When you visit another person’s property, you don’t expect an injury to occur. You assume there isn’t anything dangerous that could cause harm. However, people get hurt on residential and commercial properties every day. Whether the injuries are from a fall, dog bite, or defective equipment, premises liability victims deserve compensation for their suffering.
At Jonathan R. Brockman, P.C., our Cumming premises liability lawyers have experience pursuing the maximum financial award necessary to pay for our clients’ losses. We’ll build a strong case and prove someone else’s careless actions were the cause of your injury. When you hire us, we’ll work hard to resolve your matter favorably and efficiently. You can depend on our legal team to provide the support you need to get through this devastating ordeal.
If you sustained injuries on another person’s property, call 770-205-8827 to determine if you’re eligible for compensation from an insurance claim or lawsuit.
What Is Premises Liability?
Premises liability is the legal concept that someone’s injury was the direct result of a defective or unsafe condition on another person’s property. Most cases like this use the theory of negligence to prove the property owner was at fault. To win your case, you must show the five elements of negligence:
- Duty: The at-fault party owed you a legal duty of care;
- Breach of duty: That at-fault party breached their duty;
- Cause in fact: If it wasn’t for that party’s actions or inaction, you wouldn’t have sustained an injury;
- Proximate cause: Your injury was the direct result of someone’s breach of duty; and
- Damages: You incurred damages from the incident.
Examples of situations that fall under premises liability include:
- Slip and fall
- Swimming pool accident
- Dog bite
- Exposure to toxic substances
- Inadequate security
- Poor maintenance
- Hazardous conditions
- Cracked sidewalk
- Uneven flooring
- Potholes
- Poor lighting
It’s important to understand that getting hurt on someone’s property doesn’t mean you’re automatically eligible to pursue compensation in a premises liability case. There are three elements that must exist at the time of the injury:
- The property owner had control over the property when you sustained an injury;
- They didn’t take reasonable care to maintain a safe environment for guests; and
- Their negligence directly caused your injury.
If the owner is aware that there’s a hazard – or reasonably should have known there was a hazard – and doesn’t repair or remove it promptly, they can be held liable for resulting injuries. It’s their job to schedule routine maintenance and repairs on their property, so their guests remain safe. They’re also responsible for how their employees act. If an employee leaves an object in the middle of a walkway and someone gets hurt, they could be liable as well as their employer.
Follow These Steps If You Got Hurt On Someone Else’s Property
What you do after sustaining a premises liability injury could impact the outcome of your case. To secure your rights to compensation from the at-fault party, follow the steps below:
- Report the incident to management. Request a copy of the incident report for your records. If necessary, call 911 so law enforcement can perform an investigation.
- Ask for the business insurance company name and contact information so you can file a liability claim.
- Speak to anyone who saw what happened. Write down their names and phone numbers so they can provide witness statements for the insurance company or jury members.
- Take pictures of the scene. If there’s a hazard or damage to the property, take photos of if to support your claim that the property owner was at fault.
- Go to the doctor for an evaluation of your injuries. If they refer you for follow up treatment, follow their orders. Continue treating until your doctors release you.
- Hire a lawyer to help you with your case.
A Cumming Premises Liability Lawyer Can Increase the Value of Your Case
If you choose to pursue your case alone, you may end up losing. Insurance companies take advantage of claimants that don’t have a lawyer to help them. They might try to intimidate you into accepting a low settlement offer or deny your claim without a valid reason. Proving fault from a premises liability accident is complicated. You need sufficient evidence that the property owner was negligent, and that’s why you got hurt.
Jonathan R. Brockman, P.C. understands the process. We have experience and resources to build a strong case and show that the other party was responsible for your accident. When you hire us, we’ll take care of all the steps below.
Perform an Investigation – We’ll thoroughly investigate the cause of your injury. We know how to obtain evidence, such as:
- Eyewitness statements
- Incident/police report
- Video surveillance
- Photos of the accident scene
- Your medical records
- Company maintenance and repair logs
Witnesses – We’ll find people who saw what happened. Over time, memories fade, so it’s important to locate them immediately after the accident, so the details they provide are accurate and reliable. If your case ends up going to trial, we can call them as witnesses to testify in court.
Send Notices – We’ll have to send the property owner a notice that we’re planning on pursuing compensation for the injuries you sustained. The notice will include the details of the incident and a request for insurance policy information. When they respond, we’ll know which insurance company to file a claim with.
Determine the Value of Your Case – After reviewing all of the information we find, we’ll come up with an appropriate number that can cover your expenses and compensate you for any suffering you endured.
Insurance Claim – We can file an insurance claim on your behalf and negotiate a fair settlement with the insurance adjuster. If they deny the claim or refuse to settle for what you deserve, we’ll file a lawsuit against them.
You Are Entitled to Damages
In any accident case, injured victims pursue compensation for their damages. Damages are all the losses associated with an accident and injury. If we can prove negligence in your premises liability case, we’ll seek the following damages:
- Past and future medical costs
- Pain and suffering
- Diminished quality of life
- Property damage
- Lost wages and lost future earnings
- Emotional trauma
- Disability or disfigurement
The damages listed above are available in an insurance claim and lawsuit. In situations where there’s evidence of malicious, fraudulent, reckless, or wanton actions, you could pursue punitive damages in a lawsuit. Punitive damages aren’t meant to compensate the victim’s losses. Instead, it punishes the at-fault party for their negligence.
Lawsuits Come With Strict Deadlines
Premises liability cases follow a statute of limitations. It’s a deadline injured parties must comply with if they intend to pursue legal action against another party in the civil court system. The statute of limitations in Georgia is two years. That means you have two years from the date of the incident to file a lawsuit against the property owner.
If you miss the deadline, you’ll lose your right to sue for compensation. However, there are some exceptions to this rule. You could potentially toll, or pause, the clock under the following circumstances:
- You were a minor when you sustained the injury. The clock would start when you turn 18 years old.
- You were mentally incompetent at the time of the injury. The clock wouldn’t begin until or unless you regain competency.
- It wasn’t possible for you to know about your injury at the time you sustained it. For example, if you developed a disease from exposure to toxic chemicals on the property, the clock would begin on the date you discovered your diagnosis.
Your Cumming premises liability lawyer will keep track of the statute for you. We know how to create efficient plans for our clients, so we don’t miss any deadlines. If you want to file an insurance claim first, you should do so well in advance of the two-year statute of limitations. Some claims take years to resolve. If you’re not careful, the statute could pass while you’re waiting to settle with the insurance company. By then, it will be too late to file a lawsuit against the property owner.
Schedule Your Free Consultation
We offer prospective clients a free case evaluation. If you sustained injuries on someone’s property and want to discuss your legal options, one of our Cumming premises liability lawyers will be happy to meet with you. We’ll review the details you provide and advise you on how you should proceed. If you choose to hire us, we’ll begin working on your case immediately.
Jonathan R. Brockman, P.C. knows you’re suffering. You’re in pain, and the last thing you want to do is deal with a legal case. We can take the workload off your shoulders so you can focus on healing. We’ll work efficiently to resolve your case so you can move forward with your life as soon as possible.
Our clients are a priority to us. We’ll guide you through the complex legal process and provide the support you need to get through this traumatic experience. You’ll work with a dedicated legal team that provides excellent customer service at all times. To find out more about our services or schedule your free consultation, call 770-205-8827 and ask to speak with one of our Cumming premises liability lawyers.