If you suffered injuries on someone else’s property due to their negligence, you may be wondering what your rights are and if you can recover compensation for your lost income, the medical bills you’re facing, and your pain and suffering.
Premises liability cases can be confusing and challenging, but the Alpharetta premises liability attorneys at Jonathan R. Brockman, P.C. are well-versed in these cases and know how to determine fault. We can help you navigate a complex premises liability case and secure the full compensation you’re owed.
Premises liability is a category of personal injury where a property owner becomes liable for someone’s injuries if they fail to maintain a safe environment for guests. Examples of premises liability cases include:
- Slip/trip and fall
- Assault due to negligent security
- Swimming pool accident
- Dog bite
- Elevator/escalator malfunction
If you got hurt on another person’s property and believe they were negligent in their duties to keep you safe, call (678) 213-2401 today. One of our Alpharetta premises liability lawyers will discuss your situation and advise you on your rights, your legal options, and how we can help you pursue your injury claim.
How to Prove Negligence in a Premises Liability Case
Negligence is the legal theory that someone’s failure to provide reasonable care to another person resulted in harm. There are four elements of negligence you must prove if you want to base your premises liability case on this theory.
- Duty: The property owner owed you a duty to prevent an injury from occurring;
- Breach of duty: They breached their duty;
- Causation: Their actions or inaction were the direct cause of your injury; and
- Injury: You sustained injuries because of the property owner’s act of negligence.
Common examples of negligence in a premises liability case include:
- Lack of security
- Poorly lit stairwell
- Cracked or uneven sidewalk
- Slippery or wet floor
- Debris or obstructions in a person’s path
- Potholes in a parking lot
- Defective part in an elevator or escalator
- Broken tiles or flooring
In order to prove negligence in a premises liability case, you must show that the property owner knew, or reasonably should have known, about the hazard that caused your injury and failed to take steps to address or remove that hazard.
It’s the property owner’s job to perform routine maintenance to ensure everything is in working order. If they discover damage, such as broken ceiling lights, they should repair it promptly. If there are hazards on the property, they should remove them immediately or provide warning signs, so no one sustains injuries.
Hire an Experienced Alpharetta Premises Liability Lawyer
Proving negligence in a premises liability case can be a challenge. If you’re not familiar with state laws or legal procedures, you may have a hard time finding sufficient evidence that shows the property hazard caused your injury and that the property owner should have been aware of the hazard.
Jonathan R. Brockman, P.C. and our Alpharetta premises liability lawyers will handle every step for you. We have extensive resources to locate crucial evidence, witnesses, and documents associated with your case. When you hire us, we’ll handle the following:
- Investigation: We’ll open a complete investigation into the incident that led to your injuries. The investigation will include speaking with you and witnesses, gathering evidence, hiring expert witnesses, if necessary, and obtaining vital information from the property owner.
- Eyewitness statements: We know how to track down individuals who witnessed accidents. We’ll find anyone who was there the day you got hurt and talk to them about what they saw. We’ll use their statements to help us prove that the property owner’s negligence caused the incident.
- Valuing the case: Every personal injury case has a value. We will review all the details we find to monetize your losses and determine the maximum compensation you deserve from the at-fault party.
- Placing parties on notice: In a premises liability case, it’s crucial to send a notice to the defendants letting them know we plan on pursuing a case against them. The letter should also include instructions to keep evidence they have and provide us with their general liability insurance information.
- Gathering evidence: We’ll collect relevant evidence to show the property owner’s negligence led to your injury, such as:
- Eyewitness statements
- Photos of the accident scene
- Video surveillance
- Incident/police reports
- Company maintenance and repair logs
- Insurance claim: We’re able to file an insurance claim on your behalf and negotiate a settlement with the at-fault party’s liability insurance company. If we’re unable to reach a settlement agreement, we can file a lawsuit.
How We Calculate Damages
Damages are losses suffered by an injured person. In a premises liability case, compensatory damages are supposed to compensate victims for what they lost because of their injuries. They provide payment for physical, mental, and emotional harm.
