Every owner of a residence, business or other property is legally required to keep the premises reasonably safe for visitors. If you have been injured because of a dangerous situation or accident on someone else’s property, the premises liability attorneys at the Law Offices of Humberto Izquierdo, Jr., PC can help you seek the compensation and justice you deserve.
Contact us today by calling 770-888-8901 or completing the form on this page to schedule a free, no-obligation consultation. We welcome clients from across the Atlanta and Marietta areas of Georgia. Our lawyers work on a contingency-fee basis, which means that you don’t pay us unless we reach a favorable outcome in your case.
There are many details involved in premises liability cases, such as:
- What Is Premises Liability?
- Types of Dangerous Premises
- Common Premises Liability Injuries
- Compensation in Premises Liability Claims
- Slip and Fall Accidents
- Negligent Security
- Building a Successful Premises Liability Case
- Statute of Limitations for Premises Liability Claims
- Contact the Law Offices of Humberto Izquierdo, Jr., PC Today
What Is Premises Liability?
Premises are the buildings and land belonging to a landowner, usually a private property owner, organization or business. The term premises liability refers to the legal responsibility of proprietors for injuries sustained by people on their property. A number of personal injury claims can fall under the legal umbrella of product liability, including everything from slips, trips and falls to workplace accidents and crimes in dangerous parking lots.
Types of Dangerous Premises
Accidents can occur at virtually all types of properties. Here are just some of the many examples:
- Hospitals and nursing homes
- Hotels
- Restaurants and bars
- Shopping malls
- Retail stores
- Amusement parks
- Movie theaters
- Sports arenas
- Airports and Bus stations
- Grocery stores
- Parking lots
- Private homes
- Apartment buildings
Liability in these claims depends on several factors, including your status at the property. The three types of parties categorized in premises liability claims are:
- Invitee: A person invited onto a property for mutual benefit, such as a customer of a business.
- Licensee: This includes people such as house guests who visit a property under their own interests.
- Trespasser: This refers to anyone who enters premises without permission. Trespassers are not invitees or licensees.
Common Premises Liability Injuries
Since premises liability claims can involve various types of properties, the potential injuries associated with these cases vary greatly. Injuries caused by unsafe property conditions range from minor scrapes and bruises to catastrophic, life-altering disabilities and even death. Common premises liability injuries include:
- Fractures: Bones can crack or break when subjected to excessive force. Many fractures can be sufficiently treated with splints or casts. However, some complicated fractures require extensive surgery and rehabilitation. Depending on the severity of the injury and necessary treatment process, victims can be incapacitated for weeks or months, unable to work.
- Cuts and puncture wounds: The teeth of a violent dog can be just as dangerous as any weapon. When a dog attacks the face, head or neck of a victim, delicate facial bones can be damaged and fatal injuries can result. If you suffer a dog bite on someone’s property, you may be entitled to compensation for your medical bills, lost wages and pain and suffering.
- Internal organ damage: A fall on a construction site or other workplace accident can result in serious internal organ damage. These injuries can be life-threatening and require immediate medical action.
- Pinched nerves: The abrupt force inflicted on the body during a slip and fall accident can place extreme pressure on a nerve, pinching it. These types of back and neck injuries can result in painful inflammation and disrupted nerve functionality. Pinched nerves can produce symptoms such as tingling, numbness and pain as well as weakness or twitching of the muscles.
- Head trauma: Head and brain injuries cause a number of cognitive problems such as memory loss, mood swings, attention deficits, frustration and headaches. Severe cases of traumatic brain injury can result in impaired limb functionality, emotional troubles, abnormal speech and even states of comatose.
- Paralysis: Slips, trips and falls can sometimes cause serious spinal cord injuries that result in paralysis. Victims can be impaired temporarily or permanently, depending on the severity and type of paralysis. Paralyzed individuals often require extensive medical treatment, including surgeries, intense physical, speech and occupational therapies as well as long-term, full-time care.
- Death: Few events in life are more difficult than suffering the unexpected loss of a loved one. While no amount of compensation can ever replace a deceased family member, a wrongful death claim can ensure that those responsible are held accountable for their negligence.
Compensation in Premises Liability Claims
To hold a property owner liable for your injuries, you must prove either:
- The owner’s actions created a dangerous environment that led to your accident
- The owner knew about a hazardous condition and ignored it
- The owner failed to adequately warn the public about an unsafe situation
Damages sustained from dangerous premises can turn your life upside down. You may be facing debilitating injuries, mounting medical bills and time away from work. If your premises liability case is successful, you could be awarded damages for:
- Past and future medical bills
- Past and future lost wages
- Pain and suffering
Slip and Fall
Slip and fall accidents are among the most common types of premises liability claims. A bad fall can cause serious physical injuries. You may have been walking on a sidewalk or climbing a staircase of a public building when you slipped, tripped or fell. So long as you are not trespassing, property owners have an obligation to ensure their property is reasonably safe.
