After an injury on someone’s property in Athens, you have legal options. The property owner could be responsible for the costs of your medical bills, pain, and missed income. But don’t wait to find out—talk to an Athens premises liability attorney.
Our lawyers will help you file a claim for the money you deserve. We have 20 years of experience under our belts, and we’re not afraid to stand up for your rights. With a reputation as the Strong Arm, we’ve won over $1 billion in our clients’ results.
Get a free consultation with John Foy & Associates today. Call (404) 400-4000 or contact us online.
What does Premises Liability Mean?
“Premises liability” is a type of injury law. It holds property owners responsible for injuries or deaths on their land.
According to OCGA §51-3-1, property owners must keep their locations safe for people who can legally be there. If someone suffers injuries or dies because the owner wasn’t careful, the owner should pay. Renters of a property can also be responsible for injuries.
Someone can become injured by:
- Slippery or wet floors
- Poor security
- Non-functioning stairs or elevators
- Inadequate lighting
- Cracked or broken pavement
- Potholes
- Curled up rugs or carpeting
- Fallen merchandise
- Spilled food or beverages
These are just a few examples. Any physical damage on someone’s property could mean a premises liability lawsuit. But property-related cases are complicated.
The property owner will look for ways to avoid blame. The business might blame you, saying you could have been more careful. The owner may also claim that there wasn’t enough time to notice the dangerous condition that hurt you.
Because these claims are confusing, you should speak with a lawyer. Contact an attorney who works on premises liability laws in Georgia. You can learn your legal options and protect your rights.
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Who Is Responsible If You’re Hurt on Someone’s Property?
The property owner or someone who rents the property is probably at fault. If so, you can file a claim to recover money for your damages.
Sometimes, a third party is liable for an injury. For example, suppose a trespasser attacks you at an apartment complex due to inadequate security. The apartment owner and the attacker could both be responsible.
Every situation is different. When you talk to a lawyer, tell them about what happened. They can investigate who is legally accountable.
How to Seek Compensation for Your Accident
If you were hurt on someone else’s property, you might deserve financial compensation. Here’s what you need to know.
Knowing the Duty of Care
Property owners owe the highest duty of care to invitees. A “duty of care” means an obligation to keep the premises safe. Invitees are people who enter a property with “express or implied” permission – you probably fall into this category.
Licensees are those who can enter the property legally but are there for their own interests. Property owners owe less of a duty to licensees. For example, owners could be liable if they knowingly allowed a licensee to be in danger.
The last category is the trespasser, someone who does not have permission to be on the property. Property owners cannot willfully injure trespassers, but there are probably no grounds for a legal case.
Building Your Claim
Premises liability cases depend on negligence. Negligence is a legal term for being careless. For instance, a property owner can be negligent in keeping their area safe.
When negligence leads to an injury, the owner is responsible. Here’s an example:
- A grocery store customer spills a drink in one of the aisles.
- A store employee sees the spill but does not clean it up or block off the area.
- Due to low lighting, a customer doesn’t see the spill and slips and falls. The customer suffers a broken wrist and bruises.
Because an employee failed to act, the store could be found responsible for the customer’s injuries. As an injured person, you can request compensation through an insurance claim against the property owner or business. Your claim must prove that the owner’s lack of care led to your damages.
Negotiating or Going to Court
After you file a claim, the insurance company can respond. Most of the time, you’ll get a lowball offer. The first offer is never enough to cover all of your costs.
Thankfully, you can send a counteroffer. If you don’t already have an attorney, it’s best to get one. Your lawyer will know how to negotiate for what’s fair to you.
Most claims end with a settlement in this way. However, you can choose to take the property owner to court. Going to trial can be a good idea if you cannot get a reasonable settlement offer.
Talk to a Trusted, Experienced Lawyer
Property injury claims are not straightforward. You will need skilled legal help if you want to pursue maximum compensation.
Sadly, one (or several) Google searches won’t tell enough about your specific case. Instead of trying to research things yourself, you talk to a professional. At John Foy & Associates, we’ll provide advice targeted to your needs and rights.
We’ll handle the legal details while you focus on healing from the incident. You can rest assured knowing your case is in capable hands. Plus, you pay us nothing unless we win your case.
What Damages Can You Recover?
If someone else’s actions injured you, you shouldn’t have to pay for the costs. Any losses you’re trying to recover are your “damages.” There are two main types of damages:
- Economic damages
- Non-economic damages
Economic Damages
Economic damages are financial costs. They directly result from your injuries. Economic losses include:
- Doctor and hospital costs
- Prescription medication expenses
- Lost wages
- Property damage
Thankfully, you can easily show these damages through documents like records and receipts.
Save all proof of your expenses after your injuries happen. Also, take pictures of your injuries and any property damage. The more evidence you can compile, the better it will be for your case.
Your lawyer will consider and add up all the financial losses you have. In some cases, these damages can total tens or hundreds of thousands of dollars (or more).
Non-Economic Damages
Non-economic losses include pain and suffering or emotional distress. There is no set dollar value for pain and suffering, so you will need to use a formula. Your attorney will determine what you should deserve in compensation for non-economic costs.
Injury accidents can take a considerable toll on anyone. For example, you might be unable to do things you used to enjoy. You could also have emotional trauma from the accident.
In some cases, people become disabled or lose their lives from an accident on someone’s property.
Be open and honest with your attorney about how the accident has affected you. They will determine your total damages and what type of compensation you should receive. Then, your lawyer will fight to recover everything you deserve—so you can start to get your life back.
The Clock Starts Ticking Immediately
Unfortunately, time doesn’t wait for the law. From the moment your injury happens, you have two years or less to take legal action. And that time flies by.
Don’t miss your chance to recover money for what was taken from you. Call us today to make sure you file within the deadline.
Talk to an Athens Premises Liability Attorney for Free
Get a free, no-strings-attached case review with our team at John Foy & Associates today. You pay nothing upfront—and nothing at all unless we win.
Call us at (404) 400-4000 or contact us online for your free consultation. We are available 24/7 to take your call.
706-400-4000 or complete a Free Case Evaluation form