When a person sustains injuries while visiting another individual’s property, they may have a valid premises liability claim. Property accidents could include slips and falls, dog bites, negligent security issues, foreseeable crime, and more.
A Johns Creek premises liability lawyer could help determine whether you may be justified in seeking compensation after being injured on someone else’s land. A personal injury attorney from our firm could explain how the claims process works and discuss the most compelling case strategies for pursuing compensation for your losses.
Holding a Property Owner Liable for Damages
A Johns Creek attorney must prove that the property owner acted negligently at the time of the claimant’s injuries. Proving this involves demonstrating that they owed the plaintiff a legal duty of care, breached their legal duty of care, and thereby caused the plaintiff’s injuries. It is also essential to measure a claimant’s losses to establish that they sustained compensable damages due to their injuries.
The duty that a property owner has to an individual depends on whether the injured person was an invitee, licensee, or trespasser at the time of the accident. A landowner owes the most responsibility to invitees, or individuals invited onto the premises for the good of the owner. However, a proprietor is not obligated to ensure the safety of trespassers, who are not authorized to be on the premises at all.
The property owner could be liable for failing to ensure that their land is free from hazards. Depending on the circumstances of the claimant’s property accident, the owner could also be liable if they were aware of or should have known of the dangers on their premises but failed to resolve them regardless. A premises liability attorney in Johns Creek could thoroughly investigate responsibility in the claimant’s case to determine if the owner could be held legally responsible.
Compensation in Johns Creek Premises Liability Cases
Premises liability injuries can be severe and even result in permanent physical impairment. For example, severe head trauma, spinal cord injuries, broken bones, and skin lesions are commonly associated with property accidents.
Accordingly, an injured person could receive compensation for their lost wages and medical bills, as well as more subjective losses like pain and suffering, emotional distress, and future lost earning ability. The presiding judge may also award punitive damages if the property owner’s lack of care was intentional or particularly egregious.
Statutory Deadline for Filing a Claim
According to Official Code of Georgia Annotated §9-3-33, the statutory deadline to file a personal injury case is two years from when an incident happens. When someone is involved in a premises liability accident such a trip and fall, he or she must generally file a civil claim within two years. Otherwise, their request may be dismissed, and they may be barred from obtaining any compensation whatsoever.
Speak with a Johns Creek Premises Liability Attorney Today
A Johns Creek premises liability lawyer who understands the complexity of these cases could help you with all aspects of your case. One of our attorneys could handle all interactions with the property owner’s insurance company and work diligently in pursuit of your full financial recovery. Set up your consultation with a Johns Creek lawyer today.