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Premises Liability Attorneys Serving Georgia Victims of Negligent Property Owners

Georgia law requires property owners to use reasonable care in maintaining their premises, including the duty to avoid exposing visitors and guests to unreasonable risk of harm. A property owner must inspect the property for dangerous conditions and either repair any hazardous conditions found or provide adequate warning of them.

When guests and visitors are injured due to unaddressed hazards, property owners can be held accountable in a premises liability lawsuit. At The McGarity Group, our premises liability attorneys focus on helping you obtain full and fair compensation for your injuries and the damages you have suffered.

Common Hazards Leading to Premises Liability Claims

The list of possible property hazards is seemingly endless. However, some hazardous conditions that commonly lead to premises liability claims include:

  • Cracked and broken sidewalks: Patches of ice or crumbling concrete on a sidewalk surrounding a building can cause trip and fall accidents.
  • Unsafe stairways or ramps: If there are stairs or ramps on a piece of property, the property owner has a duty to make them reasonably safe, including providing adequate railings and slip-resistant materials.
  • Slippery surfaces: Liquid spilled on a floor, or freshly waxed surfaces can cause a slip and fall injury.
  • Tripping hazards: Boxes left on the floor, uneven flooring, and loose carpeting are all examples of easily preventable hazards that commonly lead to injuries.
  • Exposed electrical wiring: Electric shock from improperly maintained electrical wiring can also cause a serious injury.
  • Failure to restrain aggressive dogs: Dog bites and attacks commonly happen on the dog owner’s property. However, they are still actionable even if they occur elsewhere.
  • Malfunctioning elevators and escalators: Accidents involving escalators and elevators can occur in any commercial, residential, or government building.
  • Unguarded pools: Young children are at risk of drowning if they wander into a pool area that is not properly fenced off or otherwise secured.

Because premises liability law can be confusing, it’s in your best interests to seek guidance from a premises liability lawyer who knows the law, can help determine who’s at fault, and is experienced with obtaining the maximum amount of monetary recovery for you.

Injuries Caused By Negligent Security

On commercial properties such as retail stores and apartment buildings, property owners and managers typically have a duty to take reasonable measures to deter criminal activity and protect residents, visitors, and guests. Sadly, it is common for people in apartment complexes to be injured by criminal activity because landlords failed to install security cameras, repair broken locks in a timely manner, hire security guards, and take other basic steps to safeguard the property. If you or a loved one were victimized by criminals due to negligent security, we invite you to discuss your legal options with our experienced negligent security attorneys.

Georgia Premises Liability Law

Under Georgia Code § 51-3-1, property owners and occupiers must exercise ordinary care in maintaining safe premises for their invitees — those who are explicitly or implicitly invited onto the property for lawful purposes. When negligent maintenance, inadequate security, or hazardous conditions lead to injuries, victims have the right to pursue compensation through a premises liability claim with the help of a qualified premises liability attorney.

At McGarity Law, we guide clients through every step of the premises liability claims process:

  • Initial Case Review: We carefully evaluate your incident, documenting all unsafe conditions and security failures that contributed to your injury while gathering critical evidence like maintenance records, security logs, and witness statements.
  • Property Owner Liability Assessment: Our team examines how the property owner fulfilled their legal obligations and identifies all responsible parties, from building managers to security companies.
  • Evidence Preservation: We immediately send preservation notices to prevent the destruction of key evidence and work with expert witnesses to establish negligence.
  • Strategic Negotiation: Drawing on our experience representing insurance companies, we skillfully negotiate with adjusters to pursue maximum compensation for your medical bills, lost wages, and other damages.

If you’ve been injured due to unsafe property conditions, contact our negligent security lawyers promptly to protect your legal rights.

Premises Liability Statistics

Over the past three years, McGarity Group has successfully secured $1,457,500 in premises liability and personal injury settlements, demonstrating our exceptional track record in handling complex liability cases.

