Entering a person’s private property or a place of business as a guest should not be a risky act. Unfortunately, though, accidents resulting from the failure of owners or occupiers to take necessary action to keep their premises safe are more common than you might expect.
If you are injured on another’s property due to unsafe conditions, get in touch with a Marietta premises liability lawyer as soon as possible. A qualified personal injury attorney could help you bring a cause of action against the owner or occupier to hold them accountable and recover fair compensation for your losses. En Español.
Typical Types of Premises Liability Accidents
Many dangerous conditions exist on both residential and business properties, and everything from restaurants and malls to hotels and private residences can pose a risk of serious injury. Among the most common threats to property visitors are accidents that occur due to:
- Snow and ice;
- Spills or wet surfaces;
- Uneven or unsecured flooring;
- Inadequate lighting;
- Broken stairs or missing railings;
- Toxic fumes or chemical exposure;
- Malfunctioning smoke detectors;
- Falling items.
In order to protect visitors from suffering injuries on their property, owners and occupiers have a duty to take the necessary steps to maintain a safe environment and repair dangerous conditions as they arise. When they fail to do that, a Marietta premises liability lawyer could help you bring a cause of action for negligence.
Establishing Negligence in Premises Liability Cases
Georgia Code §51-3-1 imposes certain responsibilities on property owners. Specifically, an owner or occupier of land who invites others onto their premises, whether explicitly or not, can be held liable for any damages the person suffers that result from the failure to exercise reasonable care in maintaining the premises in a safe condition.
In Marietta, a plaintiff filing a lawsuit for injuries sustained on another’s property must prove that the owner’s or occupier’s negligence was a direct and proximate cause of their injuries. To meet this burden, the plaintiff and their attorney must prove that the defendant in the case:
- Owed them a duty of care;
- Breached the duty through their actions or inaction;
- Caused them to suffer injuries as a result of their breach.
The plaintiff must also establish that they suffered actual damages from their injuries. These damages can include bills for medical care and treatment, both immediately following the accident and in the future, as well as lost wages and loss of future earning capacity, pain and suffering, emotional distress, and disfigurement.
Even if the plaintiff’s own actions contributed to the incident that resulted in their injuries, they can still recover damages if they were less than 50 percent responsible for the accident, with recoverable damages reduced proportionately by the amount of their fault. If you have questions about the potential damages you could recover from your case, a premises liability lawyer in Marietta could provide further clarification.
How a Marietta Premises Liability Attorney Could Help
Premises liability cases can be complex, involving multiple parties, structural and engineering inspections, maintenance records, and more. Fortunately, a seasoned Marietta premises liability lawyer could help you prove the defendant’s or defendants’ negligence and fight for the compensation—and justice—you deserve. Call today to get started on your case.