In Georgia, a Smyrna premises liability lawyer can help you if you have been hurt because of an accident due to negligence on someone else’s property. Unfortunately, accidents can happen when we do not expect them to happen. No matter if you are walking through a grocery door, visiting a local business, enjoying a party, or exploring the outdoors, they can happen very quickly, especially if it is due to unsafe conditions on someone else’s premises.
Choosing a Smyrna Premises Liability Legal Team
At Barnes Law Group, we are committed to helping victims of premises liability accidents in Georgia recover what they are rightfully owed. An experienced Smyrna personal injury attorney understands the state and local laws and the complexities involved in these types of cases. We are here to help make sure your voice is heard, and your rights are protected during this difficult time in your life.
What Is Premises Liability?
The legal responsibility that property owners, managers, and tenants have to maintain a safe environment for any visitor who enters their property is known as premises liability. When they fail to meet this obligation and someone is injured as a result, they can be held liable for the accident.
A variety of situations can result in these types of cases, including:
Slip and Fall Accidents: Poorly lit staircases, uneven surfaces, wet floors, or icy sidewalks that cause you to slip and fall.
Trip and Fall Accidents: Exposed wires, tripping over objects, or damaged flooring.
Inadequate Security: Lack of property measures in places like parking lots or apartment complexes that result in criminal assaults.
Swimming Pool Accidents: Negligence in maintaining safe pool environments, such as proper fencing and following safety measures.
Dog Bites or Animal Attacks: If a pet or animal, especially one that is known to have past aggressive behavior, injures you on someone’s property due to improper fencing or handling.
Construction Site Accidents: Unprotected or dangerous work sites that pose a risk to workers or visitors.
Defective Ladders or Stairways: Unsafe ladders and stairways that cause falls due to poor design or lack of maintenance.
Common Causes of Premises Liability Accidents in Smyrna
These types of accidents can happen almost anywhere, but most of the premises liability cases that are seen in Smyrna are due to one of the following:
Negligent Property Maintenance: Managers or property owners fail to regularly inspect and maintain the premises, which results in dangerous conditions going unchecked.
Failure to Warn: There are times when a property owner knows about a dangerous condition but fails to warn visitors. This is typically seen with conditions such as broken handrails, wet floors, or loose floorboards.
Improper Design or Construction: Construction sites or poorly designed areas can lead to dangerous conditions.
Failure to Fix or Repair: Sometimes, property owners or managers are aware of hazards and delay fixing them.
How Can a Smyrna Premises Liability Lawyer Help You
A dedicated and experienced Smyrna premises liability lawyer can provide many benefits when it comes to dealing with cases like these.
These include, but are not limited to:
Thorough Investigation: They will investigate the scene of the accident, speak to witnesses, and gather evidence to build a strong case. This evidence can include surveillance footage, photographs, maintenance records, and any other documentation that supports your claim.
Determining Liability:Georgia Premises liability law can be very complicated. A skilled attorney will determine who is at fault for your injury and hold them accountable, whether it is the property owners, tenants, or even a third party.
Negotiating With Insurance Companies: Insurance companies may minimize your compensation by offering a lower settlement than you deserve. Experienced lawyers will work hard to make sure you receive a fair settlement that covers your damages.
Litigation: In the event that the insurance company refuses to offer a fair settlement, attorneys are always prepared to take your case to court. They have the knowledge and resources to advocate on your behalf in front of a jury and judge.
Providing Legal Guidance: Premises liability lawyers provide clear communication throughout the entire legal process, answering any questions you have and helping you understand your options at each stage.
What You Need to Prove in a Premises Liability Case in Smyrna?
There are several key elements you must prove in Georgia to succeed in a premises liability case, including:
The defendant owned or controlled the property;
The property was dangerous or unsafe.
The property owner knew or should have known about the hazard.
The property owner failed to address the hazard or failed to warn you about it.
You were injured due to the hazard.
FAQs About Premises Liability
Q: Is Premise Liability the Same as General Negligence?
A: Although they are related, they are not the same. Premises liability refers to the property owner’s responsibility for maintaining a safe environment for visitors. On the other hand, general negligence is a broader legal concept that applies to any situation where someone fails to exercise care, leading to harm. Premises liability is a subset of negligence law.
Q: What Does Premises Refer to in Legal Terms?
A: The legal term premises refers to a location or property, including buildings and land, that is subject to legal rights or responsibilities. It can be commercial, industrial, or residential spaces and may involve ownership, lease, or occupancy issues, often used in liability matters, as well as contracts and property laws in Smyrna, GA.
Q: What Kind of Defense Should You Be Prepared for in Premises Liability Cases?
A: In premises liability cases, defenses may include contributory negligence (the plaintiff’s own actions contributed to the injury), assumption of risk (the plaintiff knowingly exposed themselves to danger), or lack of notice (the defendant was unaware of the hazard). Another defense could be that the condition was open and obvious. An experienced attorney can help you prepare a strong defense.
Q: What Is the Legal Difference Between Premises and Property?
A: Generally, premises refer to a building or specific location, including land and structures on it, often used for residential and business purposes. Property, however, is a broader term that encompasses both real and personal assets. Property includes premises but extends to all owned assets. They are both used in a variety of different laws.
Contact Premises Liability Lawyers At Barnes Law Group
Don’t wait to take action if you or a loved one has been injured in a premises liability accident in Smyrna. Let us help you through this difficult legal process. Contact Barnes Law Group today so we can start building a strong case on your behalf. Give us a call to set up a free consultation.
Mark and Kaitlin were an absolute joy to work with. They worked quickly on my case and kept me in the loop every step of the way. I’m so grateful for everything they did for…
Jamie Wade
My wife and I were hit by a drunk driver that totalled our car. The car owner's insurance company was giving us such a hard time ssince the driver technically wasn't on the insurance policy.…
Knin
Barnes Law Group has been amazing to work with, especially Kristen and Sloan. They helped us navigate the uncertainty of our wreck and dealing with the at-fault, drunk drivers insurance that was not being cooperative…