Compensatory damages come in two forms: economic and non-economic. Economic damages are expenses, while non-economic damages are intangible losses. Examples include:
- Medical bills
- Lost income
- Lost future earnings
- Pain and suffering
- Mental anguish
- Property damage
- Out of pocket costs
- Loss of enjoyment of life
After investigating your situation, we will use various factors to come up with an appropriate number to demand from the at-fault party. Those factors include the following:
- The severity of the injury
- Duration of necessary medical treatment
- If there are residual injuries or disability/impairment due to the injuries
- Lost wages from time spent away from work
- Type of medical treatment needed
- Impact of the injury on quality of life
- Total economic damages
- If you will require future medical care
Our Alpharetta premises liability lawyers have experience placing value on our clients’ cases. We understand the fundamentals of reviewing specific details to ensure accuracy when we’re quantifying a person’s losses. We know you’ve been suffering, and we will work hard to ensure the number we come up with sufficiently compensates you for everything you had to endure.
What Are Punitive Damages?
A jury might award punitive damages to the injured victim to punish the negligent party and deter similar behavior in the future. It’s not a form of compensation like compensatory damages. You can only win this type of damages in a lawsuit under special circumstances.
You must prove actions of intentional misconduct or gross negligence if you want to pursue punitive damages. Gross negligence is reckless acts and the disregard for other people’s safety.
To file a lawsuit in Georgia, you must follow the statute of limitations. The statute for premises liability is two years. The clock begins ticking on the date of the accident. In other words, you would only have two years from the date you got hurt on someone’s property to pursue a lawsuit in the civil court system. If two years pass and you haven’t filed anything, you’ll lose your right to compensation for this incident.
How Modified Comparative Negligence Could Affect You
Many states follow a comparative negligence rule that impacts the compensation a victim can recover after an accident. Georgia uses a modified version of comparative negligence when it comes to premises liability cases.
Under this rule, an injured party’s compensation gets reduced by the percentage of fault they share. If they’re 50% or more at fault for their own injury, they’re not allowed to pursue any compensation for their damages.
For example, let’s say you tripped on someone’s property because the ground was uneven and broke your ankle. You ended up with a total of $100,000 in damages from medical treatment, lost wages, and other losses. A jury decided to hold the property owner 90% at fault because they knew about the uneven ground for months but didn’t do anything to remedy it. However, they also decided that you share 10% blame because you were texting instead of paying attention to where you were walking. The maximum financial award you could pursue would be $90,000.
Why Choose Jonathan R. Brockman, P.C.
We care about our clients. When you hire us, we’ll speak with you exhaustively about your injuries and how they occurred to understand all the details. We’ll make sure to come up with the right plan that meets your goals and fulfills your needs. We want to resolve your case efficiently and reach a positive outcome.
Our Alpharetta premises liability lawyers have over 30 years of experience handling cases like yours. We know how to effectively pursue the maximum compensation available. We believe in holding people accountable for their careless actions. The property owner that caused your injury shouldn’t walk away without suffering consequences. We will make sure they pay the money they owe you so you can recover.
We know this has been a traumatic experience for you. We will remain by your side throughout your entire case. You can count on us to provide support and guide you through each step of the process, so you understand what’s happening and what to expect next.
Our Alpharetta premises liability lawyers are ready to speak with you about your case. We’re happy to provide an initial case evaluation for free. You won’t have to risk anything to discuss the details of your accident and receive legal advice. We’ll let you know the options you have, and if you choose to hire us, we’ll immediately get to work.
If you suffered injuries because of the dangerous conditions on someone’s property, you deserve to seek justice. You shouldn’t have to pay for someone else’s mistakes. Property owners have a responsibility to ensure their guests are in a safe environment that’s free from hazards. We fight aggressively against negligent parties, so our clients receive the maximum compensation available.
To find out about our legal services and how we can help you after the injury you suffered on another person’s property, call us today at (678) 213-2401. At Jonathan R. Brockman, P.C., our Alpharetta premises liability lawyers are ready to represent you in your case and help you get on the road to recovery.