doing so, they can strengthen your case and increase your chances of obtaining compensation.

Negotiating With Insurance Companies

Insurance companies often try to minimize their liability and may offer inadequate settlements. An Atlanta premises liability attorney will skillfully negotiate with these companies on your behalf. They have experience dealing with insurance adjusters and can push for a fair settlement that considers your current and future medical expenses, lost wages, pain and suffering, and other damages.

Litigation Representation: In some instances, reaching a fair settlement through negotiation may not be possible. If your case needs to go to trial, your premises liability attorney will provide strong representation. They will present a compelling argument, cross-examine witnesses, and use their knowledge of premises liability law to advocate for your rights. Having a skilled attorney by your side can significantly enhance your chances of a favorable outcome in court.

Support and Guidance: Dealing with an injury can be physically, emotionally, and financially draining. An Atlanta premises liability attorney from Council & Associates, LLC understands the challenges you face and will offer compassionate support throughout the legal process. They will answer your questions, provide guidance, and ensure that you are well-informed about the progress of your case, giving you peace of mind during a challenging time.

By enlisting the services of an Atlanta premises liability attorney from Council & Associates, LLC, you can level the playing field against powerful insurance companies and property owners. They will fight for your rights, seek fair compensation, and strive to hold the responsible party accountable for their negligence.

Atlanta Premises Liability Law Infographic

Situations That May Qualify As Premises Liability Cases

When you visit a property like a hotel or resort, it is the property owner’s responsibility to keep you safe and secure. Unfortunately, there are many cases where unsuspecting guests or visitors suffer harm because of a property owner or landlord’s negligence. If you have suffered an injury while at a property that could have been prevented, you may be able to file a premises liability case. To see if your case qualifies, a skilled and experienced lawyer will review factors that may have contributed to the accident occurring. If you have experienced the following situations, you may be entitled to compensation. The situations described below are examples that can fall under premises liability.

• Lack of property maintenance - Say that you visited a property and ended up tripping on a hole that should have been covered. There was not even a sign that warned passersby that the hole was there. As a result, you end up suffering a broken ankle. This can qualify as a premises liability case because the property owner did not maintain the property well enough and check for hazards. If you discover that the owner knew of hazards and failed to take action to maintain their property, they can be held liable since you suffered an injury.
• Refusal to fix a broken barrier or lock - A broken lock can result in a serious security risk. Property owners are responsible for inspecting their property for any issues with fences, locks, and other barriers. If they fail to check their property and make sure it’s secured, they can be held liable if a person were to break in and harm a guest or anyone in their property, the victim can file a premises liability claim against the property owner or whoever was in charge of maintaining the property. A lawyer will seek evidence that the owner acted negligently.
• Failure to clean a spill or hazard - Slip and fall accidents can happen if there is a mess, such as water leaks or spilled food. A property owner must make sure that the spill is cleaned up and there is a warning sign placed where the spill was cleaned up. If people walking by are not aware that the floor was recently cleaned, they can slip and hurt themselves. Injuries like ankle sprains, fractured hips, or head injuries are common among slip and falls.
• Not fixing electrical issues - Electrical problems can cause a number of accidents. Elevator and escalator accidents can be attributed to faulty wiring or other electrical issues. If a landlord or property owner is aware that an elevator is not functioning properly but fails to fix it, they can be sued by injured victims. They owe residents, guests and anyone inside the building a duty of care. This is even more critical if the building or property is old and is prone to electrical problems.

Property Owner Responsibilities in Atlanta

Our firm is dedicated to providing clients with accurate and valuable information. When it comes to premises liability cases, understanding the responsibilities of property owners is crucial. Here's an overview of property owner responsibilities in Atlanta:

Duty Of Care

Property owners in Atlanta have a legal obligation to maintain their premises in a reasonably safe condition to ensure the safety of visitors and guests. They must exercise a duty of care to prevent foreseeable harm. This duty applies to various types of properties, including commercial buildings, residential properties, public spaces, and even private residences under certain circumstances.

Regular Maintenance

Property owners are responsible for regularly inspecting their premises to identify potential hazards or dangerous conditions. They must promptly address any issues or take appropriate measures to eliminate the risks. This includes repairing broken walkways, fixing faulty staircases, replacing damaged flooring, ensuring proper lighting, and maintaining functional security measures.

