Atlanta Premises Liability Attorney
Metro Atlanta’s explosive growth makes it a hotspot for premises liability injuries. When construction, commerce, entertainment, and vacation activities bring people together, injuries often occur. If you or a loved one were injured on someone else’s property, the responsible party should pay.
Premises liability is about more than just slip and fall accidents. Drownings, electrocutions, violence, and unrestrained pets also cause injuries for which property owners should be held to account. Any of these incidents can cause catastrophic injuries and fatalities. Consider some statistics:
- The CDC reports that 8,000 children receive fall-related emergency room treatment each day.
- 2018 National Spinal Cord Statistical Injury Center data show falls as a contributing factor in 31 percent of spinal cord injuries.
- OSHA’s Construction’s Fatal Four—falls, struck-by-object, electrocutions, and caught-in/between incidents—generate 63 percent of all construction worker deaths.
- The National Data and Statistical Center 2018 Brain Injury Fact Sheet reports falls as a 27 percent causative factor for brain injuries.
- The CDC reports that one in five drowning deaths involve children under 14-years old.
- Nonfatal drowning injuries often include brain damage.
At Hasner Law, we believe that people and companies should pay for harm they cause others. That’s why our attorneys focus on personal injury cases only, and why one of our core areas of practice involves holding property owners responsible for unsafe conditions that injure their visitors.
If you have sustained injuries in an accident on someone else’s property in the Metro Atlanta area, whether by slipping and falling in a store, tumbling down in a poorly-maintained stairwell, or getting hurt on a construction job, you may be entitled to significant compensation. Contact the experienced personal injury attorneys at Hasner Law today to schedule a free consultation.
Our Experience and Commitment to Our Clients
Our firm has over 80 combined years of experience representing Atlanta personal injury victims. We dedicate our firm’s energies and resources toward holding parties accountable for the harm they’ve caused our clients. Every premises liability case is unique and we can never promise a particular outcome for a client. But, we can promise to work tirelessly in our clients’ interests to try and achieve the best possible result that the law and circumstances allow.
What Conditions Cause Premises Liability Issues?
A poorly-maintained property, uncorrected hazard, or inadequate warning set the stage for serious, catastrophic, and even fatal injuries. When a property owner could have prevented these injuries by taking reasonable steps, the property owner may have liability to the victim. The following is a list of property conditions that may lead to a property owner having liability to a visitor injured at the property:
- Inadequate safety and security measures
- Poorly-maintained stairways and landings
- Poorly-maintained amusement park rides
- Ineffectual or non-existent swimming pool safety and warnings
- Unsafe diving boards and slides
- Improperly-maintained elevators and escalators
- Hazardous merchandise displays
- Improperly-grounded electrical equipment
- Improperly-maintained or poorly-signed parking lots, landscapes, and walkways
- Unrestrained or at-large dogs
- Inadequately-maintained floors, including those with loose tiles, unmarked changes in slope or level, or slippery surfaces.
- Defective handrails
What Injuries Do Premises Liability Incidents Cause?
WISQAR, the CDC’s injury data tool, tracks fatal and nonfatal injury causes across the country. The data reveal that falling causes injuries more frequently than any other incident that could trigger premises liability.
Nationally, the CDC tracks an average of 800,000 fall-related emergency room visits each year. Data from the National Spinal Cord Injury Statistical Center show falls as a 31 percent factor in spinal cord injuries. Traumatic Brain Injury Model Systems statistics record falls as a 27 percent factor in brain injuries. Each year falls cause 300,000 hip fractures that hospitalize older adults.
Drowning incidents also cause serious injuries and fatalities with children as the most frequent victims. Each day children drown while playing in back yard, hotel, and resort area pools. Falls, violence, crimes, dog bites, fires, chemical burns, and other incidents leave victims with permanent disabilities, lost bodily functions, and reduced life expectancies from these and other injuries. Common injuries from accidents caused by property conditions include:
- Traumatic brain injuries
- Spinal cord injuries
- Paralysis and partial paralysis
- Fractured hips
- Internal organ damage
- Anoxic brain damage
- Lacerations, puncture wounds, and bite marks
- Chemical burns and scars
- Fatal Injuries
Who Is Responsible for Premises Injuries?
Georgia law outlines a property owner’s legal duties to property visitors. The law assigns differing duties depending on the visitor’s status on the property. A visitor can be an invitee, a licensee, or a trespasser. Here are the property owner’s duties to each:
- Invitee: When a person is on a property because of an owner’s …express or implied invitation, the owner must exercise “ordinary care” to ensure visitor safety. A customer of a store is usually an invitee.
- Licensee: A licensee is on a property but isn’t an invited guest, a worker, a contractual associate, or a trespasser. An example is a social guest who visits a property for a free event or for other self-interests. When a visitor is a licensee, the owner is liable only for willful or wanton injury the owner could have prevented.
- Trespasser: When a person enters a property without express or implied permission, that person is a trespasser. The property owner must avoid deliberate harm. Children age 5 and under cannot be considered trespassers.
An owner is legally responsible when a property lacks compliance with a statutory standard of care. A property owner’s maintenance, security, management, and other subcontractors are also responsible for their actions or omissions. Lack of warnings, unrestrained dogs, poor maintenance and warning failures promote visitor injuries.
Damages Premises Injury Victims May Recover
Personal injury victims may recover have the right to recover two categories of damages: economic damages and general damages.
Economic damages are based on out-of-pocket costs the injured person incurs. They also include estimated future costs. They include:
- Current and future lost wages
- Diminished earning capacity
- Medical expenses, hospitalization, and medications
- Prosthetics and mobility devices
- Physical and emotional therapy
- Medical transportation
- Care and household services
- Funeral expenses
General damages require a subjective evaluation of the harm an injured person has suffered. They may include:
- Pain and suffering
- Emotional distress
- Diminished spousal and family relationships
- Inability to care for family
- Loss of bodily functions
- Scarring and disfigurement
- Permanent disabilities
In rare cases, general damages may also include punitive damages if an injured plaintiff presents clear and convincing evidence that a defendant’s actions constituted willful misconduct, malice, fraud, wantonness, oppression or other egregious acts.
Strategies Property Owners May Use to Defend Against Premises Liability Claims
Property owners, their insurance companies, and their defense attorneys sometimes choose court confrontations over reasonable settlement negotiations. They may do this out of a belief that a plaintiff cannot present the critical evidence necessary to prove liability. Or, they may believe the plaintiff will want to settle a case rather than fight in court for months or more. Whatever their reasons, at Hasner Law, we have the experience and commitment to our clients to give thoughtful, sophisticated advice about when, how, and in what ways to take the fight to our opponents in order to achieve a result that serves our clients’ best interests.
Contact Our Atlanta Premises Liability Attorneys
If you sustained an injury on someone else’s property in the Atlanta, Georgia area, we may be able to help you recover the compensation you deserve. Hasner Law works tirelessly protecting our clients’ rights and helping them heal from catastrophic injuries and losses. Contact our Atlanta office online or at 678-888-HURT (4878) to schedule a free consultation with a member of our team.