Navigating a premises liability issue in Duluth requires both empathy and legal expertise. Recent data from the U.S. Bureau of Labor Statistics shows a 14% increase in falls, slips, and trips in Georgia in 2022. At our Premises Liability law firm in Duluth, we are committed to standing up for victims of negligence on hazardous properties.
If you’ve been injured in Duluth, you don’t have to face these legal challenges alone.
Reach out to our Duluth Premises Liability lawyer for a free consultation. Let’s discuss your case and explore ways to recover what you deserve, all without any upfront costs.
Do You Have a Premises Liability Case?
To determine if you have a valid premises liability claim, several key elements must be present:
Negligence of the Liable Party
The accident was directly caused by the negligence of the property owner or occupier. For example, if you sustained injuries from tripping on a broken step that had been visibly damaged for an extended period without repair, you can argue that the property owner’s failure to fix the hazard led to your injury.
Knowledge of the Danger
The property owner knew or should have known about the hazardous condition that caused your injury. For instance, if you slipped on a spilled drink in a restaurant and can prove that the spill had been present long enough for staff to have noticed and addressed it, the owner may be held liable for your injuries.
Failure to Take Reasonable Action
Another reasonable person, under similar circumstances, would have taken action to prevent the accident. This means that if a hazard existed that could reasonably have been anticipated and avoided, such as a loose railing or uneven flooring, the property owner’s failure to address it could constitute negligence.
When you talk to our experienced Duluth personal injury lawyer, they can help you understand if your case meets these requirements and guide you on what to do next to pursue the compensation you deserve.
Damages You Can Recover
In a premises liability case, if you’re injured due to someone else’s negligence, you may be entitled to different types of damages:
- Non-Economic Damages: Compensate for more subjective losses, like pain and suffering, emotional distress, and loss of enjoyment of life. These damages aim to address the impact of the injury on your overall well-being and quality of life.
- Economic Damages: Cover financial losses directly related to your injury, such as medical bills, lost wages from missed work, and expenses for ongoing treatment or rehabilitation.
- Punitive Damages: In certain cases of extreme negligence or misconduct, punitive damages may be awarded. These are intended to punish the responsible party and deter similar behavior in the future.
How to Get in Touch With Us
Need help with your premises liability case? You can get in touch with us by giving us a call at 404.205.8792 to speak directly with one of our team members or filling out our contact form and we’ll get back to you promptly.
We provide a free consultation to discuss your case and offer initial legal advice. Feel free to reach out to us using any of these convenient methods.
Brauns Law Firm: Premises Liability Law Firm in Duluth
At the Brauns Law Firm, we’re here to help the Duluth community with high-quality legal representation for premises liability cases. If you’ve been hurt because of someone else’s mistake, we know the challenges you’re dealing with—like medical bills piling up and navigating the legal system. Let us handle the insurance hassles and legal details while you focus on getting better.
What makes us different is our dedication to our clients and our community. We take pride in giving caring support and personal attention to each case we take.
Our firm has earned recognition for fighting hard for our clients’ rights and achieving fair outcomes. We’re active in local charities and community projects, showing our commitment to making a positive difference beyond the courtroom.
We stand up for our clients against insurance companies to make sure they get the compensation they deserve. Let our skilled team lead you through your premises liability case with honesty, professionalism, and a strong commitment to justice.
Meet Your Duluth Premises Liability Attorney
Our team at Brauns law firm brings a unique background to our practice. Starting as a software engineer, David BRauns approaches law with a meticulous, process-driven mindset.
He began his legal career as an insurance defense attorney, gaining valuable insights into insurance company tactics. Transitioning to representing plaintiffs, David now focuses solely on personal injury litigation, ensuring that our clients receive the compensation they deserve.
Technology is at the heart of our operations. We use advanced tools such as:
- Practice Management Software: Streamlining case management to keep track of deadlines, contacts, and documents accurately.
- Standard Operating Procedure Manual: Documenting every procedure meticulously to maintain high standards in client service.
