Kennesaw Premises Liability Attorneys
Holding Local Companies Accountable For Their Negligence
It’s not fair for a company to assume you should be responsible for your medical expenses and lost wages when it was their negligent actions or inaction that caused your injuries. Unfortunately, that is the approach most of these companies take, leaving you to battle their legal team and insurance companies.
You shouldn’t have to struggle when the cause of your injuries wasn’t your fault. That’s why Piedmont Injury Law is here to guide you through the personal injury claim process and advocate for what’s right. When store owners, managers, renters, or even residential homeowners create a dangerous situation and you suffer because of it, the cash it takes to get healthy and whole shouldn’t come out of your pocket.
Not sure where to start? Call 678-658-2283 to schedule a free consultation with Piedmont Injury Law.
What is Premises Liability and How Does It Apply in Georgia?
Premises liability is the legal concept that holds property owners responsible when unsafe conditions on their property cause an injury. In Georgia, this means that if someone is hurt due to hazardous conditions that should have been taken care of, such as wet floors, broken steps, poor lighting, or delayed maintenance, the property owner may be legally liable for those injuries.
Premises liability laws apply to both residential and commercial properties, including stores, restaurants, apartment complexes, and even private homes. In order for your claim to be successful, you must prove that the property owner either knew or should have known about the dangerous conditions and failed to correct them in a reasonable timeframe.
The entire point of premises liability laws is the principle that property owners must maintain their property in a reasonably safe manner. It is important to understand that liability is not automatic. The level of responsibility varies depending on the injured person’s legal status on the property, as well as comparative negligence rules that can heavily impact the outcome of the case.
How Does Georgia Classify Visitors in Personal Injury Cases?
The level of care a property owner owes depends on the type of visitor. Georgia law recognizes three main categories, and each affects your legal rights when injured on someone else’s property.
Invitees
These are people invited onto the property for the owner’s benefit, like customers in a business. Owners owe their invitees the highest duty of care, including routine inspections and prompt maintenance.
Licensees
These are social guests or others allowed on the property for non-commercial purposes, such as a friend invited over for a backyard barbecue. While homeowners do not need to constantly inspect for dangers, they must inform guests of known hazards.
Trespassers
These individuals enter a premises without permission. Property owners generally owe them the least duty, but they cannot willfully cause harm, and they may owe some care to child trespassers under the attractive nuisance doctrine.
Understanding what kind of visitor you are helps determine if a property owner acted negligently in your case. Our firm is ready to help you understand the distinction and what type of visitor you were classified as. We operate on a contingency fee basis, meaning you don’t pay unless we win. Call today for your free case evaluation.
Who Can Be Held Responsible For Premises Liability Accidents?
In most premises liability cases, the property owner is the primary at-fault party, but they may not always be the only one. Depending on the situation, multiple parties may share responsibility for an injury on someone else’s property.
- Property Owners: Homeowners, landlords, or business owners who failed to maintain safe conditions for their visitors.
- Property Managers: Third-party companies hired to manage or maintain the property may be liable if they neglected important upkeep measures.
- Tenants or Occupants: In the case of rental properties, liability may fall on the tenant if they controlled the area where the injury occurred.
- Security Companies: If inadequate security led to the injury, and a contracted security firm was negligent, they may be the responsible party.
One of the most important jobs a personal injury lawyer has is investigating the accident, gathering evidence, and determining who had control over the property and whether or not they acted negligently. Are you unsure who you should be focusing on in your premises liability claim? With our comprehensive understanding of premises liability claims, Piedmont Injury Law can help you identify the responsible party and prove negligence.
What Types of Damages Can You Recover in a Premises Liability Case?
With premises liability accidents, the injured victim may be entitled to compensatory damages that account for both financial costs and personal suffering. These are generally divided into two different categories.
Economic Damages
These represent measurable, out-of-pocket losses related to your injury. Common examples include:
- Medical bills and future medical expenses
- Physical therapy and rehabilitation
- Lost wages and reduced earning potential
- Property damages, when applicable
Documentation such as receipts, pay stubs, and invoices is crucial to proving these losses.
Non-Economic Damages
These cover the emotional and psychological effects caused by your injury. Although they are harder to quantify, they are no less important. They often include:
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder (PTSD), anxiety, and depression
- Loss of enjoyment of life
- Permanent disfigurement or disability
Determining damages involves far more than calculating your current expenses. An experienced personal injury lawyer will understand the long-term impacts your injuries may have on your life and know that the expenses don’t stop just because a settlement has been reached.
What Are Common Types of Premises Liability Accidents in Kennesaw?
Premises liability accidents can happen almost anywhere and be caused by a variety of conditions. Some of the most common causes of premises liability cases are:
- Slip-and-fall Accidents: Often caused by wet floors, uneven surfaces, or poorly lit walkways.
- Trip-and-fall Incidents: These happen because of loose carpeting, uneven surfaces, cracked sidewalks, and unmarked hazards.
- Inadequate Security Claims: Injuries resulting from assaults or crimes where the property owner failed to provide reasonable security measures.
- Falling Objects: Items falling from shelves, overhead storage, or construction sites.
Even if the cause of your injuries isn’t listed here, it doesn’t mean you don’t have a valid claim. If someone else’s negligent actions caused your injuries, you deserve a fair settlement.
How Long Do You Have to File a Premises Liability Lawsuit in Georgia?
The statute of limitations for personal injury claims in Georgia is two years from the date of the accident. That means that if you were injured due to unsafe conditions on someone else’s property, you must file within two years or risk losing your right to pursue compensation entirely.
While two years may sound like plenty of time to file your Kennesaw premises liability case, it can pass quicker than you’d think. Medical treatments, insurance claims, and physical recovery all take time. Collecting evidence becomes more difficult as time passes from the day of the accident. Witnesses move, evidence gets misplaced, and the defending attorney will insist you waited because your injuries aren’t as bad as you claim.
There are some exceptions, such as for minors, but courts strictly enforce the two-year limit in most situations.
Do You Need a Kennesaw Premises Liability Lawyer?
The recovery that follows most premises liability cases is costly and can take a considerable amount of time. Medical bills and lost income may be just the start of your problems.
Piedmont Injury Law offers comprehensive legal services to Georgia residents seeking to hold the responsible party accountable for their negligence. You shouldn’t suffer because of someone else’s mistake. Call 678-658-2283 to schedule a free initial consultation with an experienced lawyer today.