Store Safety and the Holidays

Premises Liability and Store Safety During the Holiday Season

The holidays are here, and stores are bustling with customers. During this busy time retailers must prepare their stores for a safe shopping experience.

Store Safety

Many hidden dangers lurk when careless store owners are more concerned with moving inventory than keeping their property safe. Examples of these dangers include wet floors, falling inventory, poor lighting, and even criminals looking to prey on innocent shoppers. The National Crime Prevention Council provides great safety tips for last minute holiday shoppers.

In Georgia, business owners and occupiers owe their customers a statutory duty to keep their premises and approaches safe. O.C.G.A. § 51-3-1. Whether a business owner exercises ordinary care in a particular situation is usually a question that must be decided by a jury if a lawsuit is brought for personal injuries. Robinson v. Kroger Co., 268 Ga 735 (1997).

In most cases, the property owner can still be held liable even when the owner hires a third party to manage the property. This is called a “non-delegable duty.” However, if the owner surrenders full control to an independent contractor the landowner no longer owes the duties required by O.C.G.A. § 51-3-1. When this happens, the landowner is considered an “out of possession” landlord and the landowner will not be held liable for the third parties’ negligence.

Store Owner Responsibility

Despite these statutory duties, an owner or occupier is not an insurer of its customers safety. First Pacific Management Corporation v. O’Brien, et al., 184 Ga. App. 277 (1987). This means that the law requires the landowner to act in an ordinarily prudent manner to discover dangers and fix them. If the danger cannot be removed, a warning should be given. However, landowners are not obligated to warn against open and obvious hazards. For example, a business owner/occupier is required to warn customers when a floor is slippery from being mopped or recently waxed, but the business would not be required to warn a customer about rainwater near the store entrance during a storm. Roby v. Kroger Co., 219 Ga. App. 459 (1995).

The duty to keep a premises safe is not limited to physical defects on the property. Dangerous animals and persons can harm customers. If the conduct of an employee or third person is sufficient to pose threat of danger to customers, the business owner or occupier must act with care to intervene and prevent injury to innocent customers. A classic example of this is when a business is located in a high crime area and the business owner knows that innocent victims have been robbed in the past. A responsible business owner would hire security and install surveillance cameras to deter the criminals from preying on his customers. When the business owner does not act to deter the criminals from harming customers, the owner may be held liable for his or her negligence. Negligent Security Attorney Joel Williams has resolved several multi-million-dollar cases where innocent victims were harmed by others on a business’s property.

Customer Responsibility

Even though the owner or occupier of land must exercise ordinary care to keep his premises safe, the customer must also exercise care for his or her own safety. If the customer fails to exercise ordinary care for his own safety, his claim may be barred by the doctrine of contributory negligence. For example, if the customer sees a wet spot on the floor, then falls on it, he should not recover because he knew of the hazard and voluntarily encountered it. In Georgia, a Plaintiff cannot recover if he is 50% or more at fault for his injuries. O.C.G.A. § 51-12-33(g).

Superior Knowledge Rule

In all Georgia premises liability cases, the injured party must prove (1) the premises owner had actual or constructive knowledge of the hazard and (2) despite the exercise of ordinary care the plaintiff lacked knowledge of the hazard. Georgia courts often refer to this as the “superior knowledge rule.” If the owner has superior knowledge of the hazard and the hazard causes the Plaintiff’s injuries, the business owner is liable. Custer v. Coward, 293 Ga. App. 316, 319 (2008).

If you or a loved one has been injured on a business property due to the carelessness of the business owner, contact the attorneys at Williams Elleby for your free case evaluation by calling 833-LEGALGA or 833-534-2542. If your injuries are serious, you may be entitled to substantial financial compensation.

The Georgia Recreational Property Act

Georgia recreational property act

Fall is the perfect season for spending time outdoors with family, especially in the beautiful state of Georgia. Camping, hiking, fishing and hunting are just a few popular outdoor activities that Georgia residents enjoy doing. However, few people actually own land that can be used for such purposes. Instead, most people use public land or use private land that has been made available to the public.

Great places to spend time outdoors in the North Georgia area include:

Great places to spend time outdoors in the South Georgia area include:

When someone in Georgia suffers an injury on land that has been made available for recreational purposes, however, the Georgia Recreational Property Act (GRPA) bars the injured person from suing the landowner in most cases.

