Atlanta Premises Liability Lawyer

Being injured on someone else’s property can leave you emotionally and physically scarred and in need of expensive medical treatment and time off from work. When your injury was caused by the negligence of the property owner or lack of proper security, it can feel like a betrayal. At Monge & Associates, we understand the pain and frustration you may be experiencing, and we are here to help. Start your journey to the pursuit of justice with a free consultation today.

Atlanta Premises Liability Resources

To immediately access the resources at any point on this page, click the corresponding links below.

How an Attorney Can Help
Types of Premises Liability Cases
What Are a Property Owner’s Duties in Atlanta?
Premises Liability Incidents Involving Children
How Can a Property Owner Fail to Keep You Safe?
Proving Liability After an Accident
Potential Compensation in a Premises Liability Lawsuit
Where Do Premises Liability Accidents Happen?
What Could Happen Without Proper Security?
Georgia Laws on Negligent Security
Elements of a Successful Negligent Security Claim
Defenses to a Negligent Security Claim
Hiring an Atlanta Premises Liability Lawyer
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Atlanta Premises Liability Lawyer

How an Atlanta Premises Liability Lawyer Can Help

After a sudden injury on someone else’s property, it can be difficult to know what to do next. You may be tempted to handle any insurance claims or legal actions by yourself, but during your recovery, handling the legal complexities can be challenging. In these situations, you need an attorney by your side.

An Atlanta premises liability lawyer can be instrumental in guiding you through the complexities of your case. Your lawyer can provide valuable support and expertise to guide your claim, offering several advantages in various aspects of your case:

  • Evaluating Your Case: Your premises liability attorney will meticulously assess the specifics of your incident, including analyzing the circumstances of the accident, the extent of your injuries, and the property owner’s liability. This comprehensive evaluation is the cornerstone of building a strong case.
  • Understanding Legal Obligations: The lawyer will clearly explain the legal duties of property owners in Atlanta, specifically tailored to your situation. Whether you are an invitee, licensee, or trespasser, your attorney will demystify how these roles influence your case, ensuring you understand your legal standing and the property owner’s liability for your injuries.
  • Gathering Evidence: An essential aspect of your claim is the collection and preservation of evidence. This includes acquiring surveillance footage, witness statements, and accident reports. Your lawyer’s ability to effectively gather and utilize this evidence can significantly impact the strength of your case.
  • Negotiating with Insurance Companies: Dealing with insurance companies can be challenging. A lawyer will handle all communications and negotiations on your behalf, ensuring that your interests are robustly represented and that your best interests are protected. Your attorney will also evaluate any offers that you receive to verify that they are fair.
  • Legal Representation in Court: If your case proceeds to trial, having a lawyer with courtroom experience is invaluable. They will present your case in front of the judge and jury with expertise, aiming for the best possible outcome. Your attorney’s knowledge of legal procedures and ability to articulate your case before a judge and jury can make a significant difference in the resolution of your claim.

Types of Premises Liability Cases

Premises liability law governs liability for a wide range of accidents that can occur on someone else’s property. Slip and falls, inadequate maintenance, negligent security, and dangerous conditions are just a few examples of the types of premises liability cases our law firm handles. Each premises liability case is unique and requires a thorough understanding of the law to build a strong claim. Our experienced premises liability and slip and fall lawyers in Atlanta have successfully represented clients in cases like these since 1993.

What Are a Property Owner’s Duties in Atlanta?

Property owners in Atlanta have specific legal obligations to ensure the safety of those who enter their premises. These duties vary based on the visitor’s status. Georgia law recognizes three types of visitors: invitees, licensees, and trespassers.

  • Duties Towards Invitees: An invitee is a person who enters a property for a purpose that benefits both the person and the property owner. Common examples include customers in a store or clients in a business office. Property owners owe the highest duty of care to invitees. They must regularly inspect their premises and address any hazards promptly. Failure to do so can result in liability for accidents.
  • Duties Towards Licensees: A licensee is a person who enters a property for their own purpose or as a social guest, with the property owner’s permission but without any commercial or business benefit to the property owner. When dealing with licensees, like social guests at a party, property owners are not obliged to remedy all potential hazards. However, they must warn guests about any non-obvious dangers.
  • Duties Towards Trespassers: A trespasser is someone who enters or remains on a property without the owner’s permission or legal right. Generally, owners owe a minimal duty of care to trespassers. They are not required to warn them about hazards unless the actions of the property owner are willful or reckless.

In scenarios where a visitor’s status is ambiguous, such as a friend who is also a potential buyer of products from a home-based business, the legal duties can be complex. An attorney can provide clarity and guidance in these instances, helping identify the property owner’s liability and whether legal action is viable.

Premises Liability Incidents Involving Children

Special considerations apply in premises liability cases that involve children, especially in trespassing situations. Generally, an owner may be liable for injuries to children if the following conditions are present:

  • The owner knew or should have known that children would trespass on the property.
  • The owner was aware of or should have been aware of a hazardous condition that could harm children.
  • The child was not aware of the dangerous condition or did not understand the extent of the danger.
  • The owner could have fixed the hazardous condition and it would have posed a minor burden compared to the risk of injury, or the owner did not exercise reasonable care to remove the condition.

For example, say that an owner has a pool on the property that is alluring to children. If a child falls in the pool and drowns, the owner might be held liable if they failed to take reasonable precautions to prevent injury, such as putting up a fence.

How Can a Property Owner Fail to Keep You Safe?