- Virtual Case Files: Storing all case documents digitally for easy access and real-time updates on case progress.
We believe in providing a higher standard of service to every client. Beyond legal representation, we assist with practical needs such as arranging car repairs, rental cars, healthcare access, and managing bill collectors. This comprehensive support ensures that our clients receive personalized care throughout their case.
Contact us today to discuss your premises liability case. Let our experienced team guide you through the legal process with integrity, professionalism, and a commitment to achieving justice.
What Clients Think of Us
Fantastic experience, great support!
“My experience with Brauns Law was fantastic! Haley and Brittne were great helping me along the way step by step with this case. All of my questions and concerns were answered, and explained in great detail. I would definitely recommend this law firm to others!”
Reliable, responsive, recommended!
“Mr. David was my first accident lawyer, and I have been referring him ever since to my friends and family, he has always answer all my concerns and has always return my calls or texts and always work his best to give us the best settlement I would not go with anyone else.”
Easy, pain-free process!
“I enjoyed working with Braun’s Law on my case. They make it an easy and pain-free process from beginning to end. A special thanks to Brittnee, and an extra special thank you to Haley for always being available and going the extra mile. If I ever need this type of service again, Braun’s Law will be my first call!”
How Can Brauns Law Accident Injury Lawyers, PC help me with my premises liability case?
The team at Brauns Law Accident Injury Lawyers, PC will help you navigate the Georgia legal system. We are knowledgeable about all state laws that may affect your personal injury claim. Our history of success winning fair settlements for injury victims is a direct result of our methodical approach and compassionate brand of client service.
We go beyond just helping you with your case; we will help you with all aspects of your claim.
We will work with you to establish liability by establishing the following elements:
- The property manager, owner, landlord, etc owed you a duty of care, e.g., needed to maintain safe premises.
- The property manager breached that duty of care (was negligent), e.g., knew or should have known of a broken handrail and did not fix it.
- Your injuries are a result of the negligence, e.g., the handrail broke and you fell down the stairs.
- The accident caused damages, e.g., you fell down the stairs and broke your arm, preventing you from returning to work and costing you thousands in medical bills.
Important Initial Advice!
If you’ve been injured on someone’s premises in Duluth, GA, here’s what you should do to protect your rights and ensure you receive fair compensation:
- Your health is the top priority. Seek medical attention immediately, even if injuries seem minor.
- Take photos of the accident scene, including any hazards or conditions that contributed to your injury.
- Property owners must be informed about the accident. Request a written incident report.
- Avoid posting about the accident or your injuries on social media. Insurance companies can use this against your claim.
- Insurance companies may offer a quick settlement that doesn’t account for all your expenses. Consult with a premises liability attorney before accepting any offer.
- When speaking with insurance adjusters, avoid admitting fault or providing recorded statements without legal advice.
- Keep all documents related to the accident, such as medical bills, repair receipts, and correspondence with insurers.
- A skilled attorney can evaluate your case, handle negotiations with insurers, and ensure your rights are protected throughout the legal process.
Following these steps can strengthen your premises liability claim and increase your chances of receiving full and fair compensation for your injuries and damages.
Deadlines
Georgia’s statute of limitations for premises liability cases typically allows two years to file a lawsuit. This timeframe underscores the importance of taking prompt action if you’ve been hurt on someone else’s property in Duluth.
It’s important to act quickly for a few reasons:
- Preserve Evidence: Time-sensitive evidence, such as witness statements and accident scene conditions, can fade with time.
- Legal Protection: Filing two years from the date of your accident protects your right to seek compensation for your injuries.
- Consultation Benefits: Contacting a premises liability lawyer early allows for a thorough evaluation of your case and strategic planning for your legal options.
Delaying action can jeopardize your ability to recover damages. Don’t hesitate to seek legal guidance promptly after an accident to ensure your rights are safeguarded under Georgia law.
Gathering Evidence
After suffering an injury on someone’s property in Duluth, gathering essential evidence early can significantly strengthen your case.
