Frequently Asked Questions Answered: Premises Liability

Premises liability law governs the responsibilities of landowners and occupiers of land in guarding against hazardous conditions on their property. In other words, negligent property owners may be liable for injuries and accidents that occur on their property. Slip and fall cases are by far the most common type of premises liability cases, but there are several other cases, including, but not limited to: ● Accidents caused by road and sidewalk defects ● Dog bite injuries ● Icy or slippery entranceways ● Asbestos exposure ● Inadequate/negligent security ● Elevator, escalator, and stairway accidents ● Swimming pool accidents You may be able to file a premises liability lawsuit if you entered another person’s property legally and were injured through no fault of your own.

How Much Is My Premises Liability Case Worth?

It is difficult to predict how much a case will be worth because of the range of injuries that might be sustained. For severe injuries, such as spinal cord or brain injuries, settlements may reach millions of dollars and Georgia currently has no cap on compensatory damages in personal injury cases. Depending on the type of injuries sustained, it may be possible to receive compensation to cover medical bills, lost income, mental distress, punitive damages, and pain and suffering.

What Do I Need To Prove To Win A Premises Liability Case?

In order to succeed on a claim for damages in a personal injury premises liability case, you must prove the following: ● There were hazardous conditions on the owner’s property; ● The property owner knew or should have known about the hazardous conditions that caused the accident and should have taken action to prevent any injuries; ● The injury was caused by the dangerous conditions; ● There were losses were associated with the injury, either through medical expenses or loss of income, etc.

Will I Need To Go To Court?

Although premises liability cases can go to court, a majority of cases are settled before going to trial. Before filing a lawsuit, you would either submit a claim to the property owner or occupier’s insurance company. At this point, negotiations would commence to reach a settlement both parties can agree on. If no settlement can be reached, you would have the option of taking the case to court.  Trial Attorney Joel Williams has handled numerous personal injury cases against insurance companies and obtained big verdicts.

How Much Time Do I Have To File A Lawsuit?

Any person seeking damages for injuries sustained in a premises liability case must adhere to the Georgia statute of limitations. For most injuries the action must be taken within two years from the date of the incident.

How Can A Lawyer Help My Case?

In premises liability cases where injuries are minor, you may not need an attorney. However, for cases involving serious injuries the benefits of having an attorney are immense. For many premises liability cases it is not uncommon for a business or homeowner to either deny responsibility or low-ball damages. If you have a premises liability case in Marietta, Cobb County, Georgia, contact Williams Elleby. Our legal team will answer any questions you have and help you prepare a successful case. 833-LEGALGA