Our Notable Settlements Include:

  • HOA Property Injury — $450,000. A client sustained injuries requiring extensive surgery while on homeowners association property, resulting in one of our largest premises liability settlements.
  • Commercial Establishment Fall — $325,000. Secured a substantial jury verdict for an elderly client who suffered a broken ankle after falling at a retail establishment, highlighting our success in protecting vulnerable clients.
  • Hotel Balcony Incident — $112,500. Obtained compensation for a client who sustained head and neck injuries due to objects being thrown from a hotel balcony, demonstrating our expertise in negligent security cases.
  • Hotel Property Hazard — $110,000. Successfully represented a client who broke their foot due to wet carpet conditions in a hotel, establishing property owner negligence in maintenance.
  • Restaurant Safety Violation — $100,000. Secured compensation for a customer who required multiple surgeries after being attacked by birds outside a restaurant, showing our ability to handle unique liability scenarios.
  • Fast-Food Establishment Injury — $100,000. Obtained a settlement for a client who suffered a fractured hip due to a wet floor outside a restaurant bathroom, highlighting owner negligence in maintaining safe premises.

Our success is reflected in our consistently strong results. We maintain an average settlement amount of $208,000 across our premises liability cases. A remarkable 71% of our cases have resulted in settlements exceeding $100,000, with a perfect success rate in securing compensation for our clients. Through seven successfully resolved cases, we’ve demonstrated our commitment to maximizing client compensation while holding property owners accountable for maintaining safe premises.

What Should You Do If Injured On Another Person’s Property?

If you are injured on somebody else’s property, it is important to take certain actions and avoid others. Below are a few tips to consider:

  • Seek medical treatment for your injuries because the severity of injuries is not always immediately apparent.
  • Collect evidence, such as taking pictures with a camera or cell phone. Also, gather the names and contact information of any witnesses to your injury or of anyone who has knowledge of the dangerous condition.
  • If you are injured at a business and an injury report is completed, be sure to obtain a copy of it before you leave (but do not sign it).
  • Avoid providing any statements to the owner of the premises, and do not sign anything. It is especially important that you do not say anything that would imply fault on your part.
  • Contact a premises liability lawyer, and do not settle your claim without speaking to a lawyer first.

If you were injured on a friend’s property, you likely don’t want to sour the relationship by suing them directly. However, it is still worth exploring your options with us. In many cases, a claim we brought would be against the property insurance company, not the property owner. You may have options for taking legal action that don’t threaten an existing relationship.

Why You Should Hire a Premises Liability Attorney

A premises liability attorney provides invaluable support in recovering damages after sustaining an injury on someone else’s property. Under Georgia Code § 51-12-4, damages are awarded as compensation for injuries, with the amount determined by estimating the monetary value of the harm suffered. The law specifies that minor injuries or cases with strong mitigating circumstances may only receive nominal damages, making it essential to have skilled legal representation to properly evaluate and pursue your claim.

An experienced negligent security attorney can help you pursue compensation for the following:

  • Economic Damages: Medical expenses, including emergency care, surgeries, rehabilitation, and future medical needs. Your attorney can draft a Letter of Protection to postpone medical bills until your claim is resolved. Lost wages and diminished earning capacity if your injury affects your ability to work or advance in your career.
  • Non-Economic Damages: Pain and suffering compensation for both physical pain and emotional distress, such as anxiety or PTSD following your injury. Loss of enjoyment of life if your injuries prevent you from participating in activities you once enjoyed.
  • Punitive Damages: In cases of extreme negligence, you may be eligible for additional compensation up to $250,000 to punish particularly egregious property owner behavior.

Our attorneys work with expert witnesses to accurately calculate future medical costs and lost earnings, ensuring you receive full compensation for the immediate and long-term impacts of your injury.

Compensation in a Premises Liability Claim

After suffering an injury on someone else’s property, understanding the compensation process is vital for protecting your rights. Under Georgia Code § 9-3-33, specific timeframes apply to your claim:

  • Personal injury claims must be filed within two years of the injury date
  • Loss of consortium claims must be filed within four years
  • Injury to reputation claims must be filed within one year.

