If you are looking for a seasoned Riverdale premises liability lawyer, you should get in touch with Humphrey and Ballard Law today.
Suppose you live in a rented house. One day, a part of the patio shed breaks down and injures you badly. You are immediately hospitalized and you can’t go to work for a month. Upon investigating, you find out that the shed broke down because of inadequate maintenance. But you moved in a month ago. That means it’s not your fault that the shed was not maintained properly.
According to premises liability law, if an injury takes place in the property due to the negligence or carelessness of the property owner, then you are not liable to pay for the medical bills or treatment. Instead, the property owner should pay for these expenses. Are you aware of the process to file a lawsuit against the property owner for a premises liability case? If you don’t, you need an experienced Riverdale premises liability lawyer who can work on your behalf.
At Humphrey and Ballard Law, we can come to your rescue if you have a premises liability case. Our experienced personal injury lawyers will listen to your story and set up the case according to the facts and proof that you provide. If you want to talk to us, call us at 404-341-0499 to set up an appointment.
Do I Have a Premises Liability Claim?
How do you know whether you have a case against the property owner and are eligible for a premises liability claim? There are three elements needed to prove the defendant guilty:
- You need to prove that the defendant occupied, owned, or leased the property. It will be clear that he was responsible for inspecting the property and maintaining it so that whoever stayed in it won’t get hurt.
- Secondly, you have to prove that the property owner didn’t inform you about the possible dangers of using the property. If he had not maintained the patio shed for a long time, he should have told you before signing the rent agreement. Since he didn’t, it’s his responsibility to pay for your treatment.
- Thirdly, make sure you keep your medical bills and test results ready. They will help in proving that the negligence of the defendant led to your accident.
What Are Common Injuries in Premises Liability Cases in Riverdale?
The most common types of accidents we see are:
- Slipping and falling on a wet surface
- Tripping on an uneven surface or unmarked step
- Faulty stairs or railings
- Children injured while playing in an unsafe area
- Being hit by a falling object
- Escalator and elevator accidents
- Structural failings that lead to an injury
- Bites by uncontrolled dogs
How Do You Prove a Premises Liability Case?
The property owner may be held responsible for an injury in a Riverdale premises liability case. However, you need to prove that the injury took place because the defendant was ignorant about the safety of the property.
To prove your claim, we only have to establish four facts:
- There was an unsafe condition on the property.
- The owner knew about the condition or should have known about it if they were properly caring for the property.
- The owner did not fix or remove the hazardous condition, nor did he properly warn you about it.
- You were injured because of the unsafe condition.
At Humphrey and Ballard Law, we approach premises liability cases in four steps to pin the blame on the defendant.
Linking the Defendant to the Property
We first establish the fact that the property was occupied, owned, or leased by the defendant. This gives us enough chances to prove that it was the defendant’s responsibility to take care of the property. In other words, the owner had to make sure that the property was in good condition.
Determining Duty of Care
Apart from finding ways to prove that the defendant is guilty, we also consider the factors that the opposing lawyer can use against us. In some cases, the judge may decide to determine the standard of care of the defendant according to the status of the person entering his land. Although these cases are rare in Riverdale, we still ensure that the opposing lawyer can’t hold you accountable for the injury.
An invitee is someone who enters the defendant’s property for financial reasons. In such cases, it is the defendant’s responsibility to maintain the property so that no invitee meets an accident and injures himself.
A licensee is a person who has the defendant’s permission to enter the property. For example, a social guest is a licensee. If the licensee gets injured due to the negligence of the defendant to take care of his property, then the latter is responsible for the licensee’s treatment. However, if the licensee is asked to leave the defendant’s property and he refuses, then the latter is not responsible for paying for his treatment if he gets injured.
A trespasser, in no way, will get any financial help for his treatment from the defendant if he injures himself within the property premises.
Establishing the Defendant’s Negligence
Our next step involves collecting pieces of evidence pointing out that the defendant was negligent. According to premises liability law, negligence means causing unintentional harm to someone. We will prove to the judge that the defendant didn’t take adequate care of his property, thus leading to your injury.
Establishing Your Damages
We will use medical records and financial records to show you suffered injuries and calculate the value of your damages. In some cases, you may be able to claim compensation for non-economic harm like pain and suffering as well as for financial damages.
What if My Child Is Injured?
In Georgia, the duty of care that a property owner owes to an adult varies based on the adult’s reasons for visiting the property. However, the laws are different for injuries that involve children. Trespassers cannot make premises liability claims in most cases, but a property owner may be held liable for injuries sustained by child trespassers that occur because of an “attractive nuisance.”
The law defines an attractive nuisance as a potential hazard that may entice children to trespass on a property without being aware of the potential hazard. Because of the child’s age, they are not aware of the risk that the hazard poses to them. Examples of attractive nuisances include pools, fountains, playground equipment, weapons, and construction projects.
If your child was injured on someone else’s property, Hernandez & Cabra can evaluate your claim to determine if the property owners should be held liable. If the property owner failed to take steps that could have prevented your child’s injury, there is an excellent chance that you are entitled to compensation.
What if I Was Injured at My Workplace?
Many people say that workplace injuries always fall under workers’ compensation. Sure, it does, but there may be third-party claims against the property owner if he had failed to keep the property safe. For example, if a machine breaks down and injures you, it’s the responsibility of your boss to pay for your treatment from the workers’ compensation fund. But suppose your boss has rented the office where you work and one day a chunk of bricks falls on you in the storeroom.
You notice that the storeroom is in a dilapidated state that requires immediate repair. In this case, it’s the property owner’s responsibility to pay for your treatment. While you may receive workers’ compensation, you are also eligible for premises liability claims. It may be tricky for you to decide whether it’s a workers’ compensation case or a premises liability case. Allow us to decide and handle the case while you focus on recovering from your injury.
Is There a Deadline for Filing a Premises Liability Claim?
Yes, there is a deadline for filing a premises liability claim in Georgia. You should file the case within two years from the date of the accident. The quicker you file the case, the easier it gets to receive compensation from the defendant.
What if you don’t file the case within three years? In that case, it would be difficult to win as the defendant would have an upper hand. You may lose your right to file a lawsuit against the defendant and the judge would most likely dismiss the case.
Call a Riverdale Premises Liability Lawyer Today
If you have been injured on someone else’s property, and that injury was caused by negligence, you may be entitled to financial compensation. The premises liability lawyers at Humphrey and Ballard Law can help you to prove your case so that you can collect the money you’re entitled to.
We understand that it’s challenging to deal with an injury and tackle a court case simultaneously. That’s why we are here to take care of the legal proceedings of your premises liability case while you recover at home. Contact our Riverdale office at 404-341-0499 so that we can be your legal representatives in court and ensure that the defendant pays for his mistakes.