The purpose of this law is to encourage landowners to make their land available for recreational activities. Without the GRPA, many landowners would close off their land to the public to eliminate their risk of liability, and in doing so cut millions of people off from the ability to enjoy their favorite outdoor activities.

Activities Covered by the GRPA

Only land made available for recreational purposes is covered by the law. Several notable activities, such as cycling and running, are not actually covered by the law. The law strictly defines “recreational purposes” as:

  • Hunting
  • Fishing
  • Swimming
  • Boating
  • Camping
  • Picnicking
  • Hiking
  • Pleasure driving
  • Nature study
  • Water skiing
  • Winter sports
  • Viewing or enjoying historical, archeological, scenic, or scientific sites

Exceptions to the GRPA

There are two major exceptions to the GRPA that landowners and outdoor enthusiasts should be aware of. The GRPA does not apply when there has been a “willful or malicious failure” of the land owner to guard people against a dangerous condition. Therefore, landowners that make their land available to the public still have a duty to take action to prevent harm when they are aware of a dangerous condition on their property.

The GRPA also does not apply when a landowner charges a fee for the use of the land. Landowners should remember that they forfeit their immunity under the GRPA if they charge any fee in exchange for permission to use their land; but if the fee is collected for some other purpose, the GRPA will still apply. For instance, if a land owner profits by selling goods on the same property, the GRPA will still provide immunity despite the fact that they are making money as long as the purchases are not required in order to use the land.

For More Information, Contact Williams Elleby

While participating in outdoor activities is a fun way to spend your time, injuries may happen. If you suffer an injury while doing a recreational activity, or if you are a landowner making your property available to others for recreational purposes, it is important to be aware of the Georgia Recreational Property Act and to protect your legal rights accordingly.

The experienced legal team at Williams Elleby has deep knowledge of all aspects of Georgia tort law and represents clients in personal injury cases all throughout the state of Georgia. If you have suffered a personal injury and would like to discuss your case, contact Williams Elleby today at 833-LEGALGA to schedule a free consultation.

Amusement Park Safety

amusement park safety victims
AMUSEMENT PARK SAFETY

Accidents happen every day at amusement parks around the country, including those in Georgia. Many times these accidents are caused by the avoidable negligence of the guest, the amusement park or both. While visitors should enjoy their time at the amusement park, safety should not become a second thought. Guests should prioritize their safety, and victims of amusement park negligence should be aware of their rights and seek justice.

AMUSEMENT PARK SAFETY TIPS

Know your limits. There are numerous health conditions that make riding on fast rides, such as a roller coaster, especially dangerous. Be aware of how a ride may interact with any health conditions you have. Have fun, but be cautious about putting too much stress on your body. This can have long-term effects on your health and well-being.

Respect warning signs. Assume the amusement park has foreseen a clear harm that is likely to occur if the signs are ignored. If you have children that are old enough to be left alone, make sure they understand the risks of not adhering to park rules. Reviewing park safety before you go your separate ways is key to keeping your child safe.

Never enter restricted areas. Do not assume that restricted zones are just glorified employee break areas. Odds are they aren’t places for employees to hang out, but are actually dangerous areas. Reduce your risk of injury by avoiding these areas.

NEGLIGENCE BY AMUSEMENT PARKS

Sometimes people are injured at amusement parks through absolutely no fault of their own. A recent example was seen in New Jersey, when the Six Flags log flume malfunctioned and sent two guests to the hospital. The boat tipped at an angle, causing it to not complete a cycle. Even though the injuries were minor, it was still no doubt a traumatic experience, not to mention a major inconvenience.

Many other cases end with much worse results. For instance, in July of 2021 an eleven-year-old boy, Michael Jaramillo, died while on a Raging River raft at Adventureland Theme Park. The raft malfunctioned and overturned about 20 seconds into the ride, causing the six passengers to have their heads stuck underwater until help arrived. Unfortunately, this is not an uncommon occurrence.

Whenever these types of accidents occur, victims are entitled to bring a claim against the amusement park or any other company in charge of maintaining the rides. In Georgia, these will normally be negligence or premises liability claims, which allege that the amusement park failed in its duty to keep patrons safe. If you would like more information about amusement park safety or to discuss your accident case, call Williams Elleby, at 833-LEGALGA (833-534-2542)

Hotel Premises Liability Cases

hotel liability case

Understanding Hotel Premises Liability Cases

Georgia is a unique state in terms of its geography, history and culture. According to the Georgia Department of Economic Development, our state welcomed a record 111.7 million visitors in 2018. Millions of these people stayed in our hotels, and Georgia tourism has become a $68.96 billion industry.

