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Property owners have a duty to make sure their premises and approaches are safe for customers and business invitees. If there are hazards that are hidden and known to the property owner but not the visitor, the property owner can be liable for any resulting injuries.
If you are in any type of accident, the best thing you can do is use your phone’s video camera to record the incident and talk to witnesses, asking for their contact information. Additionally, keep your phone on while talking to store employees to create a record. This information can be crucial in building a case for a premise liability claim.
Medical expenses, pain and suffering, lost wages, and loss of capacity to labor can be recovered in a premise liability case. In extreme cases, punitive damages may also be awarded.
The property owner must have superior knowledge of the hazard that caused the injury to be liable. This means they either knew about the hazard or should have known about it. A property owner may also be held liable if they failed to use safety and inspection procedures, or if they lacked adequate standard operating procedures.
If you are injured at a friend’s home, the friend likely has insurance, and you should explain the situation to them and hire a lawyer to investigate. The key issue is whether the injury was caused by a hidden peril, hazard, defect or by willful or wanton conduct creating an unreasonable risk of harm to the guest of which the homeowner or property occupier had superior knowledge of relative to the social guest. There are nuanced legal issues in terms of liability and required a skilled attorney to reasonably settle the claims.
In this case, you are suing the property owner or the person who controls the property, just like you would in any other premises liability case. In reality, regardless of the name on the lawsuit, you are suing the insurance company insuring the premises where the injury occurred.
Business and hotel property owners have a duty to ensure that their premises and approaches are safe for intended uses. This includes keeping sidewalks and parking lots free of hazards and defects.
Yes, if you are injured at a business or hotel, you should try to file an accident report with the property owner or manager. Additionally, turn on your video camera on your phone to record the circumstances surrounding the incident.
A premise liability or slip-and-fall attorney will help by following up with witnesses, researching to find the right defendants and insurance coverage, and collecting medical records to ensure adequate care and documentation of injuries. They will also help negotiate a settlement or represent you in court if necessary.
For more information on Premises Liability Injury Claims In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 961-5511.
George Creal is a trial lawyer who has been practicing law
in the Metro-Atlanta area for over 27 years. George brings
a broad range of experience to the courtroom. Read More