It’s important to be able to go about your day with the knowledge that you won’t be hurt. You should be scared to go to the store, walk through a parking lot, or visit a restaurant. If a negligent or reckless Fayetteville property owner fails to maintain their premises safely, you could be hurt.
Jonathan R. Brockman, P.C. can represent you in your case if you sustained injuries on someone else’s property. Property owners are supposed to ensure the safety of their guests. If there’s a hazard or damage to the property, it’s their responsibility to repair or remove it promptly. If they don’t and someone gets hurt, they could be held liable for resulting expenses.
Our legal team understands the process necessary to pursue legal action against negligent parties. When you choose us, we’ll begin working on your case immediately. We’ll fight to recover the maximum compensation you deserve.
You can depend on our Fayetteville premises liability lawyers to guide and support you through this traumatic experience. To find out more about how we can help, call (855) 465-4407 to schedule a free consultation.
Premises liability is a legal concept that includes any incident where one party gets hurt because of the unsafe or defective condition of another party’s property.
To prove liability in this type of case, your attorney must have evidence that the property owner failed to maintain a safe property for their guests.
Individuals on someone else’s property fall under three classifications:
Licensees are granted permission by the property owner to remain on the property.
Invitees have the property owner’s implied or express permission to visit the property for mutual benefit or some type of event.
Trespassers visit someone’s property without permission for their own purpose or advantage.
Property owners have a legal duty not to cause injury to any of the people above, but they only owe a duty to licensees and invitees to warn them of any hazards on the property.
The only exception to this rule is children. If a child trespasses onto someone’s property, the owner could be liable for any physical harm caused by the poor conditions. Children can’t understand the dangers of certain hazards, so they can’t mitigate the risks.
Most premises liability cases rely on the legal theory of negligence. Negligence is the failure to behave with reasonable care to prevent harm to another person.
There are four elements of negligence your lawyer must prove existed if to win financial compensation from the property owner:
Anything dangerous on someone’s commercial or private property could lead to a person getting hurt. Common examples include:
If you sustain injuries from a fall and believe it’s because of the property owner’s negligence, follow these steps to protect your rights to financial compensation.
Proving fault in a premises liability case can be tough. Property owners won’t come right out and admit that they knew about their property’s dangerous conditions.
They’ll have the help of insurance companies that attempt to intimidate claimants into dropping the claim or accepting a lowball settlement offer.
If you have us on your side, we’ll use aggressive tactics to seek the maximum compensation you deserve. We never back down from a fight.
You can depend on us to ensure everyone treats you fairly. We know the kinds of evidence insurance companies look for, so we’ll thoroughly investigate the details of your case to obtain relevant proof.
After determining who’s at fault for your injuries, we’ll file an insurance claim on your behalf and submit the evidence we find. It’s our goal to settle your case so you don’t have to deal with the hassle of litigation.
We’ll fight hard for a full and fair settlement that covers your expenses and compensates you for the suffering you endured. If the insurance company refuses to settle for the value we believe you deserve, we have the resources to file a lawsuit.
Whether you file an insurance claim or lawsuit, the goal is to recover compensation for your damages. There are three types of damages you could seek in a premises liability case.
Economic damages are actual expenses related to the incident and resulting injuries. Calculating the total cost of economic damages is simple because there are usually accompanying billing statements, invoices, and receipts.
Non-economic damages refer to the losses an injured victim experiences. It’s more complicated determining an appropriate value because you can’t put a price tag on physical and emotional pain.
Examples of non-economic damages include:
When a premises liability case is reviewed, the following factors will affect the number you’re owed for non-economic damages:
Under Georgia’s modified comparative fault rule, an accident victim cannot recover compensation for damages if they’re found more than 50% responsible for their injuries. If they share less than 50% of the blame, their compensation will decrease proportionately to their percentage of fault. For example, an injured party who incurred $100,000 in damages but is 20% at fault can only pursue $80,000.
Unlike economic and non-economic damages, punitive damages aren’t meant to compensate the victim for their losses. Instead, they punish the at-fault party for their negligent actions. They also aim to deter similar conduct from occurring again.
Punitive damages aren’t available in an insurance claim. If you want to pursue them, you’ll need to file a lawsuit. They’re a rare financial award that courts only provide in specific situations.
Your attorney will need to show clear and convincing evidence that the property owner (or at-fault party) displayed acts of willful misconduct, fraud, wantonness, malice, or oppression.
Our Fayetteville premises liability lawyers care about our clients. We know you want to resolve your case efficiently to get back on your feet.
We have a dedicated legal team that uses all the resources at our disposal to hold careless parties liable for the harm they cause.
We take cases on contingency, so you don’t have to worry about paying us upfront for our legal services. We don’t collect a fee unless we’re able to win the case and recover compensation. If we don’t win, you won’t owe us anything.
Our consultations are free to anyone interested in speaking with one of our Fayetteville premises liability lawyers. We’ll discuss the incident that caused your injuries and advise the legal options available.
Call us today at (855) 465-4407 for more information or to schedule your free consultation.