The hotel industry profits enormously from tourism and travel in Georgia. In return, hotels that do business in Georgia have a duty to keep their hotels safe for visitors. Despite this duty, thousands of personal injuries occur each year in Georgia hotels. Some of these accidents are unavoidable, and other times hotel patrons irresponsibly cause harm to themselves in ways the hotel can’t control. But in a majority of cases, a hotel is at fault for failing to maintain the safety of the hotel premise.

Georgia Premises Liability Claims Against Hotels

Premises liability claims in Georgia derive from Title 51 Chapter 3 Section 1 of the Official Code of Georgia. This law holds that when landowners invite others onto their property, including when hotels invite people to stay in the hotel, they must “exercise ordinary care in keeping the premises and approaches safe.” This duty of ordinary care means hotel rooms and other hotel spaces must be free from conditions that could cause harm. It also means hotels must take reasonable precautions to maintain hotel security and ensure areas like workout rooms and swimming pools are safe for guests.

When is a Hotel Liable for Injuries?

There are many instances in which a hotel may be liable, and there are a few cases that have taken place in our area. If you’ve been harmed because of an unsafe condition that existed in a hotel, you may be entitled to compensation. The key to determining if a hotel is liable for the harm depends on whether the hotel failed to “exercise ordinary care.” There are several important factors that go into this determination, including:

  1. The condition that caused the harm must be dangerous or unreasonable
  2. The hotel must have failed to remedy the condition and/or failed to warn hotel patrons about the risk, even though it had the opportunity to do so
  3. The dangerous condition must have caused the harm

What is Involved in a Hotel Premises Liability Case?

These elements may seem simple, but hotel premises liability cases are often highly complex and hotly contested. Hotels will fight tooth and nail to avoid liability in court. Hotels that are a part of a larger chain may put up a particularly tough fight. Proving that a condition was dangerous and that it was the cause of the harm often requires expert witnesses and eyewitness testimony. In some cases, a medical expert may also be necessary to explain to the court exactly how the hotel defect caused the harm.

However, it is not enough to prove that a dangerous condition existed and caused the harm. A hotel must have negligently failed to fix the problem. This means it must be proved that a hotel knew or should have known about the condition and failed to fix the problem or warn patrons about it.

Georgia courts follow the “superior knowledge” doctrine, which holds that a hotel must have had superior knowledge of the dangerous condition when compared to the plaintiff. Therefore, if a plaintiff was aware of the danger but ignored the risk, the business may not be liable, even if they knew or should have known about the risk. Proving that a hotel could have or should have remedied the problem can also require large amounts of evidence, such as hotel records or surveillance footage.

If You’ve Been Injured While Staying at a Georgia Hotel, Call Williams Elleby Today to Discuss Your Case

If you or a loved one has been injured in a Georgia hotel, the legal team at Williams Elleby can help you get the compensation you deserve. Williams Elleby offers free consultations and accepts cases on a contingency fee basis. Located in Kennesaw, Georgia, Williams Elleby represents clients in all areas of Georgia. To discuss your case, call 833-LEGALGA (833-534-2542).

 

Responsibilities of “In Possession” and Absentee Landlords

Responsibilities of Landlord Premises Liability Personal Injury Attorney Georgia

In Georgia, landlords are required by law to meet certain safety and maintenance requirements. When a landlord negligently fails to keep his premises reasonably safe for use and someone is injured or killed while they were on or near property, they may be able to file a premises liability lawsuit against the landlord. In Georgia, landlord premises liability lawsuits and the recovery of damages depends on whether a landlord is an “absentee” or “in possession” landlord.

What Is an “In Possession” Landlord?

An “in possession” landlord is either a person or entity that occupies the property or otherwise maintains substantial ownership and control over the property, even after it is rented out to a tenant. Reserving the right to periodically inspect the property does not usually constitute being “in possession” of the property.

Responsibilities of an “In Possession” Landlord

A landlord that is “in possession” of a property is usually governed by the stricter standards that apply to property owners. Georgia law states that a property owner must exercise ordinary care to keep a property safe for any “invitee” who approaches, exits, or is present on the property.

