If you have been injured on someone else’s property, act quickly to ensure that you get the necessary evidence to quickly secure compensation for your damages. You may be suffering from ongoing pain, missing work, and worrying about paying medical bills. If someone else’s negligence caused your accident, you can file a premises liability claim to obtain compensation for your losses. Do not carry the expense or burden of your injuries on your own. A premises liability attorney in Duluth Georgia can help.
If the idea of filing a personal injury claim for your accident seems overwhelming, know that you are not alone. David Brauns is dedicated to ensuring that Duluth Georgia residents get the compensation they deserve for injuries they suffered on someone else’s property.
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, PC, we see the following types of accidents 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 your injuries. Filing a claim against a government entity is extremely difficult to do, especially when you are recovering from serious injuries. Call Brauns Law, 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.
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 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.
How do I prove liability for my premises liability claim?
Proving liability can be complicated and seeking the help of a reputable premises liability attorney is important. The Brauns Law, PC team will be able to tell you exactly what you need to do as well as what documentation is necessary to establish a case against the liable party.
In order to prove fault, you must be able to apply one or more of the following scenarios to your accident.
- Negligence of the liable party actually caused your accident. For example, if you tripped on a broken step that was obviously in disrepair for some time, you can claim that the property owner’s failure to correct the situation is the cause of your injury.
- The owner had – or should have had – knowledge of the danger prior to your injury. For instance, if you slipped on a spilled drink in a restaurant, you must prove there was enough time for an employee to notice and clean it up or warn of it before you were hurt.
- Another responsible person would have acted differently to remedy the dangerous situation.
How can Brauns Law, PC help me with my premises liability case?
The team at Brauns Law, 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.
How can I seek help from Brauns Law, PC?
Call Brauns Law, PC for help with your claim. For a no cost, no obligation consultation, contact us at 404-348-0889.
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