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 Premises Liability 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.
Lawrenceville Premises Liability FAQ
Premises owners and operators are responsible for making sure that their premises are safe at all times and responsibly kept free from hazards and other dangers. When premises owners and their employees do not inspect their properties regularly, and a visitor is injured while on the premises, then the accident victim can file a premises liability claim or lawsuit against the individual or entity that owns the premises.
However, premises liability claims are not just limited to slip and fall accidents taking place on a business property or at a person’s residence. These potential claims also include injuries that accident victims sustain on watercraft, at amusement parks, and in swimming pools, escalators, and elevators on someone else’s personal or business premises. Moreover, if a person can prove they sustained an injury on someone else’s property due to negligent security, the accident victim can assert a claim or lawsuit against the premises owner.
If you sustained an injury on someone else’s premises due to another person’s carelessness or negligence, you could take legal action against the responsible person or entity. The experienced Lawrenceville premises liability attorneys at Brauns Law Accident Injury Firm can help you pursue legal damages for the injuries you suffered in your premises accident.
What are some common accidents that can occur on another person’s premises in Lawrenceville?
Many different types of accidents can happen on premises that are owned by another person or entity.
The most common premises accident is a slip and fall accident. These accidents can occur both indoors and outdoors and often result when a premises owner or occupier fails to maintain the premises properly and keep it clean, safe, and free from debris. Indoor slip and fall accidents are common in restrooms, restaurants, and grocery stores, while outdoor slip and falls can occur on sidewalks and in parking garages, parking lots, and driveways.
A slip and fall accident occurs, for example, when there is a puddle of water or a spill on the floor in a restaurant, causing a restaurant patron to fall to the ground and sustain injuries. For the business to be liable, however, it must know about the defect and take reasonable measures (within a reasonable period of time) to either warn about the hazard or correct it.
Accidents that occur on boats and other types of watercraft also fall under the umbrella of premises liability claims. Owners of cruise ships, boats, and yachts are required to keep staterooms, deck areas, and other common areas clean and safe at all times. If a patron suffers an injury while onboard the watercraft, such as in a slip and fall accident on the deck, the accident victim can file a claim or lawsuit against the individual or entity that owns the watercraft.
Premises owners and building owners are also responsible for ensuring that elevators and escalators in operation on their premises are in good working order at all times. These devices transport large numbers of individuals every day, and they need to work well and not malfunction. Moreover, companies that perform repair work on these devices are responsible for undertaking the repairs in a safe, careful, and workmanlike manner.
When premises owners do not keep elevators and escalators on their premises safe or repair companies do not perform repair work properly, and someone suffers an injury as a result, the accident victim can seek monetary damages from the building owner or the repair facility.
Accidents can also occur at amusement parks when rides are not adequately maintained and malfunction, causing riders to suffer serious injuries. Amusement park owners have a duty to regularly inspect all walkways, restaurants, and rides in the park for hazards and keep them reasonably safe for the benefit of all park patrons.
With respect to rides and attractions, personnel have a duty to regularly inspect amusement parks (sometimes several times per day, during peak season) to ensure the rides and grounds are safe for park patrons.
Similarly, inspectors and others who perform repair work on these rides are responsible for conducting any repairs in a safe and workmanlike manner. When an amusement park patron suffers an injury due to a malfunctioning ride, they can file a claim or lawsuit against a potentially responsible person or entity, including the amusement park itself.
In addition to amusement parks and theme parks, swimming pools (including the pool deck surrounding the swimming pool) also contain hazards. Swimming pool owners have a duty to regularly inspect the pool and the premises surrounding it and keep them free from defects.
In addition, the pool owner is responsible for making sure adequate guarding at the pool is present at all times and that a sufficient number of lifeguards are on duty at a given time, based upon the number of bathers in the pool.
Likewise, pool owners must ensure that sufficient rescue equipment and first aid equipment are available for the benefit of pool patrons. If a pool patron sustains an injury or drowns, that patron (or the patron’s loved ones, in the case of a drowning accident) can take legal action against the pool owner or operator for damages.
Finally, injuries that occur on someone else’s premises due to negligent security can bring about a premises liability claim. Premises owners and individuals who own s business, especially shopping malls, stores, bars, hotels, nightclubs, and restaurants, have a duty to ensure that their premises are safe for the benefit of their patrons. Consequently, they have a duty to equip their premises with security cameras or security personnel to keep an eye on what is going on at all times.
In cases where a patron injures another patron on the business premises, such as in the case of an assault, the business owner can be liable if the proper security measures were not in place on the premises.