An invitee is one who is induced by express or implied invitation to come onto an owner’s property. During the term of their lease, a tenant would be an invitee of the apartment, condominium, or office building where they live or work. Under this standard, the landlord owes a duty of care to keep his premises safe. He is liable for damages when injuries are caused by his failure to exercise ordinary care.

The duty to keep premises safe is not limited to just the construction and maintenance of buildings or other physical structures located on the property. The owner/landlord is obligated to keep outside ramps and stairs, driveways, sidewalks, curbs, and parking lots in good repair. For any lawns, landscaping must also be kept in a safe condition. Additionally, Georgia courts have held that the duty to keep premises safe may also include the obligation to provide adequate security and required fire protection.

What Is an Absentee Landlord?

An absentee landlord is either a person or entity that owns and then rents out property. If the landlord does not occupy the property and does not exercise much day-to-day control over the property, they are considered to be “not in possession” and therefore absent. Simply put, if the landlord does not live, reside somewhere on the property, or access the property most days, they are an absentee landlord.

Responsibilities of an Absentee Landlord

Georgia statute states that when a landlord is not in possession of rental property, his or her liability is limited to those damages from “defective construction” or from failure to “keep the premises in repair.” This is a lower standard of care than would be required if they were in possession of the property.

Defective Construction

An absentee landlord may be liable for defective construction if they:

  • Did the construction work themselves;
  • Directly supervised the construction work; or
  • Had knowledge of the defective construction.

Keeping the Premises in Repair

In addition to construction defects, injuries can also occur when a landlord fails to repair a hazardous condition on the property. In order to be liable for failure to repair, Georgia courts have generally found that the landlord must have had knowledge of the hazardous condition needing repair. If the landlord knew about a potentially hazardous condition and did not take steps to repair it within a reasonable amount of time, the landlord may be found liable for resulting injuries. In some cases, landlords have also been found liable for hazards they should have known about based on performing regular inspections.

For More Information, Contact Williams Elleby

If you, a friend, or a family member have been injured while on someone else’s property, contact  Williams Elleby, to schedule a free consultation by calling 833-LEGALGA.

Is an Apartment Building Liable for a Broken Security Gate?

Who Is Liable for Broken Security Gate and Personal Injury?

Georgia landlords have a duty to fix broken security gates in order to keep residents safe. This is especially true when they have notice of criminal activity nearby. If there is a history of break-ins or robberies in the area, your landlord may be required to provide heightened security. When a complex falls into disrepair, your landlord may be on the hook for injuries suffered as a result of negligent security. One of the most common cases of negligent security is the failure to repair a faulty security gate. And, unfortunately, the consequences of a defective security gate can be deadly.

Liability for Negligent Security in Georgia

The owners and managers of Georgia apartment complexes owe a duty to both tenants and visitors to take steps to prevent crime on their premises. O.C.G.A. § 51-3-1. Any apartment complex that fails to take reasonable steps to ensure the safety of their tenants could be held liable for the damages that result from crime on the property. Walker v. Aderhold Properties, Inc., 303 Ga. App. 710 (2010).

Landlords and property managers are not liable for every crime that occurs at a Georgia apartment complex. There are two primary requirements that must be met for liability to apply to a landlord:

  • The criminal actions must have been foreseeable
  • The landlord must have failed to take reasonable measures to prevent crime

Foreseeable Threat

To be liable to a crime victim, a landlord or property manager must have been able to foresee the possibility of the crime in question. Drayton v. Kroger Co., 297 Ga. App. 484 (2009). The best way to prove a crime was foreseeable is to determine if similar criminal activity has occurred on or around the complex. If the apartment has had a string of break-ins, or if the surrounding neighborhood has a history of muggings, the threat may have been foreseeable to the point that your landlord should have taken steps to prevent it. In assessing the foreseeability of similar crimes, Georgia courts will “inquire into the location, nature and extent of the prior criminal activities and their likeness, proximity or other relationship to the crime in question.” Sturbridge Partners, Ltd. v. Walker, 267 Ga. 785 (1997).

Reasonable Measures

The second requirement is that the landlord failed to take “reasonable” steps to address the threat. Whether or not a step is reasonable is entirely subjective and determined on a case by case basis. Matt v. Days Inns, 212 Ga. App. 792, 794 (1994). If a negligent security lawsuit ends up going to trial, it will be up to the jury to determine if the steps taken were reasonable. But when it comes to the failure to repair a broken security gate, a strong case can be made that it is unreasonable allow a gate to remain in disrepair. After all, the gate is there for a reason.

