Entering the property of another person or entity should entitle you to feel safe, since the law says that the owners of land have a duty to protect you from accidental injuries. Still, slips and falls remain a primary cause of personal injuries in Buckhead and around the country. Landowners that allow these injuries to occur must provide fair compensation to cover the losses of injured individuals. But the fact that a fall occurs while visiting another person’s land does not automatically mean that the landowner is responsible. The law requires you to establish your rights as a visitor and to show that the landowner violated those rights. This can be a complex legal undertaking.
A Buckhead slip and fall lawyer might be able to help you show that a property owner was responsible for your injuries. This can include establishing your rights under the law, investigating the fall, measuring your losses, and seeking out fair compensation.
The Obligations of Landowners to Protect Guests
Proving that a landowner was responsible for the events that led up to an injury is a vital part of any slip and fall case. Sadly, the fact that a fall occurs on another’s property is only part of this analysis because the law places visitors into three main categories. Depending upon which category a person falls under, their rights under the law change significantly.
Most people who pursue successful slip and fall injury cases in Buckhead are invitees. These are people who enter land with the permission of the owner and for the benefit of the owner. Usually, these are individuals looking to spend money at a business. According to the Official Code of Georgia § 51-3-1, landowners must act with reasonable care to prevent injuries from impacting invitees.
The other classes of visitors are licensees and trespassers. In slip and fall cases, the differences between these people are miniscule. For non-invitees to collect compensation, they must show that an injury was the result of wanton or intentional action on the part of the landowner. This largely rules out all accidental injury situations. A Buckhead slip and fall attorney could help establish an injured person’s status under the law.
Seeking Payment in and Out of Court
Because most people who are looking to collect compensation after a slip and fall will allege that a business was negligent in allowing the fall to occur, these cases will likely flow through insurance claims. In these scenarios, it is vital to be able to explain why a person had the right to be on the property and why the owner was at fault for allowing the injury to occur. The most common way to accomplish this is to form a demand package that outlines the key evidence and the extent of a person’s losses. A Buckhead trip and fall lawyer could represent the interests of injured individuals in this process.
In some situations, it may be a requirement to file complaints in local civil courts. This usually happens when there is a debate over a landowner’s actions leading up to the fall or the amount of compensation that is appropriate in a case. An attorney could take the lead in filing complaints in court that may lead to full trials.
Reach Out to a Buckhead Slip and Fall Attorney Today
Property owners who invite guests onto their land for the purpose of making money have a legal duty to protect those people from foreseeable harm. Failures to adhere to this duty mean that the property owner is liable for all resulting injuries.
A Buckhead slip and fall lawyer wants to help you collect these payments. We can work by your side to investigate the incident, establish your rights under the law, evaluate your damages, and seek fair payments. Reach out to us to learn more.