On Your Side After An Injury On Someone Else’s Northwest Georgia Property
Georgia property owners have a duty to keep their property reasonably safe for people they invite onto the grounds. This applies to private homeowners, apartment buildings and retail stores, alike. If a property owner’s negligence creates a dangerous condition on their property and leads to a visitor’s injury, that visitor could have a premises liability case against the owner.
At The Waycaster Firm, I help clients in Dalton and throughout the northwest part of the state in many types of personal injury cases. After more than 40 years of practice, I have seen just about every kind of personal injury case, including many premises liability cases.
What Is Dangerous Or Unsafe Property?
When you enter someone else’s property, you probably have certain expectations about its safety and likely are not looking for dangerous conditions. Examples of dangerous conditions and their potential accidents include:
- Slippery surfaces – A wet floor or spilled food could cause a slip-and-fall accident, resulting in bruises, strains and sprains and may even cause broken bones or a head injury.
- Tripping hazards – Loose floor mats, uneven sidewalks and holes can cause someone to trip and fall, which may cause similar injuries to a slip-and-fall.
- Pools and bodies of water – Pools are a drowning hazard, of course, and owners must take proper precautions to prevent people from entering a dangerous situation, especially children.
- Inadequate lighting – This can cause multiple problems, both as a walking hazard and as a lack of security in a place where someone might be attacked.
- Falling debris – Items falling from store shelves or at a construction site can land on a person’s head and cause severe injuries, or even death.
- Animal attacks – Attacks from a person’s pet, like a dog bite, can actually happen anywhere, but the pet owner is responsible for controlling the animal.
These are only some common examples. If a Dalton owner knows of any dangerous condition, they must warn visitors of it or correct the problem. This is why you see signs up warning of a slippery floor when someone is mopping at a supermarket.
You Can Rely On My Experience
Whatever type of negligence your case involves, I have probably seen it. Whatever type of injury you have, I have probably seen it. I know what steps you should take, from your first to your last. You can count on my experience to guide you throughout the process. In addition, if you have lost a loved one due to someone else’s negligence, I have experience handling wrongful death cases.
Frequently Asked Questions About Premises Liability
Property injury cases often raise many important questions. Based on my decades of experience handling premises liability claims in Northwest Georgia, here are answers to some common questions I receive from clients:
Is there a time limit for filing a premises liability claim in Georgia?
Yes – Georgia law sets a two-year statute of limitations for premises liability claims, starting from the date of injury. However, certain circumstances might extend or shorten this time frame. For government property claims, you must file a notice within six months. Claims involving minors may have extended deadlines until they reach age 18. If the property owner leaves Georgia, the time limit may pause. Missing this deadline typically bars you from pursuing compensation, which makes it critical to discuss your case with a lawyer promptly after an injury occurs.
Can a trespasser file a premises liability claim?
While property owners owe the highest duty of care to invited guests, even trespassers have limited legal rights in Georgia. Property owners cannot willfully or wantonly cause harm to trespassers. Additionally, if the trespasser is a child, property owners must take reasonable steps to prevent injuries from “attractive nuisances” like swimming pools or abandoned equipment that might draw children’s attention.
What steps should I take if I am injured on someone else’s property?
Document everything possible at the scene, including taking photos of the hazardous condition and your injuries. Report the incident to the property owner or manager immediately and ask for a written incident report. Seek medical attention right away, even if injuries seem minor. Keep all medical records, bills and related expenses. Avoid giving recorded statements to insurance companies before speaking with a lawyer. The more documentation you have, the stronger your potential claim becomes.
How do insurance companies typically handle premises liability claims?
Insurance companies often try to minimize payouts by arguing that victims were partially at fault or that the dangerous condition was obvious. They might claim the property owner had no knowledge of the hazard or insufficient time to address it. Some insurers offer quick, low settlements before victims understand the full extent of their injuries. Understanding these tactics helps injury victims better protect their rights during the claims process. Property owners’ insurance policies typically cover medical expenses, lost wages, pain and suffering, and other damages resulting from negligent property maintenance or security failures.
Bring Your Questions To Me
If you have questions about your own premises liability case, bring them to me for a free initial consultation. You can schedule an appointment using my online form or by calling 706-441-3940.