While landlords and management companies might point to the cost of maintaining security gates, those costs are less than other security measures that may be necessary in areas where violent crime is rampant. Additionally, any savings from failing to maintain a security gate can quickly be wiped away by one incident of vandalism or property damage. Plus, it is a small price to pay for a landlord to protect their tenants.

Discuss Your Case With A Georgia Negligent Security Attorney

If you were a victim of crime at your Georgia apartment complex, you may have a claim based on your landlord’s failure to provide adequate security. A Georgia premises liability lawyer can review your case and determine if your landlord failed to take reasonable steps to protect you. To learn more, contact our firm at 833-LEGALGA for a free consultation. If you aren’t ready to speak to an attorney, you can learn more about negligent security cases on our YouTube Channel.

What Is an Attractive Nuisance?

Pool Safety and Attractive Nuisance Personal Injury Laws in Georgia

Children are naturally curious about their surroundings and can be harmed by what the law considers to be an “Attractive Nuisance.” Under Georgia law, any feature that could (a) draw the interest of a child and (b) potentially harm them is known as an attractive nuisance. The perfect example is a swimming pool. If a landowner fails to take appropriate steps to protect the public from this hazard, they could be liable for any injuries suffered by a child.

The combination of a child’s natural curiosity and the inability to identify potential hazards can be a recipe for disaster when a child is looking for a place to play and comes across a dangerous feature on another person’s property. If your child is injured due to an attractive nuisance in Georgia, you may be entitled to recover for your child’s medical bills. If your child dies after encountering an attractive nuisance, we can help you understand the challenges that are involved with bringing a wrongful death claim for the loss of a child.

Attractive Nuisance Liability in Georgia

For a landowner to be liable under the Attractive Nuisance theory, a few things must be proven. After all, not every nuisance is attractive and not every injury was feasibly preventable. A landowner is liable under the Attractive Nuisance theory if:

  • There is a dangerous condition on their property;
  • The hazardous condition was likely to attract young children;
  • A child, incapable of understanding the danger due to their age, was injured by the condition;
  • The landowner failed to take steps to guard against the injury; and
  • That preventing access to the condition or rendering it harmless was feasible without obstructing its intended purpose.

See Gregory v. Johnson, 249 Ga. 151, 154-155 (1982). In other words, a landowner owes a duty to any child that might be injured by a condition on their property that is attractive to the child. This is the case as long as it was feasible for the landowner to prevent access to the condition or render it harmless without obstructing the condition’s purpose. For example, an oil pump that might appear to a child as a teeter-totter may not be rendered entirely safe without affecting its ability to pump oil.

If all of the conditions described above are met, the landowner may be found liable for the injuries of the child. It is important to note that the duty owed to a child in these circumstances is much higher than that owed to an adult trespasser. In many cases, a landowner may be liable to a trespassing child for a dangerous condition but liability would not lie for injuries to a trespassing adult in the same situation. These nuisances can be either privately owned or public property.

Examples of Attractive Nuisances

Every premises liability case is different. However, there are a variety of examples that come up frequently in Attractive Nuisance lawsuits. Here are some of the most common examples of an attractive nuisance:

  • Railroad turntables
  • Empty swimming pools
  • Construction sites
  • Wells
  • Power lines
  • Man-made fountains
  • Abandoned cars
  • Farm equipment

These are only a few of the possible Attractive Nuisances that are common in Georgia. In many of these examples, the circumstances in each case could affect whether Attractive Nuisance liability applies. For example, farm equipment that was storable inside secure fencing might be an attractive nuisance, while equipment at a location where fencing is impossible may not qualify.

Premises Liability Attorney in Georgia

Every Attractive Nuisance case is different and will require extensive research and investigation. If your child or loved one suffered an injury on the property of another, it is possible that the property owner is liable for their damages. To discuss your options with an experienced premises liability attorney, contact us today at 833-LEGALGA.

Negligent Supervision of Children

negligent supervision of children

Parents and caregivers of children have a legal duty to supervise children under their care. Negligent supervision of children can create a legal issue when a child hurts him or herself or when a child causes harm to someone else because no adult was watching them. In these cases, the adult that was supposed to be watching them can be held liable. 

