Handling Complex Premises Liability Claims
Property and business owners owe visitors a duty to keep their properties in a reasonably safe condition at all times. When owners fail to keep their properties free from dangers and defects, serious injuries can occur on the premises. Accidents and injuries that occur on other people’s properties are not just limited to slip and falls. For example, incidents that result from negligent or inadequate security on the premises can lead to injuries and damages for everyone involved.
If a negligent property owner caused an accident on their property that injured you or someone you love, you may be eligible to recover monetary compensation from the property owner and their insurance company, by way of a premises liability insurance claim or lawsuit.
No one asks to suffer injuries when visiting another’s personal or business premises. The experienced Lawrenceville personal injury lawyers at Brauns Law Accident Injury Firm can meet with you to discuss the circumstances surrounding your accident and, if necessary, investigate how the accident happened.
Our legal team may also file a claim or lawsuit against the at-fault property owner and pursue fair and just monetary compensation you deserve for the injuries and damages you sustained in the accident. Please give us a call today to find out more about how we can assist you with filing your premises liability claim and pursuing compensation on your behalf.
Accidents That Might Fall Under Premises Liability
Although slip and fall accidents make up a large number of premises claims, they are not the only ones.
Some of the most common types of premises liability claims stem from:
- Slip and fall accidents – Slip and fall accidents can occur both indoors and outdoors at any location. These accidents often take place when property owners fail to repair or warn visitors about dangerous conditions on their properties. Slippery floors in restaurants and grocery stores can lead to slip and fall accidents, as well as defective sidewalks and driveways outdoors. If the slip and fall accident victim can show that the property owner knew about a defective condition on their premises but did not take reasonably prompt action to correct or warn about the hazard, then the property owner may be liable for damages.
- Boat accidents and injuries – Injuries that occur when a boat owner fails to maintain the premises to ensure they are reasonably safe can lead to a premises liability action when an accident victim suffers an injury while yon board the boat.
- Negligent security claims – The owners of parking lots, parking garages, theme parks, hotels, nightclubs, restaurants, bars, and other similar locations frequented by the public owe a duty to ensure that necessary security cameras and security personnel are in place. When these locations do not have sufficient security personnel or technology on the premises, then fights can break out, assaults (including sexual assaults) can take place, and people can suffer unnecessary injuries. In those instances, the accident victim may bring a negligent security claim (or file a lawsuit) against the owner or operator of the premises where the incident occurred.
- Elevator and escalator accidents – Building owners and landlords are responsible for making sure that escalators, elevators, and other similar devices used to transport individuals throughout a store or shopping center are in working order at all times and free of serious defects and dangerous conditions. When these devices do not operate properly, and a person sustains an injury as a result, then the accident victim may file a claim against all potentially responsible individuals.
- Swimming pool and drowning accidents – Individuals who operate swimming pools on their premises have a duty to ensure that the premises are kept reasonably safe at all times. This duty includes ensuring that the pool has the required number of lifeguards on duty at all times, and the necessary types of emergency equipment and life-saving devices are in place. When a swimming pool accident occurs on someone else’s premises, the accident victim (or the accident victim’s surviving family members, in the case of a drowning incident) may bring a legal claim or file a lawsuit against the owner or operator of the pool.
- Amusement park accidents – Amusement park owners and operators owe their customers a duty to ensure that all operating rides are in working order and that the park is reasonably free from dangerous conditions and defects. As part of this duty of care, park owners must be sure to have rides inspected regularly to ensure that they are in working order. If a ride malfunction or other dangerous condition at the amusement park leads to an unnecessary injury, this may be a basis for the accident victim to file a premises liability claim against the owner or the park’s operator.
If one of these types of premises accidents injured you or a person you love, then you should contact the experienced Lawrenceville premises liability attorneys at Brauns Law Accident Injury Firm as soon as possible. We can start investigating your potential premises liability claim right away by speaking with you and interviewing witnesses. If you have a viable claim, we can help you pursue the money damages you deserve.
Typical Injuries that Lead to Premises Liability Cases
Accidents that occur on someone else’s premises can result in very serious and debilitating injuries, resulting in the need for weeks or months of medical treatment and out-of-pocket expenses. The injuries that a person sustains on another’s property depend upon the accident itself.
For example, in a slip and fall accident, the accident victim may suffer an injury to the foot, ankle, or to the lower back or shoulder, depending upon the mechanics of the injury and how he or she falls to the ground. Moreover, if the fall victim strikes their head on the ground when falling, the fall victim may suffer a closed head or traumatic brain injury.