The compensation process typically involves:

  • Gross Settlement Determination: The total amount agreed upon covers medical expenses, lost wages, pain and suffering, and potential punitive damages. Our attorneys engage in thorough settlement negotiations with insurance companies to ensure maximum compensation.
  • Settlement Deductions: Attorney fees based on a contingency fee agreement. Medical liens and unpaid medical bills must be addressed. Court costs and legal expenses, including expert witness fees.
  • Final Disbursement: You receive the net settlement amount after all deductions. Payment is typically processed within 10 days. Options include lump sum or structured settlement payments.

It’s important to note that while premises liability settlements are generally not taxable in Georgia, punitive damages may be subject to taxation. Our premises liability attorneys will guide you through each step of the settlement process, ensuring all deadlines are met, and your interests are protected.

FAQs about Premises Liability and Negligent Security

Our personal injury attorneys are unwaveringly dedicated to providing clients with information about their premises liability claims. Here are answers to some common questions we receive.

What is a premises liability claim?

A premises liability claim is a legal case brought by an individual who sustains injuries on another person’s property due to negligent and unsafe conditions. Premises liability claims are often related to hazards like slippery surfaces, poor maintenance, poor lighting, or inadequate security, all of which can lead to someone getting injured. Property owners can be held accountable for injuries when their negligence is proven.

What kind of accidents can lead to a premises liability claim?

Various accidents can prompt a premises liability claim. Common scenarios include slip-and-falls on wet surfaces in stores and injuries caused by uneven flooring or malfunctioning elevators. Injuries from assaults in parking lots and parking garages may also qualify. Dog bites due to inadequate control of a property owner’s pets can also fall into this category. Any injury resulting from unsafe property conditions may warrant a premises liability claim.

What do I need to prove in a premises liability claim?

To succeed, you generally need to prove that the property owner was negligent. This involves demonstrating that a hazardous condition existed, that the owner knew or should have known about it, that they failed to address the issue, and this negligence caused your injury. An experienced premises liability lawyer can provide guidance tailored to your situation.

Who can be held liable in a premises liability claim?

Liability in these claims extends to various parties, including property owners, occupiers, or those responsible for the property’s maintenance. The key factor is demonstrating control or possession of the property. If negligence is proven, anyone in control may be held responsible for your injuries caused by unsafe conditions.

What are the common places that premises liability accidents occur?

Premises liability accidents commonly occur in retail establishments, hotels, restaurants, residential properties, including HOA areas, and commercial buildings. Our experience includes cases involving wet floors in restaurants, hazardous conditions in hotels, inadequate security in commercial properties, and unsafe conditions in residential common areas.

What types of damages can I pursue in a premises liability case?

Under Georgia Code § 51-12-4, you can pursue economic damages (medical expenses, lost wages), non-economic damages (pain and suffering, loss of enjoyment of life), and punitive damages up to $250,000 in cases of extreme negligence. You may also qualify for loss of consortium claims if your injury affects your relationship with your spouse.

Could you recover compensation if you’re partly to blame in a premises liability case?

Yes, under Georgia’s Comparative Negligence Law (Georgia Code § 51-12-33), you can recover compensation as long as you are less than 50% responsible for your injuries. However, your compensation will be reduced by your percentage of fault. For example, if you’re 20% at fault, you’ll receive 80% of the awarded damages.

How long do I have to file a premises liability lawsuit in Georgia?

According to Georgia Code § 9-3-33, you have two years from the date of injury to file a personal injury lawsuit and four years for loss of consortium claims. Missing these deadlines may result in losing your right to compensation.

Do You Have A Case? Contact Us to Discuss Your Options

If you were hurt on dangerous property in the greater Atlanta area or anywhere else in Georgia, contact our experienced negligent security lawyers at The McGarity Group to schedule a free initial consultation. You can reach out online or call our Buford office at 770-932-8477.