Negligent Caregivers and Harm to Children 

When a parent leaves their child in another person’s care, they are placing a huge amount of trust in that person to keep their child safe. Caregivers — like daycare attendants, babysitters, nannies, teachers, coaches, and camp counselors — have a responsibility to safeguard children under their care. When caregivers fail to take reasonable steps to keep a child under their care safe, they have breached a legal duty and are liable for whatever harm is caused to the child as a result. Whether a caregiver acted unreasonably is a question of fact that must be determined on a case-by-case basis. 

Georgia Parental Liability Laws 

The other category of cases involving negligent supervision of children occurs when a child causes an injury to someone else. If a child was under the care of a daycare provider, teacher, guardian, or any other person with a legal duty to watch over the child at the time of the injury, then that party may be found liable to the person that was harmed. In all other instances, Georgia law holds parents vicariously liable for the wrongful acts of their children. This type of liability is not tied to a parent’s negligent supervision, but rather to the child’s actions. However, negligent supervision and parental vicarious liability are issues that are often closely tied together. 

Under Official Code of Georgia Title 51 Chapter 2 Section 2, parents are liable for negligent and intentional torts committed by their children. Unsupervised children can cause harm in myriad ways because they lack mental and emotional maturity. Georgia courts have determined that liability under that § 51-2-2 extends to auto accidents caused by children under the “family purpose doctrine.” This means that, generally, whenever a minor causes an accident while driving the family vehicle, the parents can be held liable. 

The Official Code of Georgia Title 51 Chapter 2 Section 3 additionally holds that parents are liable for the “willful and malicious” conduct of their children “in an amount not to exceed $10,000.00 plus court costs.” Because damages are capped at $10,000 for willful and malicious conduct, but not for negligent acts, it is important to have cases carefully evaluated to ensure that the proper statute applies. It is also important to note that § 51-2-3 states that it is not intended to provide a restrictive remedy, meaning that parents can be liable for the willful and malicious conduct of their children beyond the $10,000 limit if other theories of liability also apply. 

For More Information, Contact Williams Elleby 

If you would like more information about this issue, or if you would like to discuss your case, contact Williams Elleby, to schedule a free consultation today by calling 833-LEGALGA.

Can I Recover if I am Burned on Someone Else’s Property?

recover burned someone else property

Burn injuries occur frequently, and when they do they can be devastating. The American Burn Association states that there are nearly 500,000 burn injuries each year in the United States. Burn injuries are excruciating physically and the damage caused by a burn injury can endure for the rest of a person’s life. If you have suffered a burn injury while on someone else’s property, the experienced personal injury attorneys at Williams Elleby, can help you understand your legal rights and options. Williams Elleby, is dedicated to getting each client the compensation they deserve. 

Georgia Premises Liability Law 

The first thing to consider if you have been injured on someone else’s property is whether you have a premises liability claim against the owner of the property. The general rule is that a property owner has a duty to exercise a reasonable standard of care to ensure that their property is safe. A property owner has a heightened duty towards those that have been invited onto a property. Under O.C.G.A. 51-3-1, “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” Towards all others, a property owner must not recklessly or intentionally cause harm. 

Burn injuries can occur when a property owner fails to maintain equipment, leaves dangerous or flammable chemicals exposed, or neglects to repair a dangerous electrical system. If a property owner negligently fails to use reasonable care to prevent others from being burned, they are liable under Georgia’s premises liability law for any harm that occurs. 

Special Statutory Protections for Certain Landowners 

Georgia has enacted special protections for certain property owners. Under the Georgia Recreational Property Act: “An owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.” The law is intended to encourage property owners to make their land available to the public for things like hunting, fishing, and hiking. 

This law also states that when a property owner invites persons onto their land for recreational purposes they do not extend any assurance that the property is safe for any purpose, confer the legal status of an invitee or licensee to people they invite, or assume any responsibility for injury to person or property. A property owner will only be liable for harm if they have charged the victim a fee to use the land or if they willfully or maliciously failed to guard or warn against a dangerous condition. 

Products Liability 

If an accident was caused by a defective product, the victim can bring a products liability claim against the manufacturer. If a victim was injured by a product while on another person’s property, it may be difficult to know whether a premises liability or products liability claim is more appropriate. The experienced personal injury attorneys at Williams Elleby, help accident victims understand their legal rights and options in these circumstances. 

