Atlanta, GA Premises Liabilities Lawyer

T. Madden & Associates, P.C. > Atlanta, GA Premises Liabilities Lawyer

An injured man speaking with his Atlanta premises liability attorney.If you were hurt on someone else’s property in Atlanta, you need a premises liability lawyer in Atlanta, GA. At T. Madden & Associates, we focus on premises liability cases and are committed to helping you get the compensation you deserve. Our experienced team knows Georgia’s premises liability laws well and is dedicated to providing legal strategies tailored to your situation. 

Don’t delay in protecting your rights—call us today at 706-807-1998 for a free consultation and start your journey to justice.

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T. Madden & Associates, P.C

What is Premises Liability?

Premises liability means that property owners or occupiers are responsible for injuries people get from unsafe conditions on their property. This law ensures that property owners keep their premises safe to avoid accidents and injuries. However, owners are only liable for accidents that could have been avoided with reasonable care.

In premises liability cases, you must prove negligence by showing that the property owner didn’t keep the property safe, leading to an injury. The level of care a property owner must provide depends on the visitor’s status—invitee, licensee, or trespasser—which affects the protection required.

What Are The Most Common Types of Premises Liability in Atlanta?

  • Slip and Fall Accidents: Often caused by wet floors, uneven surfaces, or cluttered walkways.
  • Poor Lighting: Insufficient lighting can lead to accidents and injuries.
  • Lack of Maintenance: Failure to properly maintain property can result in hazardous conditions.
  • Uneven Flooring: This can cause trips and falls, leading to serious injuries.
  • Elevator Accidents: Mechanical issues or poor upkeep can lead to dangerous situations.
  • Swimming Pool Accidents: Lack of safety measures like fences and supervision can result in liability.
  • Fire Safety Issues: Missing alarms or blocked exits can cause injuries and lead to claims.
  • Negligent Security: Failure to provide proper safety measures increases crime risks.
  • School and College Safety: Institutions can be liable for not ensuring student safety on campus.

Who Can Be Held Liable for a Premises Liability Injury?

A person slipping on a wet floor.When you’re injured on someone else’s property, certain people can be held liable:

Property Owners

Property owners are usually the first to be held responsible if someone gets hurt on their property. They need to keep their place safe for visitors. If they don’t fix dangerous conditions, they could be liable for any injuries.

Landlords

Landlords who rent out properties must keep shared areas safe. If someone gets hurt because a landlord didn’t maintain these spaces, the landlord might be responsible for the injury.

Businesses

Businesses have to make sure their premises are safe for customers and employees. If someone gets hurt because the business didn’t take care of a hazard, the business could be held liable.

Government Entities

Government bodies can also be liable if someone is injured on public property, like parks or sidewalks. However, filing a claim against a government entity can be more complicated due to special rules. It’s a good idea to talk to a lawyer to understand your options.

6 Steps to Take After a Premises Liability Injury

  1. Seek Immediate Medical Attention: If you’re injured on someone else’s property, prioritize getting medical help right away. Some injuries may not be immediately apparent, so a quick medical evaluation is necessary for your safety and to provide important evidence for your case.
  2. Document the Scene: Capture the details of the incident by taking clear photos of the scene and noting the conditions that led to your injury.
  3. Collect Contact Information: Gather contact information from the property owner, any witnesses present, and any parties involved.
  4. Secure Insurance Details: Obtain insurance information related to the property where the injury occurred.
  5. Avoid Making Statements: Refrain from making any statements or admitting fault at the scene of the accident. Anything you say can potentially be used against you later in your case.
  6. Consult with a Premises Liability Attorney: Contact a premises liability lawyer from T. Madden & Associates to discuss your case. We can provide guidance and help you understand your legal options.

Proving Negligence in a Premises Liability Claim

To succeed in a premises liability case, you must demonstrate that:

  1. The property owner had a duty to keep the premises safe.
  2. They knew or should have known about the dangerous condition.
  3. They failed to take reasonable action to fix or warn about the hazard.
  4. Their negligence directly caused your injuries.

Compensation You May Be Entitled To

A couple sitting on a couch going over bills.If you’ve been injured due to a property owner’s negligence, you may be entitled to compensation for:

  • Medical expenses (past and future)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement

What Evidence Can be Used to Prove a Premises Liability Case?

To succeed in a premises liability case, you will need to gather as much evidence as possible. This evidence helps demonstrate that the property owner was negligent and that their failure to maintain safe conditions led to your injury. 

Here are some key types of evidence that can strengthen your claim:

Surveillance Footage

If the accident occurred in an area with security cameras, getting the surveillance footage can provide a clear visual account of the incident. This footage can show the hazardous condition, the accident itself, and the property owner’s response, if any.

