Atlanta Premises Liability Lawyer
A premises liability claim is initiated to hold a property owner accountable for injuries and damages resulting from an accident on the property. Property owners, whether individuals or businesses, are obligated to take reasonable measures to uphold a safe environment for visitors. Failing to do so may lead to a premises liability claim. These claims are often intricate, necessitating the assistance of an experienced attorney to safeguard your rights and ensure all responsible parties are included in the claim.
Common Types of Premises Liability Claims Various incidents fall under premises liability claims, including:
- Slip and fall
- Dog bite
- Negligent or inadequate maintenance
- Negligent or inadequate security
- Retail store or mall liability
- Dangerous condition on property
- Injury in a swimming pool
- Grocery store or restaurant liability
What Parties Should Be Held Responsible?
Premises liability claims complexity lies in determining the responsible parties. For instance, who is liable in a situation involving a leased commercial property or an apartment building? Typically, a landlord may not be directly responsible for a tenant’s guests due to the presumption that the tenant controls the property. However, exceptions may arise, such as with a latent defect, a concealed and dangerous condition the tenant was unaware of at the property’s possession.
In cases where the apartment owner was aware of potential hazards, like a faulty staircase or falling ceilings, proving liability against the landlord becomes more straightforward.
Dog Bite Cases
Dog bite cases present another layer of complexity under Georgia law. Historically, courts followed the one-bite rule to assess whether the dog owner knew of the dog’s violent tendencies, requiring a prior biting incident. However, in 2017, the Georgia Supreme Court ruled that a dog snapping at someone, even without an actual bite, could be sufficient for the owner to be aware of the animal’s aggressive nature.
How to Strengthen Your Premises Liability Case
If you experience a slip and fall in a public place, taking immediate actions can bolster your case. If not severely injured, capture photos at the scene depicting the hazardous conditions. Report the incident to the manager and gather names of witnesses. Seek medical attention promptly if visibly injured, as any delay in treatment may detrimentally impact your case.
In instances where an incident occurs in a poorly lit parking lot despite repeated requests to your landlord for improved lighting, photograph the dark conditions and the incident location. While your attorney may send an investigator to recreate the incident, photos from the time of occurrence are invaluable in establishing liability.
The Johnquel Neal Firm will help you navigate the complexities of your case and advocate for your right to justice.