Here’s what you should focus on:
- If law enforcement responded to the scene, obtain a copy of the police report detailing the incident.
- Gather all medical documentation related to your injury, including hospital records, doctor’s notes, and receipts for treatments.
- Collect contact information from any witnesses who saw the accident. Their statements can provide valuable testimony.
- Take photographs or videos of the accident scene, your injuries, and any hazardous conditions that contributed to the incident.
- Document any factors indicating the property owner’s negligence, such as lack of maintenance or failure to warn about dangers.
Dealing with these tasks can be overwhelming when you’re recovering from an injury. Let us handle your personal injury case while you focus on healing.
Our premises liability lawyer in Duluth is committed to easing your burden and ensuring you have a successful premises liability claim.
What Can I Expect to Pay?
We operate on a contingency fee basis for premises liability cases in Duluth. This means you don’t pay any upfront costs or hourly fees. Instead, our fees are contingent upon successfully recovering compensation for you.
You only pay legal fees if we secure a settlement or verdict on your behalf. This fee structure ensures that our interests are aligned—we only get paid when you do.
There are no initial expenses for legal representation. This allows you to pursue your case without financial stress.
Before we proceed, we’ll discuss the fee arrangement in detail. You’ll have a clear understanding of what to expect throughout the legal process.
Our goal is to make quality legal representation accessible to everyone, regardless of financial circumstances.
Why Choose Us Over Other Duluth Premises Liability Attorneys?
Choosing an experienced premises liability attorney in Duluth is important for the success of your case. Here’s why our law office stands out:
- We focus exclusively on personal injury law, dedicating our expertise and resources to helping clients like you navigate a premises liability lawsuit.
- With a history of securing significant settlements and verdicts for our clients, we have the experience and results to back our reputation.
- We prioritize personalized attention and clear communication, ensuring you are informed and supported at every step of your case.
- Actively involved in the Duluth community, we are committed to making a positive impact beyond the courtroom through charitable contributions and local initiatives.
- Our contingency fee model means you pay nothing unless we win your case, aligning our interests with yours and removing financial barriers to quality legal representation.
When you choose Brauns Law Firm, you’re choosing a skilled premises liability team that will advocate fiercely for your rights and pursue the compensation you deserve.
Contact us today for a free case consultation, and experience the difference first-hand.
Every Type of Premises Liability Claim is Different
Avoid the urge to compare your situation to similar stories from friends. Just because your neighbor got a huge settlement for slipping and falling in a grocery store does not mean you will get the same settlement for tripping on equipment at the local pool.
At Brauns Law Accident Injury Lawyers, PC, we see the following common types of premises liability quite often.
Trip, Slip and Fall Accidents
These accidents stem from unsafe flooring, walking surfaces, or even broken staircases. If a hazard causes you to slip or trip and fall and injure yourself, you may be able to hold the property owner liable. Some examples of property owner negligence include:
- A condominium owner who ignores a report of loose bricks on a walking path near the community courtyard.
- A store owner who does not clear and de-ice walkways he is responsible for maintaining.
- A city government building with broken handrails in a stairwell that have been unrepaired for months.
Each of these scenarios can result in serious injuries. It is important to note that in the last example, you would be holding the city government liable for injuries. Filing a claim against a government entity is extremely difficult to do, especially when you are recovering from serious injuries. Call Brauns Law Accident Injury Lawyers, PC for help.
Governments are not only responsible for accidents that occur in government buildings. They can also be liable for hazards in their parks. For example, if a government entity ignores damaged branches hanging over a jogging path and those branches fall and cause someone injury, the injured victim can hold the entity liable.
Criminal Assaults
In addition to keeping you safe from hazards on their property, property owners owe you a duty of care to keep you safe from other individuals on their property. While no property owner can predict the actions of others, they can take some measures to reduce the risk of assaults on their grounds.