Witness Statements

Eyewitness accounts can support your version of events. Statements from individuals who saw the accident or the conditions leading to it can help establish the property owner’s negligence. Collect contact information from witnesses at the scene to secure their testimony.

Medical Records

Documentation of your injuries also can prove the extent of harm caused by the accident. Medical records, including doctor’s notes, treatment plans, and hospital bills, can demonstrate the severity of your injuries and their impact on your life. These records also help establish a direct link between the accident and your injuries.

Incident Reports

If the accident occurred in a commercial or public setting, an incident report may have been filed. This report often includes details about the accident, statements from involved parties, and any immediate actions taken by the property owner or staff. Requesting a copy of the incident report can provide additional documentation for your case.

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What is the Legal Process in a Premises Liability Case?

A person with a neck brace, talking with a lawyer.A premises liability case follows a step-by-step process to help you seek compensation for injuries on someone else’s property. It starts with a free consultation with an Atlanta premises liability lawyer at T. Madden & Associates, where they assess your case and legal options.

To build a strong claim, you must prove the property owner’s negligence, such as failing to fix a hazard that led to your injury. Key evidence includes photos, medical records, and witness statements. 

In Georgia, you have two years from the accident date to file a claim.

After filing, both sides exchange evidence in the discovery phase, including depositions and further investigation. Many cases settle through negotiations with the property owner’s insurer. If no settlement is reached, the case may go to trial, where a judge or jury determines the outcome.

An attorney from T. Madden & Associates will handle the legal process, protect your rights, and fight for the compensation you deserve while you focus on recovery.

Why Choose T. Madden & Associates?

At T. Madden & Associates, we understand how a serious injury can disrupt your life. Led by Attorney Terance Madden, who has over 20 years of experience fighting for injury victims in Georgia, our Atlanta personal injury law firm is committed to providing aggressive legal representation and personalized attention. 

We thoroughly examine every detail of your case to ensure all legal options are explored, leaving no stone unturned in seeking justice. Our experienced team is skilled at negotiating with insurance companies and ready to take your case to court if needed to get you the compensation you deserve.

We operate on a contingency fee basis, meaning you don’t pay unless we win your case.

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Contact an Atlanta Premises Liability Lawyer Today

If you or a loved one has been injured due to unsafe property conditions, don’t wait to seek legal help. Georgia law imposes strict deadlines for filing premises liability claims. Contact T. Madden & Associates, today for a free consultation and let us fight for the compensation you deserve. 

Call us now at 706-807-1998.

Frequently Asked Questions About Premises Liability in Atlanta

How long do I have to file a premises liability claim in Georgia?
In Georgia, you have two years from the date of the accident to file a premises liability claim. If you don’t file within this timeframe, you may lose your right to seek compensation for your injuries.

What if I was injured at a friend’s house — can I still file?
Yes, you can still file a premises liability claim if you were injured at a friend’s house, provided there was negligence involved. If the injury occurred due to unsafe conditions (like a dangerous walkway or an unaddressed hazard), you may be entitled to compensation, even if it was a private residence. 

What if I was partially at fault?
Georgia follows a modified comparative fault rule, meaning you can still file a premises liability claim if you were partially at fault, as long as you were less than 50% responsible for the incident. Your compensation will be reduced based on your percentage of fault. For example, if you were found 20% at fault, you could still recover 80% of the total compensation.

Do I need to prove the property owner was negligent?

Yes, to win a premises liability case, you must prove that the property owner was negligent. This involves showing that the owner knew (or should have known) about the dangerous condition and failed to fix it or warn visitors about it.

What type of compensation can I receive for a premises liability case?

Compensation can include medical expenses, lost wages, pain and suffering, and any other costs directly related to your injury. In some cases, punitive damages may also be awarded if the property owner’s actions were grossly negligent. 

Can I sue if the property owner doesn’t have insurance?

Yes, you can still file a lawsuit against the property owner directly if they don’t have insurance. However, it may be more difficult to recover full compensation without insurance coverage. An attorney can guide you on the best approach in such cases.

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T. Madden & Associates, P.C has an answer for all of your legal questions! We are a Personal Injury firm, so we handle many types of injury cases from auto collisions to wrongful death! If you or someone you know is injured, T. Madden & Associates, P.C. can help.

We are proud to offer free case reviews to anyone who may have questions before getting started. Additionally, if we do take on your case, we promise we won’t charge you a penny unless we recover compensation for your claim.
Please contact our Atlanta attorneys online or by calling 833-PAID-123 to get started today.

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