The conditions that lead to a slip and fall vary widely. Slips and falls can result from:
- Improperly maintained walkways
- Missing or broken handrails
- Objects obstructing floor
- Cracked or uneven pavement
- Insufficient lighting for walking surfaces
- Snow, ice, water or other slick walking surfaces
- Falling objects
Since these types of accidents tend to be common, victims often mistakenly believe they have no claim. You may attempt to shrug off your injuries and recuperate silently. That isn’t your only or best option. Our slip and fall attorneys understand Georgia law and know how to build your strongest case.
Negligent Security
Property owners have a responsibility to make sure their grounds don’t become safe havens for violent criminals. A lack of adequate security can create a dangerous environment in which you can sustain serious injuries.
When security is inadequate or absent, visitors are in danger of becoming the victim of violent crimes such as assault, robbery, abduction, rape or homicide.
Crimes can occur anywhere. If you are harmed because of a property owner’s lack of crucial security, you may be able to recover compensation from the property owner who allowed a security breach such as:
- No security guards
- Missing or broken locks
- Open gates
- Low or no lighting
- Failure to perform background checks on employees
- Failure to monitor existing security system
- Lack of electronic security
Our experienced negligent security attorneys have the skill, knowledge and resources to conduct a thorough investigation into the details surrounding the crime that led to your injuries. Our investigation may include:
- The examination of police reports
- Photographic evidence of the crime scene
- Interviews with security guards, employees and other witnesses
- Determining the proper installation and monitoring of security equipment
Building a Successful Premises Liability Case
Anything from a missing guard-rail to faulty surveillance equipment can lead to serious injuries or even death. If a property owner failed to take reasonable care to ensure the safety of visitors on his or her property, you may be eligible for compensation. When building your successful case, we will investigate a number of details, such as:
- Eyewitness accounts
- Medical records documenting your injuries
- Accident scene photographs
- Poor or non-working lights
- Past lawsuits and settlements
- Existing maintenance inspections, policies or procedures
- Failed inspections or negative safety reports
- Compliance with safety regulations
- Analysis from surveillance videos
Statute of Limitations for Premises Liability Claims
Both state and federal laws set strict deadlines for filing premises liability cases. These deadlines are referred to as the statute of limitations. If you fail to file before the statute of limitations expires, you can lose your ability to recover any compensation for your injuries.
The exact statute of limitations depends on the unique details of your case. In some cases, you have two years from the date of your injury in which to file a premises liability claim. However, in many cases, you are required to take action within a matter of weeks. This is why it is so important to speak with a qualified lawyer as quickly as possible.
Who Is Liable if Someone Falls on a Broken Piece of a Sidewalk and Gets Hurt?
Fault for sidewalk accidents depends on the nature of the incident and applicable local laws. For example, if someone trips on a broken section of a public sidewalk that is maintained by the city government, then they might have a claim against the city or municipality. If someone trips on a public sidewalk that should be maintained by the owner of the adjacent property, then the property owner may be liable. An attorney is best equipped to assess liability in these cases.
Do Building Owners Have To Have Safety Precautions in Case of Fires?
Property owners must maintain a reasonably safe environment for their visitors. Fulfilling this duty usually includes an obligation to prevent fires and minimize fire-related injuries. That might look like installing sprinkler systems and signing emergency escape routes in an office. It may also mean repairing faulty wiring and addressing other hazardous conditions on the premises.
This responsibility can vary depending on the type of property. It can also change based on local laws and regulations. Work with an attorney to determine fault for injuries caused by a fire.
Is Premises Liability the Same as Negligence?
Premises liability and negligence are not the same. The term premises liability refers to the legal responsibility for injuries resulting from unsafe property conditions. Meanwhile, negligence is a legal concept that must be proven when building these and other personal injury cases. It describes a situation in which someone failed to meet their legal duty to act with reasonable care.
Who Is Responsible in a Premises Liability Case?
Property owners often bear the responsibility in premises liability cases. It may fall to business owners or homeowners. Sometimes, other parties, such as landlords and tenants, may be liable. It depends on the circumstances as well as the procedures and laws of the state.
What Damages Are Typically Covered in a Premises Liability Lawsuit?
Damages available in a premises liability lawsuit vary based on the circumstances. They change depending on factors such as state laws and the nature and extent of the injury.
In general, the following damages may be covered in a premises liability lawsuit:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress
When Should I Contact an Attorney Regarding a Premises Liability Case?
You should contact an attorney if you have suffered an injury on someone else’s property. People often make the mistake of underestimating the extent of the injury and delaying legal action until it is too late. Other times, they feel awkward or guilty for pursuing a claim if they know the property owner. Our lawyer offers free consultations to discuss these considerations. In the end, you may need to take action to support your recovery and protect your finances.
Contact the Law Offices of Humberto Izquierdo, Jr., PC Today
If you live in the Atlanta or Marietta areas of Georgia and need to speak with an experienced premises liability lawyer, please contact the Law Offices of Humberto Izquierdo, Jr., PC today by completing the form on this page or calling 770-888-8901 to schedule your free, no-obligation consultation. Our attorneys work on a contingency-fee basis, which means that you pay no up-front costs and owe us nothing unless we win your case.