Property owners are legally obligated to maintain a safe environment for those who visit their premises. Unfortunately, some owners neglect their duty and fail to take the necessary precautions to prevent accidents. They may disregard proper maintenance, ignore hazardous conditions, or neglect to provide adequate security measures. When a property owner fails to keep you safe, they should and can be held accountable for the harm you suffer.

How Can Liability Be Proven After an Accident?

To recover compensation in a premises liability claim, you will need to gather enough evidence to prove the property owner’s negligence. Generally, you and your attorney will gather enough evidence to prove that all of the following facts are true:

  • The defendant owns, leases, or resides on the property where the accident occurred.
  • A dangerous condition existed on the property.
  • The property owner was negligent in maintaining the property and failed to remedy or warn about the hazard.
  • You were owed a duty of care by the property owner, which is based on your status as an invitee, licensee, or trespasser.
  • The dangerous condition caused your injuries and these injuries resulted in damages that you could claim in your lawsuit.

Potential Compensation in an Atlanta Premises Liability Lawsuit

In a premises liability lawsuit in Atlanta, you may be entitled to a range of damages that address both direct and indirect consequences of the incident. Monetary damages are a significant part of that compensation, designed to cover financial losses. This includes medical bills for treating injuries sustained in the incident, lost wages due to time off work for recovery, and any reduction in future earning capacity.

Non-monetary damages are equally important. They are intended to compensate for physical pain, emotional distress, and the overall loss of enjoyment of life resulting from the accident. These damages recognize the personal and psychological impact of the injury, which often extends beyond physical harm.

Where Do Premises Liability Accidents Happen?

A premises liability accident can happen anywhere. Whether it is a shopping mall, hotel, apartment complex, or parking garage, no place is immune to the risk of accidents caused by negligent property owners. Whether you were injured in a public place, private property, or a commercial establishment, our Atlanta premises liability lawyers have the experience to handle your case.

What Could Happen Without Proper Security?

Inadequate security can have severe consequences. Without proper security measures, innocent individuals can become victims of crimes such as assault, robbery, or even kidnapping. Dark parking lots, broken locks, lack of surveillance cameras, and insufficient security personnel can all contribute to an environment where criminals can thrive. If you have been a victim of negligent security, we are ready to fight for your rights.

Georgia Laws Governing Negligent Security

The law recognizes the importance of maintaining proper security measures to protect individuals in Georgia. Property owners have a duty to provide a reasonable level of security to prevent foreseeable criminal acts. Failure to do so can make a property owner liable for any injuries resulting from such acts. Understanding the legal framework is crucial in building a successful negligent security claim.

Elements of a Successful Negligent Security Claim in Atlanta

For a person injured due to inadequate security on someone else’s property to establish a successful negligent security claim, the following elements need to be proven:

  1. Existence of a Duty of Care: The property owner must have owed a duty of care to the person who was injured. This duty involves taking reasonable steps to provide a safe environment.
  2. Breach of Duty of Care: It must be demonstrated that the property owner breached their duty of care by failing to provide adequate security measures.
  3. Injury Caused by the Breach: The breach of duty must be directly linked to the injury suffered by the victim.
  4. Harm Resulting From the Injury: The victim must have suffered harm, whether physical, emotional, or financial, as a result of the injury caused by the property owner’s negligence.

Defenses to a Negligent Security Claim

When facing a negligent security claim, property owners and their insurance companies may employ various defenses to dispute liability. Some common defenses to a negligent security claim include:

  • Assumption of Risk: The defendant may argue that the victim voluntarily assumed the risk of being injured by engaging in inherently dangerous activities.
  • Modified Comparative Negligence: Georgia follows a modified comparative negligence rule, which means that if the victim is found partially responsible for their injuries, their compensation may be reduced proportionately.
  • Contributory Negligence: In some cases, the defendant may argue that the victim’s own negligence contributed to their injuries, absolving them of liability.

Hiring an Atlanta Premises Liability Lawyer For a Negligent Security Case

Navigating the complexities of a negligent security case requires the expertise of an experienced Atlanta premises liability lawyer. By enlisting the help of a skilled attorney, you can ensure that your rights are protected and that you have the best chance of obtaining the compensation you deserve.

An Atlanta premises liability attorney will have a deep understanding of Georgia’s laws governing negligent security and will know how to build a strong case on your behalf. They will investigate the circumstances surrounding your accident, gather evidence, interview witnesses, and consult with experts if necessary to establish negligence on the part of the property owner.

Moreover, an attorney experienced in premises liability cases will have a comprehensive knowledge of the defenses commonly used by property owners and their insurers. They will anticipate these defenses and craft a solid strategy to counter them, ensuring your case is presented effectively.

Contact an Atlanta Premises Liability Lawyer at Monge & Associates

At our Atlanta personal injury law firm, we are dedicated to fighting for the rights of individuals who have been harmed due to the negligence of property owners. Our team of skilled and compassionate premises liability lawyers will provide you with the personalized attention and strong advocacy you need during this challenging time.

Time is of the essence when it comes to filing a premises liability claim. Wait too long and evidence may deteriorate, witnesses’ memories may fade, and the statute of limitations may restrict your ability to recover compensation.

Contact Monge & Associates today at 888-653-0605 for a free consultation. We will listen to your story, assess the merits of your case, and guide you through the legal process. Remember, you don’t have to face this battle alone. We are here to stand by your side and help you pursue the justice and compensation you deserve.