If you are in Atlanta, Georgia and are involved in an accident on the property of another, you may be able to file a claim for compensation. However, you need to hire a competent premises liability lawyer to ensure that you get the best possible outcome.
Duty of care
If you have been injured on the property of someone else, you may be able to file a premises liability claim against that owner. A premises liability claim will allow you to receive compensation for medical costs, pain and suffering, lost income, and other benefits.
In order to file a claim, you must first prove that the owner was negligent. This means that the owner did not take care to ensure that their premises were safe. When proving negligence, it is important to document the events leading to the injury and gather evidence from the accident.
The state of Georgia requires property owners to exercise ordinary care to keep their premises safe. These duties include repairing dangerous conditions, ensuring that there are no hidden dangers, and warning visitors of potential hazards.
For instance, an owner of a grocery store must make sure that the floors are clean and free of hazards. They must also post a warning sign if there are any concealed dangers on the property.
Most states, including Georgia, use some type of comparative fault system. This allows a plaintiff to claim compensation from a defendant. The amount of compensation may be reduced by the percentage of fault of the plaintiff.
Comparative fault systems also allow for partial fault. For example, in a car accident, both drivers may be at fault. Similarly, the property owner may be held liable for damages if a hazardous condition is overlooked.
There are several laws and standards used to determine which party is responsible for an accident. These laws include contributory, pure, modified and comparative fault.
As far as the jury is concerned, a plaintiff can receive compensation even if one percent of the accident is his or her fault. A law allowing such a thing is the Uniform Comparative Fault Act.
While comparative negligence is not necessarily a requirement, it is a good idea to know your options. An experienced Atlanta personal injury attorney can help you navigate Georgia’s comparative fault system to maximize your chances of receiving maximum compensation.
General compensatory damages
If you or someone you know has been injured while visiting a property, you may be eligible to recover compensation. The amount of money you can recover will depend on the facts of the case. A good Atlanta premises liability lawyer can help you determine what your rights are and whether or not you have a claim.
In order to obtain compensation, you must prove that the property owner was negligent. You also need to show that the property hazard caused your injuries. This is not an easy task.
You must also prove that the property owner knew about the hazard. You must also demonstrate that the property owner did not repair the hazard.
Normally, an injured party will claim non-economic damages. These include pain and suffering, emotional distress, and future medical expenses. There are different types of damages, including punitive damages. However, the amount of these damages is not allowed under Georgia law.
An Atlanta premises liability attorney can help you determine the value of your claim. To do this, your attorney will examine your background. They will also identify possibly liable parties. Once this information is determined, your attorney will gather evidence to support your case.
Common causes of premises liability accidents in Atlanta
When a person is injured in an Atlanta premises liability accident, he or she can file a claim against the property owner. There are many factors that may affect the outcome of the case. A good lawyer can help you decide on the best course of action.
You need to show that the property owner was negligent in maintaining the premises and that you were injured due to that negligence. If you are not able to prove negligence, you will not receive compensation.
The most common type of injury related to a premises liability accident is slip and fall accidents. Slips and falls can be caused by a variety of things including poorly maintained surfaces, puddles of water, or faulty walkway lighting.
Other types of premises liability cases include dog bite and escalator entrapment cases. If you are hurt on a premises, you need to hire an experienced premises liability attorney to ensure you receive fair compensation.