Atlanta Premises Liability Attorney
If you or a family member recently sustained an injury on someone else’s property in Atlanta, you may have grounds to pursue a personal injury claim under Georgia’s premises liability laws. While different requirements exist for private residence owners, business owners, and public spaces managed by the government, an experienced Atlanta premises liability lawyer can help you determine whether you have grounds to pursue compensation for your damages.
Premises liability is the area of law concerned with accidents and injuries that occur due to the negligence of property owners and managers. Most people associate this practice area with things like slips and falls. While such accidents can result in significant injuries, premises liability also encompasses much more catastrophic scenarios that can result in permanent disability or death.
Helping You Seek Justice in Premises Liability Cases
I am Attorney Stephen LaBriola, and I have spent decades successfully seeking justice for victims whose lives have been permanently changed or ended by property owner negligence. If you were injured or lost someone you love, I want to help you recover maximum compensation from the at-fault parties. At Fellows LaBriola LLP, we are dedicated to advocating for your rights and securing the justice you deserve. Contact us today to book your free consultation.
Examples Of Catastrophic Premises Liability Cases
Throughout my many years as a civil litigator, I have helped clients claim damages for incidents such as:
- Severe burn injuries caused by building fires and explosions
- Negligent construction or maintenance leading to building collapse
- Inadequate security that fails to prevent visitors from becoming victims of assault, mass shootings or other acts of criminal violence
- Accidents, injuries or diseases caused by substandard or dangerous building materials
- Injuries and deaths related to malfunctioning elevators and escalators
In many cases, these catastrophic injuries and deaths occur on commercial properties, including malls and retail stores, condominium and apartment complexes, hospitals and medical facilities, restaurants, and sports arenas.
I explore every potential avenue of compensation and investigate any potentially liable party in order to maximize my clients’ financial recovery. I prepare each case for trial from the beginning, which means I’m more than ready to take the claim before a jury if we are unable to reach a fair settlement.
Building A Premises Liability Case In Atlanta
If you are unsure whether you have grounds to pursue compensation for a recent injury you suffered on someone else’s property, it is important to understand the basics of the state’s premises liability laws and the duty of care a property owner owes to visitors to their property. First and foremost, a property owner only owes a duty of care to lawful visitors, not intruders or trespassers.
You will first need to prove that you were lawfully present on the property when your accident happened. This means that you had the property owner’s express or implied permission to enter the property. Next, you will need to prove that your injury resulted from the property owner’s failure to correct a foreseeable safety hazard on their property. Note that if you suffered an injury because of an open and obvious hazard, it could interfere with your ability to prove fault.
A property owner is negligent when they know or reasonably should have known about a safety hazard on their property likely to harm a lawful guest or visitor but failed to correct it. When such a failure results in catastrophic harm to the victim, the property owner faces liability for all resulting damages.
Claiming Compensation In A Premises Liability Case
The objective of any personal injury case is for the injured victim to prove liability for the harm they suffered and to hold the defendant accountable for their damages. Georgia law allows an injured plaintiff to seek the compensation they need to be as whole as possible again after suffering harm because of a defendant’s negligence. This means they have the right to claim compensation for any economic and non-economic damages they suffered.
Economic damages include any direct financial losses resulting from the incident. If an injured victim has sustained catastrophic harm because of a property owner’s negligence, the property owner could face liability for medical expenses, future medical treatment costs, lost wages, and the victim’s lost earning potential if they are unable to return to work in the future. Additionally, the victim has the right to claim pain and suffering compensation.
It can be difficult for the average person to determine what appropriate compensation might be for the physical pain, emotional distress, and psychological suffering they endured because of a defendant’s negligence. State law does not limit this aspect of recovery in most personal injury cases, so this could form the bulk of your final settlement or verdict if you sustained any life-changing harm because of the defendant’s negligence.
Your Atlanta premises liability lawyer will be an invaluable asset for the help they can provide in proving liability for the harm you suffered. They can assist you in gathering evidence to show the property owner failed to take appropriate care of their property and, in so doing, caused your injury. If any disputes arise over liability for the incident, your attorney will know how to resolve these issues for you as they are aware about the Atlanta legal rules which can help you get the justice without any hassle.
Stephen LaBriola approaches every personal injury case intending to win. As your Atlanta premises liability lawyer, you can expect responsive communication as your case unfolds, careful attention to detail when it comes to gathering evidence for proving fault and establishing the extent of your damages, and dedication to helping you reach the optimal result in your recovery efforts.
FAQs
You can prove fault in a premises liability case by gathering evidence that shows the property owner failed to correct a foreseeable safety hazard that caused your injury. Property owners must either address known safety hazards immediately, post clearly visible warning signs, or provide verbal warnings to their guests and visitors to prevent injuries. Failing these steps, property owners face liability for any resulting damages to lawful visitors.
If you partially caused your slip and fall in Atlanta, the modified comparative negligence statute will apply to your case. You should expect to have a fault percentage assigned to you that indicates your level of liability for the incident. As long as the plaintiff’s fault percentage is lower than the defendant’s, they can still recover compensation, but they lose a percentage of their case award equal to their percentage of fault.
The value of a premises liability claim in Atlanta depends on the severity of your damages. If you can prove liability for the incident, you can hold the defendant accountable for economic losses such as your medical expenses, lost income, and lost earning power if you have been disabled. You can also seek pain and suffering compensation. Your Atlanta premises liability lawyer can assess the full potential value of your claim.
The time required to resolve a premises liability case hinges on multiple variables. If you are able to prove fault and the defendant accepts liability, you may be able to settle your case relatively quickly. However, you may be able to secure more compensation with a trial verdict. An experienced Atlanta premises liability lawyer can advise you as to the most efficient way to resolve your case and the benefits and drawbacks of both settlement and litigation.
You need to hire an Atlanta premises liability lawyer because your case is likely to be more challenging than you initially expected. To ensure the greatest chance of success with your claim and the greatest likelihood of maximizing your final settlement or verdict, it is crucial to have a trustworthy attorney to manage your case. They can help you effectively resolve any unexpected challenges you encounter as your case unfolds.
Schedule a Free Consultation for Your Premises Liability Case
From my office in Atlanta, I represent personal injury and wrongful death clients throughout Georgia. I offer free consultations so that you can explore your legal options with no cost or obligation. To schedule yours, call me at 470-801-1362 or submit an online contact form.