Under Georgia premises liability law, property owners owe a duty of care to keep their property safe for any individual invited (explicitly or implicitly) on their property. However, many people must seek out the services of a Savannah premises liability lawyer because of injuries they sustained from an owner’s failure to obey this law.
If you or a loved one suffered an injury because of a property owner or proprietor’s negligence, you may be able to recover compensation. Speak with a Savannah personal injury lawyer who could assess the validity of your claim. En Español.
Premises Liability Claims
Dangerous conditions such as inadequate lighting, broken steps or handrails, slippery floors, poor maintenance, building code violations, cracked parking lots or sidewalks, and inadequate security are all factors which can lead to a premises liability lawsuit.
To prove the defendant liable for the accident, the individual or their Savannah premises liability attorney must also be able to prove:
- A dangerous hazard or condition existed on the property
- The defendant knew or should have known of the hazard
- The defendant had enough time and opportunity to address the hazard
- The defendant failed to take the necessary steps to remedy the hazard
- The defendant failed to warn of the hazard
- The victim’s injuries resulted from the hazard
One of the first steps the plaintiff in a premises liability suit may take is to send the defendant a spoliation notice instructing the defendant and their lawyer to preserve evidence such as security videotapes which show the accident, pre- or post-accident maintenance and cleaning logs, inspection reports, and repair records. They must also preserve all emails, reports, or other records documenting complaints about the hazard prior to the accident and all internal emails, memos, reports and any other records relating to the incident.
Damages Available to Savannah Victims
Savannah law allows victims to seek damages for certain losses the injuries caused. Though it will vary depending on the facts of a case, there are certain damages a Savannah premises liability attorney will generally seek.
Any medical expenses incurred for treatment of injuries, including emergency room treatment, doctor visits, surgeries, physical and occupational therapy, medical equipment, and medication. If the injuries require long-term or lifelong treatment, that may also be recoverable.
If someone is unable to work while they recover from their injuries, they may also receive compensation for that loss of income, as well as loss of benefits. If the injuries left the victim with a permanent disability, they may receive compensation for loss of future earning potential.
Pain and Suffering
People can also pursue damages for the pain and suffering endured and emotional anguish the injuries and accident caused. Other losses may include scarring, disfigurement, permanent disability, and loss of life enjoyment.
Ask a Savannah Premises Liability Attorney
A property owner should keep their land safe for invited visitors. When they negligently fail to do so and cause an injury, they may be liable. If they failed to fix a problem or warn visitors about a problem they knew or should have known about, they may have to pay for the damage they caused.
A Savannah premises liability attorney can meet and discuss the details of your case and offer guidance on how they may be able to help. Call an attorney to set up an appointment for a free case evaluation.