A common person with no history of legal lawsuits can find it difficult to handle legal cases. And a person in Atlanta will need to hire an attorney for that because Atlanta premises liability attorney is what you need in such cases. Sometimes, people will want to handle all their negotiations and fair rewards in their premises liability cases. But don’t underestimate the percentage of increment you can get on your case by just having a professional with you.
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When you visit a commercial property, a residential building (someone’s home), or a private business area, you don’t want to get injured in any way. Also, since you don’t expect to be injured, that’s why there are a lot of risks that you don’t take into account. That’s the reason why you need to have an attorney in your contacts in Atlanta. Because in Atlanta, premises injuries happen a lot and you don’t want yourself to go through the trouble of bad health and broken bones with no compensation paid.
When you slip and fall, get electrocuted, or get assaulted by anyone posing criminal act, you will have to sue them for that. That includes the premises owner and its occupier who didn’t take precautionary measures to prevent that from happening.
The reason you were on that property
The first thing a lawyer would ask you if you get injured on someone’s property, that what your status on that property was. There are three main status attributes in this matter. An invitee, a licensee, and a trespasser. So, if you’re a trespasser, don’t mind your injuries and immediately get medical help because the property owner is not liable for anything that happened to you. But if you’re an invitee or a licensee, according to the local laws of Atlanta, you will get compensated for your injuries. That’s why you should immediately call your Atlanta premises liability lawyer after calling for medical help.
Proving the legal obligations and causation of your injury to court
Once you’re done with calling your lawyer at the site, you will need to tell every little detail of the accident. This is so that your lawyer will have to prove the negligence in the duty of care the premises owner or occupier didn’t provide. Because even if you’re not invited by them, still they need to provide some duty of care to their property to make it reasonably safe for the visitors. There are four things your lawyer needs to establish to strengthen your case in the court of law.
- Duty: In the court, you or your premises liability attorney will have to prove that there was negligence in the duty of care by the premises owner. The most duty of case for the premises is liable when the visitor is there for the property owner’s benefit, especially financial benefit. Similarly, the least duty of care is due to the owner for trespassers. In fact, in that case, they only have to refrain from intentional damages to the person but no other duty of care is to be provided to the trespassers.
- Breach: After proving that the premises owner was liable to some duty of care, now your lawyer will need to prove that they didn’t provide that duty of care to their premises. It should have been, at least, reasonably safe for everyone.
- Causation: The plaintiffs will have to prove that they were injured by the premises owner’s negligence directly. Because the defendants are only liable to the injuries caused by their negligence and not anyone else’s negligence.
- Damages: Damages are the most contested points in a liability case. This can range from any financial loss like your medical bills and all to your mental distress and loss of life enjoyment. Your lawyer needs to prove everything at max to get you compensated the most in your case. Also, they should be able to prove what they say in a court of law to get you rewarded by the defendants at all costs.
But before you decide to bring someone to justice, you must know about “open and obvious.” In the premises law of Georgia, there is a term called open-and-obvious that is often used by defendants to save them from paying liability duties. They might also use this against you. This term implies that the plaintiff was negligent and ignored the obvious reason for an accident. There might be a signage, an open and obvious pothole, or something like that. So, your lawyer also needs to prove that the cause of the accident was not an open and obvious reason. Otherwise, you may get very little or no compensation for your accidental injuries. And this is common sense that if the defendants prove your accident happened because of an open and obvious reason then you might not even be heard in the court as well.
In Georgia, you must seek medical attention if you’re injured. No matter how you get injured, medical attention is a must-do first step. After that, you can hire a legal representative for your case of compensation. But the time duration for filing a case for compensation in Georgia is 2 years. If you somehow fail to file a case against the defendant’s body within two years of your accident, you will lose your chance to get compensated at all. The 2-year time for filing your case starts from the day you got injured so beware of that as well.
Conclusion
Atlanta premises liability attorney will help you get everything the defendants owe you in case of any injury caused by their negligence. But there are some responsibilities for you as well. Just like you have to be careful to not get injured for some open and obvious reasons. In fact, why would someone get injured on purpose, but still, be careful when you go outside or to someone’s house? It is better to be safe rather to regret later.
FAQs – Frequently Asked Questions
What is the premises liability law in Georgia?
The premises liability law in Georgia states that any property owner or occupier must correct the negligent causes or at least clearly warn others about the common causes of injury. Like dog bites, elevator or escalator failure, uneven staircase steps, or anything that can lead to fatal injury or wrongful death.
What is the statute of limitations for premise liability in Georgia?
The premises liability law Georgia says that you have to file the premises injury cases or other personal injury cases within two years of your injury. The time of two years starts from the day you got injured.
Is Atlanta good for lawyers?
According to recent stats, Atlanta has the highest demand for legal representatives. It’s because there are a lot of cases with very few or almost no legal representatives.
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