Some of the most common injuries that result from premises accidents include soft tissue injuries, back and spinal cord injuries, traumatic head and brain injuries, internal injuries (such as organ damage or internal bleeding), and rotator cuff syndrome or related shoulder injuries.
If you sustained one or more of these injuries—or some other injury—in an accident on someone else’s premises, you may be eligible for monetary compensation for all of the injuries and damages that you suffered. The experienced Lawrenceville premises liability attorneys at Brauns Law Accident Injury Firm can help you determine if you are eligible to file a claim for your injuries and, if so, can assist you through every step of the legal process, including litigation in the court system, if necessary.
Proving a Property Owner’s Negligence
Individuals who suffer one or more injuries on someone else’s property have the burden of proving that the property owner was negligent under the circumstances. A property owner’s potential negligence rests on whether he or she owed the accident victim a particular duty under the circumstances. The extent to which a property owner owes an accident victim a duty depends upon the victim’s status on the landowner’s premises at the time the accident occurs on the premises.
Business invitees, for example, are owed the highest duty of care. Invitees are individuals who are on the premises to benefit the owner of the land in some way. The customers of a business, for example, are a primary example of business invitees. Property owners owe business invitees the highest available duty of care.
Specifically, property owners have a duty to take reasonable measures to keep their properties in a safe condition at all times. This duty includes making sure that sufficient security is available when customers are on business premises. In addition, premises owners must repair, correct, or warn visitors about all known hazards and defects extant on their premises. Finally, owners must inspect their properties to look for any unknown dangers and, if they find any, must promptly repair or warn visitors about those conditions.
Property owners also owe licensees and other social guests a critical duty when those guests are on the owner’s premises. Specifically, landowners must either repair or, at a very minimum, warn about all dangerous conditions on the premises of which the property owner is aware.
Finally, the owner does not owe a duty to trespassers or similar individuals present on the premises without the owner’s permission. However, when the premises owner is aware of known trespassers, such as children who regularly come onto the property despite not having permission, the owner may owe a duty of care to those individuals.
Just because a visitor enters the owner’s premises as an invitee or social guest does not mean that their status will remain the same for the entirety of the visit. For instance, if a customer enters the premises as a business invitee but then decides to trespass in an area reserved for employees, the property owner most likely no longer owes a duty of care to the individual, as the individual’s status has changed to that of a trespasser.
The experienced Lawrenceville premises liability attorneys at Brauns Law Accident Injury Firm can determine if the premises owner in your case likely violated their duty of care and, as a result, should take responsibility for the accident you experienced and injuries you sustained.
Recovering Damages in a Premises Liability Case
To recover monetary compensation from an at-fault premises owner or the premises owner’s insurance company, the accident victim must show by a preponderance of the evidence (meaning that it is more likely than not) that the accident victim owed them a duty, that the premises owner violated or breached that duty, that the accident occurred as a result of that violation or breach, and that the accident victim suffered one or more injuries in the accident that took place on the premises.
Depending on the injuries you suffered in your accident, you may pursue and recover various forms of damages. In some cases, a health care provider may need to be available to causally connect your injuries to the premises accident in which you were involved.
Some of the most common types of damages possible in premises accident cases include:
- Compensation for lost earnings that you incurred as a result of missing time from work due to pain and suffering, or for the inability to do your job to attend medical or physical therapy appointments related to the injuries you sustained in your accident)
- Compensation for all out-of-pocket costs and expenses you incurred as a direct result of the premises accident
- Compensation for all medical, surgical, and physical therapy bills that were related to your premises accident
- Compensation for all of the pain, inconvenience, and suffering you endured as a result of your injuries
- Compensation for mental distress and mental anguish, such as Post-Traumatic Stress Disorder (otherwise known as PTSD) stemming from your premises accident
- Compensation for loss of spousal companionship and family support resulting from your premises accident injuries
It is difficult to know how much your claim might be worth without having a premises liability attorney assess your case. Our attorneys know how to calculate all your past and future losses to properly calculate the damages you deserve.
Contact a Knowledgeable Lawrenceville Premises Liability Lawyer Today
The knowledgeable and experienced legal team at Brauns Law Accident Injury Firm understands the pain, suffering, and inconvenience that stems from accidents taking place on another person’s premises, premises were supposed to be safe and properly maintained. Let us help you pursue the fair and just monetary compensation that you deserve for your injuries.
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Brauns Law, P.C.
892 legacy park Dr.
Lawrenceville, GA 30043