Warning Signs

In situations where immediate repairs or elimination of hazards is not possible, property owners must provide clear and visible warning signs to alert visitors to the potential dangers. For instance, if there is a wet floor, the property owner should place caution signs to indicate the slippery surface and prevent accidents.

Adequate Security

Property owners, especially those who own commercial establishments or multi-unit residential buildings, have a responsibility to provide adequate security measures to protect visitors and residents. This includes installing proper lighting, surveillance systems, and functional locks, as well as implementing security protocols to prevent criminal activities such as assaults, burglaries, or robberies.

Knowledge Of Dangerous Conditions

Property owners may be held liable if they knew or should have known about a hazardous condition on their property but failed to address it or warn visitors. They have a duty to exercise reasonable care in identifying and rectifying potential dangers. This includes monitoring the property, addressing maintenance issues promptly, and responding to reports or complaints from visitors or tenants about unsafe conditions.

Special Considerations

Depending on the type of property and the circumstances, additional responsibilities may apply. For example, property owners of swimming pools must ensure proper fencing, lifeguards (if applicable), and clear signage indicating pool rules and depth levels. Similarly, owners of commercial establishments that serve alcohol have a duty to prevent customers from leaving the premises while intoxicated to avoid potential accidents or harm to others.

In premises liability cases, establishing that a property owner breached their duty of care is essential to proving negligence. Our experienced Atlanta premises liability attorney at Council & Associates, LLC can thoroughly investigate the circumstances surrounding your injury and determine if the property owner failed to meet their responsibilities. They will leverage their knowledge of Atlanta's premises liability laws to build a strong case and seek appropriate compensation on your behalf.

Frequently Asked Premises Liability Case Questions

Accidents on another’s property may call for legal action with assistance from our Atlanta premises liability lawyer. Cases of this nature can be notoriously challenging because, without the appropriate evidence, they can quickly become a case of “he said/she said.” Victims of these accidents are required to prove negligence. Fortunately, a lawyer from Council & Associates, LLC can play a crucial role in ensuring that evidence ties to each element necessary to establish the legal claim. When considering how to move forward, it’s vital to understand the process. Still, it’s only natural for prospective victims to have questions regarding their case and the legal process: 

What elements are necessary for proving premises liability cases?

Premises liability cases are the legal remedy for those who suffer accidents on another’s property. Victims may be able to obtain compensation, although the process typically starts with a claim with the insurance claim, and several key elements must be proven to reach the best outcome possible: 

1. The property owner was responsible for the property
2. The defendant acted negligently
3. The victim was injured as a result
4. The defendant’s negligence causes the injuries

What are the common types of injuries victims of premises liability cases may experience?

There are several ways an accident can happen on another person’s property, and injuries can range from mild to severe, including: 

• Soft Tissue Injuries
• Head Injuries
• Broken Bones
• Lacerations
• Facial Injuries
• +More

Who can be held responsible for damages in premises liability cases?

Typically the property owner is responsible for any damages associated with the premises liability case. However, these cases can sometimes become complicated, especially when an accident has happened at a leased commercial space. A lawyer will play a crucial role in assisting the victim in determining whether one or multiple parties can be held accountable. 

What steps should be taken immediately after a premises liability case?

It’s essential to take action in the wake of a premises liability case, not only for the victim’s health but also should they choose to file a legal claim against the negligent party. Consider taking these two initial steps: 

1. Medical care is the most critical step following an accident. Treatment allows victims to receive the medical treatment they need and also helps outline the extent of the injuries for the case. 
2. Victims should report the accident to the property owner and, if in a commercial or public space, ensure that an accident report is completed. The accident report is vital because it can assist in tying the injuries sustained to where the accident occurred.

What compensation is available for cases of this nature?

One of the top questions prospective clients have is the potential value of their legal claim. Compensation can vary depending on the damages faced by the victim. To determine possible compensation, a lawyer will play a key role. They will carefully value a person’s injuries and financial losses to decide what to include in the demand letter for the insurance company. 

Premises liability cases can result in extensive damages, leaving victims to suffer physical injuries and financial losses. Because of the unexpected nature of accidents, the recovery process can be extensive and impactful to the life a person once lived. Despite this, know that it’s possible to receive compensation for losses. To determine the path forward, schedule a consultation with our Atlanta premises liability lawyer at Council & Associates, LLC.