Comparative Fault 

All types of personal injuries in Georgia are subject to a comparative fault analysis. This means that if a plaintiff is partly at-fault in causing their own harm, their compensation will be reduced accordingly. If a plaintiff is found to be more than 50 percent at-fault in causing their own harm, they will not be entitled to any compensation under Georgia law. 

Types of Burn Injuries 

These are the six main types of burn injuries: 

  1. Heat (thermal) burns. 
  2. Cold burns 
  3. Electrical burns 
  4. Chemical burns 
  5. Radiation burns 
  6. Friction burns 

Contact Williams Elleby, to Discuss Your Case Today 

Williams Elleby, is dedicated to maximizing compensation for burn injury victims. This can include compensation for medical expenses, lost wages, and pain and suffering. If you or a loved one has suffered a burn injury, Williams Elleby is here to help. Williams Elleby, offers free consultations and takes cases on a contingency fee basis. Call today to discuss your case at 833-LEGALGA.

Falling Objects Causing Injuries at a Work Site—Who’s at Fault?

falling object job injury fault

According to the Federal Department of Labor (DOL), approximately 3 million workers are injured on the job each year, and more than 4,500 are killed. Many of these accidents are caused by falling objects. In fact, the DOL has labeled falling objects as one of construction’s “fatal four” types of accidents. If you or a loved one has been injured by a falling object at a work site, you should be aware of your legal rights and options. Williams Elleby, is dedicated to getting accident victims the compensation they deserve. To schedule a free case evaluation, call 833-LEGALGA today.

Falling Object Injuries on Work Sites

Whenever work is being done on multiple levels, there is always the risk that debris will fall or objects will be dropped, even when workers are using reasonable care. Severe injuries from falling objects at work sites often can be blamed on the failure of workers to wear a hard hat. Workers should always wear a hard hat when there is even a small possibility of falling objects.

Employers have a duty under OSHA regulations to maintain a safe work site and ensure that workers have the proper protective gear. Workers have a right to request an OSHA safety inspection if they feel conditions are unsafe, and employers are forbidden from retaliating against workers that make such a request.

Ultimately, however, for workers covered by Georgia’s Workers Compensation Law, a determination of fault is ultimately irrelevant in most cases. This is because under this law, workers automatically receive benefits when they are injured on the job, regardless of who is at fault. However, compensation is also limited.

Georgia’s Workers’ Compensation Law

Workers’ compensation functions by providing workers injured on the job with automatic compensation for harm and with benefits if they become disabled. Workers’ compensation insurance also provides benefits to dependents if a worker dies as a result of a job-related injury. The trade off, however, is that workers are prohibited from bringing lawsuits against employers (or co-workers) if they suffer harm in the course and scope of their employment.

Determining whether workers’ compensation applies is often complicated. In the State of Georgia, any employer with three or more employees is required to carry workers’ compensation insurance. When jobs utilize contractors and subcontractors, it is often unclear at first whether a particular worker will be covered by the law. The experienced personal injury attorneys at Williams Elleby, help worksite accident victims navigate the law so that their rights are protected.

Non-Worker Victims of Harm

Non-workers are not, of course, covered by Georgia’s Workers’ Compensation Law. For instance, if a pedestrian strolling past a construction site is struck by a falling object, they are free to bring a negligence claim against the party or parties responsible. In cases where debris falls from a building, a premises liability claim could be brought as well. Premises liability claims can be brought when property owners are at fault for failing to ensure that their property is free from unreasonable hazards.

Damages in a Personal Injury Suit

Georgia personal injury law is intended to fully compensate victims for their harm. Compensation from a personal injury lawsuit, also called damages, is intended to pay for things like medical expenses, lost wages, and pain and suffering. In cases where a defendant exhibited intentional or reckless conduct, punitive damages may also be possible. However, it must be remembered that personal injury victims covered by the Georgia Workers’ Compensation Law will be strictly limited to the compensation permitted under that law.

For More Information, Contact Williams Elleby

Worksite accidents can be devastating, particularly when caused by falling objects. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby, work hard to get accident victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams Elleby, serves clients throughout the State of Georgia. If you or a loved one has suffered an injury at a work site due to a falling object, the attorneys at Williams Elleby, can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-LEGALGA today.