Some safety features venues should have include:
- Adequate lighting
- Corner mirrors
- Security cameras
- Security guards/patrol
- Police presence
You may hold a venue liable if it did not adequately light all areas of its premises. Lighting prevents attackers from hiding where victims cannot see them. Corner mirrors help patrons see around blind corners, and security cameras help deter crime by providing video evidence.
If an establishment is known to be the scene of rowdy behavior such as a nightclub, bar, or concert venue, the owner should have a security staff on hand at all times.
Additionally, if property owners receive reports of suspicious or dangerous people on their property, it is their duty and their right to contact local police to address the risk and keep their patrons safe.
While no one can prevent every crime from occurring, property owners can and should do everything they can to prevent them from happening on their property.
Pool Accidents
Pool owners have a responsibility to keep their pools secure and monitored when in use. Security and supervision rules go for both your neighbor’s pool as well as public pools.
When a pool is in use, an adult or trained lifeguard should be present at all times to supervise safe use. When a pool is not in use and unsupervised, gates must be present and locked to prevent unauthorized access.
If your accident occurs at a public pool you may be able to hold the management liable for:
- Failure to secure the pool after hours (e.g., if a child who was able to enter the pool after hours suffers injury, a property owner can be liable under the attractive nuisance doctrine)
- Failure to hire adequate lifeguard supervision (e.g., property owners can be liable for drownings or near-drownings if they did not hire lifeguards for the pool)
- Failure to keep walking areas free of foreseeable hazards (e.g., if a swimmer slips and falls in a spill by the concession stand, the property owner can be liable for any injuries)
In most cases, the property owner would be liable for any injuries suffered but in some cases, the pool construction company could be liable if the injuries stemmed from flaws in the design or construction of the pool.
The victim herself can also be liable for her injuries. For example, if the victim was running around the pool, ignoring the “No Running” signs, and slipped and fell, she may be partially or even fully liable for her injuries.
Locations We Serve
We proudly serve clients across various locations in Georgia, including:
- Atlanta
- Cumming
- Decatur
- Duluth
- Gwinnett County
- Lawrenceville
- Peachtree Corners
- Stone Mountain
- Suwanee
No matter where you are in these communities, our dedicated premises liability lawyer can help provide expert legal representation and support for your personal injury and premises liability needs.
Duluth Premises Liability FAQs
If you sustained injuries on premises belonging to another party, you have two years from the date of the accident and your injuries to file a Duluth premises liability lawsuit in the court system for compensation and damages. If you do not file your lawsuit within this limited time frame, you can’t file a claim for damages later on down the line. Therefore, seek out the services of our Duluth premises liability lawyers early on.
Upon retention, your lawyer will begin to investigate your case immediately, and if the statute of limitations deadline is approaching, will immediately file a lawsuit on your behalf. Just because your lawyer files a lawsuit in these circumstances does not necessarily mean that your premises liability case will go all the way to trial. The purpose of filing a lawsuit in this instance is primarily to protect the statute of limitations deadline.
Premises liability cases in Duluth, Georgia, are not just limited to slip and fall accidents that occur on someone else’s property. Many different types of accidents may fall under the umbrella of premises liability.
Premises liability cases encompass:
- Slip and fall accidents – In many instances, slip and fall accidents that occur on someone else’s property happen because a property owner does not fulfill his or her legal duty to correct or warn about known dangerous hazards that exist on the premises. Slip and falls can occur outdoors, in driveways, parking garages, and parking lots, as well as indoors—especially on slippery floors in restaurants, restrooms, grocery stores, and other places that are open to the general public. In cases where a business establishment is aware of the hazard, yet takes no action to remedy the defect or warn the public about it, the business can be liable for injuries resulting from any slip and fall accident that occurs on the premises.
- Premises accidents that result from negligent security – Individuals and businesses that own parking garages, parking lots, restaurants, nightclubs, bars, and hotels are responsible not only for maintaining the premises and keeping them clean but also for making sure that the premises are safe for all patrons. This duty may include equipping the area with security personnel and security cameras to monitor the activity there. If a fight breaks out on the premises—or if someone assaults a patron—and the evidence shows that the business might have done something to prevent the incident, then the victim may file a negligent security claim against the business.
