East Point Premises Liability Lawyer

East Point Premises Liability Attorney

Premises liability can be challenging to navigate at times. While it may be evident that you suffered an injury on a person’s or company’s property, it must be proven that the entity was negligent and liable for your injuries. If you have been hurt due to unsafe conditions on a property owner’s premises, you may be entitled to file a claim. An East Point premises liability lawyer can analyze your case and determine the true extent of your damages.

Why Choose Us?

At Nichols Injury Law, we understand the complexities of navigating a premises liability claim. At times, it can be tough for an individual to gather the evidence they need to prove the owner’s negligence on their own. We can help you gather all the materials you need to make your case and fight for the greatest outcome, getting you the compensation you deserve.

We understand that these types of injuries not only take a financial toll but also add emotional and mental stress to those affected as well. Our firm offers the legal counsel you need, compassionate support, open communication, and a proven record of favorable settlements for our clients. We are committed to seeking the justice you deserve.

What Is Premises Liability?

Premises liability is the legal responsibility borne by property owners to ensure that their premises are safe for occupants and guests. Under this law, property owners are held accountable for injuries or accidents that occur on their property due to unsafe or hazardous conditions.

Under the premises liability law, property owners have a duty of care to maintain reasonably safe conditions on their premises. This duty applies to a range of properties, including:

• Private residences
• Apartments
• Businesses
• Retail stores
• Restaurants
• Hotels

Some common premises liability injuries include slip and falls, swimming pool accidents, and dog bites.

Common Types of Premises Liability Situations

Premises liability injuries cover a broad range of situations. However, there are some that are more common than others. These include:

Negligent Security

Negligent security arises when a property owner does not provide adequate security measures to protect tenants and/or guests from harm, such as criminal activity, robbery, or other violent acts. If an injury has occurred due to inadequate security, the property owner may be liable for the resulting damages.

Examples of negligent security include:

• Inadequate lighting in parking lots or other dark, common areas
• Broken or defective locks on doors and windows
• Lack of security personnel or security cameras
• Failure to conduct background checks on security personnel
• Failing to respond appropriately and quickly to previous claims of danger, incidents, or suspicious activity

Unsafe Apartment Complexes

Unsafe apartment complexes give rise to premises liability claims when tenants or visitors are injured due to hazardous conditions or inadequate maintenance in the complex. For example, poor lighting in parking lots and other common areas can lead to a slip and fall or invite criminal activity

Other examples of premises liability in an apartment include:

• Broken handrails
• Defective stairs
• Tripping hazards
• Malfunctioning locks
• Lack of security
• Failure to remove mold or address infestations
• Ineffective elevators or fire escapes
• Lack of signage for other hazards, including wet floors and construction/repair areas

Slip and Falls at Big Box Retailers

Big box retailers have large areas with vast amounts of inventory, increasing the risk of injury if there are no safety measures put in place. Slip and falls can occur for a number of reasons at big box retailers, such as:

• Spills in aisles or walkways
• Failure to address wet floors
• Uneven flooring
• Cracked pavement
• Torn carpet
• Clutter in walkways
• Inadequate lighting
• Lack of handrails on stairs or ramps

Proving Premises Liability Injury

To hold a property owner responsible for a premises liability injury, you must prove that they were negligent. To prove that the injury occurred at the fault of the property owner, the following must be true:

• The person who caused the injury controlled the property where the injury occurred (through owning, renting, or another means).
• The person was negligent in maintaining the property.
• You were injured.
• Your injury was a result of the defendant’s negligence.

It must be proven that the East Point, GA property owner’s negligence was a primary factor in the injuries.

Premises Liability Lawyer FAQs

Q: What Are the Defenses Against Premises Liability in GA?

A: In Georgia, like many other states, there are some common defenses that a property owner may use when faced with a premises liability claim. Some of these include:

• There was a lack of notice (they were not made aware of the hazard).
• The injured party is partially responsible for their injuries due to their own negligence.
• The injured party knowingly assumed the risk of injury by engaging in their activities.
• The hazardous condition was open and obvious (and easily avoidable).

Q: What Is Premises Liability in GA?

A: Premises liability in Georgia refers to the legal responsibility that property owners have to maintain safe conditions for those living or visiting the premises. This law holds property owners liable for injuries that occur on the property due to hazardous conditions, inadequate maintenance, or negligent security measures.

Q: What Is the Statute of Limitations for Premises Liability in Georgia?

A: The statute of limitations for premises liability is two years in Georgia. This two-year limitation begins on the date of the injury, so the injured party has two years to file a claim to seek compensation for damages caused by their injury. An injury from premises liability is considered a personal injury; therefore, it follows the same statute of limitations as personal injury claims.

Q: What Is the Negligence Law for Georgia?

A: Georgia’s negligence law is modified comparative negligence. This means that an injured party can still recover damages in a personal injury claim, even if they were partially at fault for the accident. However, their level of fault cannot exceed 49%. If it is deemed that they were at least 50% responsible for the accident, they will not be awarded damages under this law.

Contact Nichols Injury Law Today

If you or someone you know has been injured due to premise liability, you do not have to handle the situation alone. You may be entitled to compensation. Contact Nichols Injury Law today to get started.