Commercial property is property used for business purposes such as malls, office buildings, and grocery stores. On this commercial property, all the premises owners and managers are legally obligated to maintain their premises appropriately. Commercial property liability cases are when someone gets injured or killed on another’s commercial property. This type of case typically involves a failure of the premises owner or manager to exercise reasonable care to provide a reasonably safe premise.
If you have been injured on a commercial property, you may be entitled to compensation. Reach out to an Atlanta commercial property-liability lawyer who could help you recover the damages you deserve. To get started on your claim, call today to set up a consultation with an experienced premises liability attorney.
Statute of Limitations for Commercial Property Liability
The statute of limitations is the time frame for which an injured person may file a claim. Since the typical commercial property-liability case involves either a personal injury or a wrongful death, the statute of limitations is the same as other personal injury and wrongful death cases. The statute of limitations in most circumstances is two years from the date of the injury or death. This means the plaintiff must file their claim within two years of the date of the accident or they can be barred from recovering damages. However, there are particular circumstances that can extend the typical statute of limitations. Talk to an Atlanta commercial property-liability attorney to learn more about the statute of limitations and how to file a proper claim in time.
Assigning Liability in Atlanta
In any Atlanta commercial property-liability case, the issue of liability typically is resolved by a jury. The jury will determine whether the premises owner acted reasonably and if they did not, whether they believe the injury or the death was caused by the acts or omission of the premises owner. Another issue that often arises in premises liability cases is that, although the ultimate arbiter is a jury, the defendant may move to have the court decide such questions, arguing that there is not sufficient evidence to submit the issue to a jury. A seasoned Atlanta commercial property-liability lawyer could help an injured victim assign liability by gathering evidence and investigating the facts of the case.
Commercial Property Liability Cases with Multiple Defendants
Potential defendants in commercial property-liability cases include anyone responsible for maintaining the safety of the premises. This means that there may be multiple defendants in the case. One of the common types of premises liability cases with several potential defendants are cases involving apartment complexes. For instance, there may be a failure to maintain the parking lot, sidewalks, railings, or criminal behavior associated with the apartment complex. In this situation, the defendants will typically be the owner of the complex and the property management company who the owner has a contract with. Before filing a suit, it is important to identify all potentially responsible parties.
How Does Litigation Change When the Defendant is a Large Corporation?
Often, when the defendant in a commercial property-liability case is a large corporation, breakdowns in communication occur. Large corporations have complexities in communicating within the company and the key issues in most premises liability cases are determining what its standard practices were, what hazards or potential hazards on the premises it was aware of, and what it was doing to address them. It is critically important in cases against a large corporation, that the plaintiff’s lawyer obtains a full understanding of the corporate hierarchy, how complaints are fielded, and how information is filtered. Then the attorney should closely review all available email, internet databases, and similar records to inform themselves fully of the nature of the complaints the corporation received prior to the incident and how the corporation responded.
How an Atlanta Commercial Property Liability Attorney Could Help
People need to know that the responsibilities of a premises owner or a property manager extend beyond the common slip and fall case. Commercial property cases extend to any hazards on the premises the owner or manager knew about or should have known about, including criminal activity. A skilled Atlanta commercial-property liability lawyer could help injured victims hold the at-fault party responsible for their actions or inactions. If you have been injured on the property of a business, contact an attorney today.