FAQ, Premises Liability, Atlanta, Georgia

Frequently Asked Questions About Premises Liability Cases in and around Atlanta, Georgia

What is premises liability?

Premises liability refers to the legal responsibility of property owners to maintain safe conditions on their premises for visitors. If a person is injured due to unsafe conditions on someone else’s property, the property owner may be held liable under premises liability laws.

How do I prove negligence?

To prove negligence in a premises liability case in Georgia, you need to establish that the property owner owed you a duty of care, they breached that duty by failing to maintain safe conditions, this breach caused your injuries, and you suffered damages as a consequence. Evidence such as photos, witness statements, and medical records can help support your claim.

What types of damages can I seek to recover in a premises liability case?

In Georgia, individuals injured in premises liability accidents can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, property damage, permanent disability, and wrongful death in cases of fatal injuries.

Is there a time limit to file a premises liability lawsuit?

In general, the statute of limitations for personal injury cases, including premises liability claims, is two years from the date of the injury. It’s crucial to adhere to this deadline to preserve your right to seek compensation.

Can I still have a valid premises liability claim if I was partially at fault for the accident?

Georgia follows a modified comparative negligence rule. This means that you can still pursue a premises liability claim even if you were partially at fault for the accident. However, your compensation may be reduced based on your percentage of fault. If you are found to be 50% or more at fault, you may be barred from recovering damages.

How long does a premises liability case typically take to resolve?

The duration of a premises liability case in Georgia can vary depending on factors such as the complexity of the case, the extent of injuries, and whether the case goes to trial. Some cases may be resolved through settlements within months, while others that proceed to trial can take longer, potentially a year or more.

Do I need a premises liability lawyer to handle my case?

While it’s not mandatory to hire a premises liability lawyer, having legal representation is highly advisable. A lawyer can provide legal guidance, negotiate with insurance companies, gather evidence, assess the strength of your case, and advocate for your rights while pursuing fair compensation for your injuries and damages.