- Accidents and injuries that take place on watercraft – Premises liability also encompasses accidents that take place on watercraft, including yachts, boats, and cruise ships. When a boat owner fails to maintain the premises, including the deck areas, and a person suffers a fall or other injury while onboard, then the injured party may be eligible to file a claim or lawsuit against the person or entity who is responsible.
- Swimming pool accidents – Swimming pool owners and operators owe a duty to ensure that their properties are in a safe condition at all times and that the area (including the pool deck) is kept free from hazards. Pools are also responsible for making sure that the number of lifeguards on duty at a specific time is proportionate to the number of pool patrons. The pool must have rescue equipment and other safety devices on hand at all times. If any of these is lacking, and a serious accident—including a drowning accident—occurs, then the pool owner or operator may be deemed responsible.
- Escalator and elevator accidents – Escalators and elevators are common devices that retail shopping centers and stores use to transport customers to various levels. Landlords and business owners are responsible for inspecting these devices regularly, that they get regular maintenance, and that any defects or deficiencies get proper repairs. If one of these devices malfunctions and a person suffers injuries, the accident victim may assert a premises liability claim against the business owner or operator.
- Accidents that occur in theme parks and amusement parks – Individuals and business entities that own theme parks and amusement parks are responsible for ensuring that rides, walkways, and other areas visited by park patrons are safe at all times. This duty of care includes making sure that rides get routine inspections. If a particular ride malfunctions and one or more people suffer injuries, the accident victim(s) may then file a claim or lawsuit against the individual, corporation, or other responsible business entity.
If you or a person you care about sustained injuries on premises belonging to someone else, then seek out our experienced legal help as soon as possible. The knowledgeable Duluth premises liability attorneys at Brauns Law Accident Injury Lawyers, PC can collect information, interview witnesses, and take other measures to pursue the compensation that you deserve for the injuries that you suffered in your premises accident.
The types of injuries that an adult or child may suffer in a Duluth premises accident are virtually unlimited and depend on a variety of circumstances. Specifically, the injuries that an accident victim sustains will depend on the trauma the victim suffered (including how the accident victim falls in a slip-and-fall accident) and where the accident occurs.
Generally speaking, injuries that are more severe and traumatic, and that require significant medical treatment, are more compensable from a monetary point of view.
Premises accidents can lead to any of these injuries and more:
- Soft tissue injuries
- Spinal cord and back injuries
- Traumatic brain and head injuries
- Rotator cuff syndrome and related shoulder injuries
- Internal injuries (such as internal organ damage).
If you or a person you love has suffered one or more of these injuries on premises belonging to someone else, the experienced Duluth premises liability attorneys at Brauns Law Accident Injury Lawyers, PC can help you determine if you have a viable legal claim. If so, we can pursue a settlement from the at-fault property owner, and if that does not work, we can pursue litigation on your behalf. We can do this by filing a lawsuit in the court system against the person or entity that is at fault for your accident.
Who has the burden of proof in Duluth premises liability cases, and what is that legal burden?
If you suffered injuries on someone else’s premises, then you (as the accident victim) have the legal burden of proof. Specifically, you must demonstrate that the premises owner owed you a specific duty of care, that he or she violated that duty of care, and that as a result, you suffered injuries and damages, like the ones mentioned above.
The duty of care that a premises owner owes a premises visitor depends on the status of that visitor on the property. For example, the highest duty of care goes to business invitees. A business invitee is someone who is on a person or company’s premises to further the purposes of the business owner. A customer at a shopping center or retail store is a prime example of a business invitee. Specifically, the business has a duty to correct or warn about known dangerous hazards on the premises and to inspect the premises for unknown dangerous hazards. When warning about or correcting property hazards, the premises owner must undertake reasonable measures.