Premise Liability Glossary

In Atlanta, premises liability law holds property owners accountable for keeping their spaces reasonably safe for visitors. At Council & Associates, LLC, we provide dedicated representation for those who have been injured due to unsafe conditions on someone else’s property. This glossary explains essential terms to help you better understand the legal concepts involved in premises liability cases and how they apply to your rights and options.

Duty Of Care

The duty of care is a legal responsibility that property owners have to maintain a safe environment for anyone entering their property. This obligation covers a wide range of property types, including private homes, commercial buildings, public spaces, and rental properties. For example, a business owner must keep walkways clear of hazards, while a homeowner should ensure stairways are well-lit and secure. The specific duty owed by a property owner often depends on the nature of the visitor’s presence. Generally, owners owe the highest duty of care to invitees, such as customers, who enter for business purposes. For licensees, like social guests, a moderate level of care is owed. For trespassers, owners are usually required to avoid intentional harm, with some additional duty owed to children in specific circumstances.

Negligence

Negligence is a fundamental concept in premises liability law and refers to the failure of a property owner to act responsibly in preventing accidents or injuries. In a premises liability case, it must be shown that the property owner either caused a hazardous condition, ignored a known hazard, or did not take reasonable steps to warn visitors about it. For instance, if a store owner is aware of a wet floor but fails to clean it or post a warning, they may be found negligent if a customer slips and is injured. Proving negligence involves showing that the property owner knew, or should have known, about the danger and failed to take appropriate action. This failure to act responsibly is a core factor in determining the owner’s liability.

Attractive Nuisance Doctrine

The attractive nuisance doctrine is a legal rule applied in premises liability cases involving children. This principle holds property owners liable for certain dangers on their property that may attract children who do not understand the risks. Common examples include swimming pools, abandoned machinery, or open construction sites. Since these features can tempt children, property owners are required to secure them, such as installing fences around pools. If a child enters a property and is injured by an attractive nuisance, the owner may be held liable for failing to take extra precautions to prevent access. This doctrine recognizes that children may not fully grasp the dangers and thus places a heightened responsibility on property owners.

Comparative Negligence

Comparative negligence is a principle that can impact the amount of compensation a plaintiff may receive in a premises liability case. This concept takes into account any fault on the part of the injured person and adjusts the damages accordingly. Under Georgia’s modified comparative negligence rule, if the injured party is found to be 50% or more responsible for their injury, they may be barred from recovering damages altogether. For example, if someone slips in a store but was running or distracted, they may share some responsibility for the incident. Their compensation would be reduced by their percentage of fault, making comparative negligence a critical factor in determining the outcome of premises liability cases.

Invitee, Licensee, And Trespasser

The legal status of a visitor—whether they are an invitee, licensee, or trespasser—affects the duty of care owed by the property owner. An invitee is someone who enters the property for the owner’s benefit, like a customer, and is owed the highest duty of care. Property owners must actively inspect and repair potential hazards to protect invitees. A licensee is a visitor permitted to enter the property for their own purpose, such as a friend attending a social gathering, and is owed a moderate duty of care, meaning the owner must warn of known dangers but may not need to inspect for unknown ones. Finally, a trespasser is someone who enters without permission. Property owners owe minimal duty to trespassers, except to avoid causing intentional harm, with added precautions required when children are involved.

If you’ve been injured on someone else’s property, speaking with an experienced premises liability attorney at Council & Associates, LLC can help you understand your rights. Contact us today to discuss your case and explore your options for seeking compensation.

Atlanta Premises Liability Statistics

According to the National Safety Council, premises liability accidents are the leading cause of non-fatal injuries in the United States. In one year, there are an estimated 2.8 million non-fatal premises liability accidents, resulting in over 200,000 hospitalizations and 30,000 deaths. These accidents can happen anywhere, but they are most common in homes, businesses, and public places.

Council & Associates, LLC Atlanta Premises Liability Lawyer

Call Our Premises Liability Lawyer Today

There really is nothing that can take the place of sound legal guidance in times like this, so do not hesitate to see how an Atlanta premises liability lawyer can help you with your case. At Council & Associates, LLC we would be glad to meet with you and hear about your incident and discuss your potential legal options. You will not be committed to moving forward with a legal claim after you meet with a lawyer, the legal decisions will always be yours to make because your lawyer works for you and represents your interests as you want. Knowing your options and the potential outcome of each will arm you with the information to make legal decisions you can feel confident about. Call us today to schedule a consultation.