If you or someone you love sustained an injury on someone else’s premises, you have a legal right to pursue and recover monetary compensation and damages for your injuries. The experienced Lawrenceville premises liability attorneys at Brauns Law Accident Injury Firm can help you determine if you have a valid legal claim against a premises owner, and if so, can help you pursue the compensation you need.
What is the legal duty of a Lawrenceville premises owner?
Generally speaking, premises owners have a duty to maintain their properties in a reasonably safe condition for visitors. When they breach this duty of care and a visitor to the premises suffers an injury, any lawsuit can name the premises owner or operator as liable.
The premises owner does not owe the same duty of care to all visitors of a property. The owner owes the highest duty of care to individuals visiting the premises to further the owner’s business interests. When it comes to business invitees, property owners have a duty to warn about or repair all known hazards on the premises. For example, if the owner is aware of a spill on the floor, they have a duty to warn about the spill or promptly remove it. Business owners should also inspect their properties for unknown dangerous conditions regularly.
Licensees, or social guests, are individuals who visit someone else’s premises for a non-business-related purpose, and the property owner owes a high duty of care to these individuals. Specifically, the premises owner is responsible for warning about known dangerous conditions that the visitor could come across upon a reasonable inspection.
Finally, in most cases, trespassers on the property are not owed a duty of care unless they are a known trespasser. For example, if the premises owner is aware that a child regularly trespasses on the premises, they most likely owe some duty of care to protect the trespasser from a known dangerous condition that exists on the premises.
It is also essential to keep in mind that a visitor’s status on the premises can change over time. For example, if a store customer enters the store premises during business hours, they are likely a business invitee. However, if the visitor remains on the premises after hours, the law considers them a trespasser. In that case, the duty of care owed to the visitor by the premises owner can change.
In cases where the owner of the premises owes the visitor a duty of care, they violate that duty of care by failing to take reasonable action to warn about or correct a known hazard on the premises. If the premises visitor suffers an injury as a result, the visitor can assert a legal cause of action against the property owner for damages. To recover monetary compensation for injuries suffered on the premises of another, the property visitor must demonstrate that the injury or injuries actually resulted from the incident that occurred on the premises.
If you have sustained an injury on someone else’s premises, the experienced Lawrenceville premises liability attorneys at Brauns Law Accident Injury Firm can investigate the circumstances surrounding your incident and determine if you have a valid legal claim. If so, we can assist you in pursuing a claim or lawsuit against the premises owner and pursuing compensation for your injuries.
How long do I have to take legal action against a negligent Lawrenceville premises owner?
If you sustained an injury on someone else’s premises, you have a period of two years from the date of the incident to file a lawsuit against the premises’ owner. Given this relatively short period of time, do not delay when it comes to taking legal action against a premises owner.
If you do not file your lawsuit within this two-year time period, you can no longer file a claim for monetary compensation and damages. The experienced team of Lawrenceville premises liability attorneys at Brauns Law Accident Injury Firm will make sure that any lawsuit that you file against the premises owner is timely and will work to help you recover the compensation you need.
What Damages Are Recoverable in a Lawrenceville Premises Liability Case?
Premises accidents can lead to severe injuries, including broken bones and fractures. If an individual slips and falls on the premises and strikes their head, it’s possible the victim will suffer one or more traumatic head and brain injuries. If the accident victim lands on their back, the accident victim can suffer a serious spinal cord injury, accompanied by some type of paralysis. Finally, if the accident victim strikes their shoulder on the ground, the accident victim can suffer a serious rotator cuff injury.
If you suffered one or more injuries while visiting someone else’s premises, it is possible you needed medical treatment or physical therapy as a result and could not work during the time period you were recovering. Fortunately, all of these damages are compensable.
When you file an insurance claim or lawsuit against a premises owner, you can file a claim for monetary compensation and damages. As part of your claim, you can recoup the costs of your medical bills and lost wages, as well as seek recovery for all of the mental anguish, emotional distress, pain and suffering, and inconvenience that you endured as a result of the injuries suffered in your premises accident.
If you suffered an injury to such an extent that you could not continue in the same line of work, you could file a claim for loss of earning capacity. Likewise, you can recover compensation and damages for the inability to use a body part, for loss of enjoyment of life, and loss of spousal support and companionship. Damages can also be for permanent injuries, including disability or disfigurement.
The knowledgeable legal team of Lawrenceville premises liability lawyers at Brauns Law Accident Injury Firm can help you recover the damages you deserve for the injuries suffered on someone else’s premises due to the premises owner’s negligence.
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