A licensee, in most cases, is a social guest at someone’s personal home or residence. The property owner owes a social guest the duty to ensure that his or her property is in a reasonably safe condition at all times. The premises owner also has a duty to warn about or repair known dangerous defects on the premises.
Finally, in many circumstances, a premises owner does not owe a trespasser a legal duty of care, unless the trespasser is a known trespasser. An unknown trespasser may be a child whom the property owner knows frequents the premises regularly. If the trespasser is a known trespasser, then the premises owner may owe him or her some legal duty of care.
In addition to proving that a premises owner acted unreasonably under the circumstances or otherwise failed to abide by the prevailing standard of care, the accident victim must show that he or she suffered at least one injury in the accident. Moreover, the accident victim must demonstrate that it was the accident that caused the injury.
The experienced Duluth premises liability lawyers at Brauns Law Accident Injury Lawyers, PC can help you prove the legal elements of your premises liability claim and pursue the compensation that you need.
If you suffered injuries on someone else’s premises, then you (as the accident victim) have the legal burden of proof. Specifically, you must demonstrate that the premises owner owed you a specific duty of care, that he or she violated that duty of care, and that as a result, you suffered injuries and damages, like the ones mentioned above.
The duty of care that a premises owner owes a premises visitor depends on the status of that visitor on the property. For example, the highest duty of care goes to business invitees. A business invitee is someone who is on a person or company’s premises to further the purposes of the business owner. A customer at a shopping center or retail store is a prime example of a business invitee. Specifically, the business has a duty to correct or warn about known dangerous hazards on the premises and to inspect the premises for unknown dangerous hazards. When warning about or correcting property hazards, the premises owner must undertake reasonable measures.
A licensee, in most cases, is a social guest at someone’s personal home or residence. The property owner owes a social guest the duty to ensure that his or her property is in a reasonably safe condition at all times. The premises owner also has a duty to warn about or repair known dangerous defects on the premises.
Finally, in many circumstances, a premises owner does not owe a trespasser a legal duty of care, unless the trespasser is a known trespasser. An unknown trespasser may be a child whom the property owner knows frequents the premises regularly. If the trespasser is a known trespasser, then the premises owner may owe him or her some legal duty of care.
In addition to proving that a premises owner acted unreasonably under the circumstances or otherwise failed to abide by the prevailing standard of care, the accident victim must show that he or she suffered at least one injury in the accident. Moreover, the accident victim must demonstrate that it was the accident that caused the injury.
The experienced Duluth premises liability lawyers at Brauns Law Accident Injury Lawyers, PC can help you prove the legal elements of your premises liability claim and pursue the compensation that you need.
There are several types of compensation and damages that a premises accident victim may pursue and recover. However, as a prerequisite to recovering compensation and damages, the accident victim must successfully prove all of the other legal elements of the premises liability case. If the accident victim successfully proves these elements, then he or she may recover monetary damages.
First, the premises accident victim may recover all of his or her out-of-pocket expenses, including reimbursement for medical and physical therapy bills and medical procedures. If the accident victim needs future medical treatment, such as a future surgery or injection, the anticipated costs of those medical treatments may also be recoverable. Moreover, if the accident victim missed time from work due to the injuries that he or she suffered in the accident, then the accident victim may successfully make a lost wage claim.
In addition to these economic damages, the accident victim may recover non-economic damages. These damages compensate accident victims for all of the pain, inconvenience, suffering, and other losses that they incurred as a result of the premises accident. Moreover, if the accident victim suffered a permanent injury, that too may be compensable in the form of damages.
Specifically, the accident victim may pursue compensation for loss of the ability to use a specific body part and for loss of enjoyment or quality of life. Finally, the accident victim may file a claim for loss of family support or spousal consortium.
If you or a person you care about suffered one or more injuries on someone else’s property, you may pursue compensation against the at-fault person or entity. The experienced Duluth premises liability lawyers at Brauns Law Accident Injury Lawyers, PC will work to help you pursue and recover this much-needed compensation on your behalf.