“David Van Sant helped resolve my injury claim swiftly and professionally, helping me receive what I believe I was owed without any of the headache and trouble others have experienced with their lawyers. I am very pleased with the experience I had with David and will gladly contact him again if another issue arises.” – (David T. – personal injury client)
In Georgia, property owners must ensure visitors’ safety according to personal injury law. If you’re harmed due to a hazard the owner negligently allowed, you may have a premises liability claim. Yet, turning this claim into compensation requires knowledge of Georgia’s premises liability law. Our Atlanta-based premises liability attorneys at Van Sant Law have served Georgia since 2003, focusing on such claims. We understand the intricacies and potential pitfalls, whether in court or through settlements. Rest assured, our team is dedicated to translating legal rights into tangible results, ensuring you receive the compensation you deserve.
Trust Van Sant Law to advocate for your rights and secure your well-being after an injury on someone else’s property.
Common Types of Premises Liability Cases
Premises liability cases arise when a person is injured due to a hazardous condition on someone else’s property. Here are some of the most common types of premises liability cases:
- Slip and Fall Accidents: Slip and fall accidents happen when a person loses footing due to hazardous conditions like wet floors, uneven surfaces, or icy sidewalks. Property owners may be held liable if they knew or should have known about the danger but failed to fix it or provide warnings.
- Trip and Fall Accidents: Trip and fall accidents occur when someone trips over obstacles such as loose wires, broken sidewalks, or cluttered walkways. Owners can be responsible if they neglected to remove hazards or warn visitors of potential dangers.
- Inadequate Security Claims: Property owners may be liable for injuries resulting from criminal acts, such as assaults or robberies, if they failed to provide reasonable security measures. This includes poor lighting, lack of security personnel, or missing surveillance cameras in areas prone to crime.
- Swimming Pool Accidents: Swimming pool accidents can involve drowning, slips, or diving injuries caused by unsafe conditions. Property owners must secure pool areas, maintain safety equipment, and comply with local safety regulations to prevent liability.
- Dog Bites and Animal Attacks: A property owner or pet owner can be held liable if their dog or another animal attacks someone. Georgia law holds owners responsible if they knew the animal was dangerous or failed to properly restrain it.
- Elevator and Escalator Accidents: Malfunctions, sudden stops, or mechanical failures in elevators and escalators can lead to serious injuries. Owners or maintenance companies may be liable if improper maintenance or defects caused the accident.
- Falling Objects: Falling object accidents occur when unsecured or improperly stacked items fall and injure someone, often in retail stores or warehouses. Property owners must ensure items are safely secured to prevent these hazards.
- Fire and Electrical Accidents: Fires and electrical accidents can result from faulty wiring, gas leaks, or missing smoke detectors. Property owners may be liable if they failed to maintain electrical systems or provide proper fire safety measures.
- Toxic Exposure Cases: Exposure to harmful substances like mold, asbestos, or chemical spills can cause serious health issues. Owners must take steps to remove or warn about toxic hazards on their property.
- Amusement Park and Recreational Accidents: Accidents at amusement parks, playgrounds, or sports facilities can occur due to unsafe rides, lack of supervision, or poor maintenance. Owners are responsible for keeping these areas safe and warning visitors of potential risks.
Georgia Premises Liability Law
Premises liability law in Georgia governs the legal responsibility of property owners and occupiers for injuries that occur on their property due to unsafe or hazardous conditions. Under O.C.G.A. § 51-3-1, property owners who invite others onto their premises for lawful purposes must exercise reasonable care in keeping the premises safe.
To succeed in a premises liability claim, the plaintiff must prove the following:
- A Hazardous Condition Existed: The property had a dangerous condition (e.g., wet floors, broken railings, poor lighting).
- The Property Owner Knew or Should Have Known About the Hazard: The owner had actual knowledge (e.g., a store employee saw the spill but didn’t clean it up) or the owner had constructive knowledge (e.g., the hazard existed long enough that the owner should have discovered it through reasonable inspections).
- The Owner Failed to Take Reasonable Steps to Fix or Warn About the Hazard: No warning signs were posted, or the hazard wasn’t addressed in a timely manner.
- The Plaintiff Was Injured Due to the Hazard: There must be a direct link between the dangerous condition and the plaintiff’s injury.
- The Plaintiff Was Using the Property Lawfully and Exercising Reasonable Care: The plaintiff must not have been trespassing (except in limited cases) or acting recklessly (e.g., running through a known hazardous area).
Here is the duty of care owed by property owners based on visitor status:
- Invitee: Someone who enters the property for a mutual benefit (e.g., a customer in a store). Property owners owe them the highest duty of care to maintain a safe environment and warn of known hazards.
- Licensee: Someone allowed on the property for their own interests, like a social guest. Owners must warn them of known dangers but are not required to inspect for unknown hazards.
- Trespasser: Someone unlawfully on the property. The owner generally has no duty to protect them, except to avoid willful or wanton harm.
Our Premises Liability Client Speaks
“was great at handling my case from beginning to end. My case manager and attorney Jay Drew always returned my calls and emails asap even though I was a little annoying most of the time. My case was settled fast and easy!” – Elvis C.
Mediocrity Is for Cowards
At Van Sant Law, we detest mediocrity, and we will not tolerate it in ourselves or any of our staff. Our founding partner David Van Sant exemplifies this philosophy:
- He was named a Georgia Super Lawyer, an honor accorded to only 2.5 percent of the state’s lawyers.
- He was named one of the Top 100 Trial Lawyers in Georgia by The National Trial Lawyers.
- He is a lifetime member of the Multi-Million Dollar Advocates Forum (only one percent of lawyers qualify), due to the size of some of the recoveries he has won for his clients.
- He maintains a perfect Avvo rating of 10.0.
- He has won the Avvo Client’s Choice Award several times.
The rest of our premises liability law firm upholds the high standard set by Mr. Van Sant. The majority of our Atlanta premises liability lawyers have been named Super Lawyers, and the Better Business Bureau has awarded our firm a perfect A+ rating. With five local premises liability attorneys, we are small enough to give your claim personalized attention yet large enough to have access to significant resources.
We believe that every client’s situation is unique and deserves a tailored approach. Our commitment to excellence is reflected not only in awards and accolades but also in our innovative methods and strategies in handling premises liability cases in Atlanta. By staying abreast of the latest legal developments and using advanced technological tools, we ensure that every client receives the most current and effective representation available.
Have You Been Injured on Someone’s Property? Contact Your Atlanta Premises Liability Attorney
If you have been injured on someone’s private property or commercial property such as a restaurant or grocery store, contact a Van Sant Law Atlanta premises liability lawyer immediately. We can help determine whether you are eligible to file a personal injury claim. If you are eligible, we will work to identify and implement solutions designed to help you recover from the accident and move on with your life.
Property owners are required to maintain their private or company premises. This includes providing adequate lighting and fixing cracks and holes in defective sidewalks. Property owners must also ensure the building is structurally sound, provide sufficient security, and properly store equipment and supplies. When a landowner’s negligence causes an accident, the landowner can be held accountable for the damages.
Property accidents can result in severe injuries such as head trauma, broken bones, spinal cord damage, back injuries, and knee injuries. Medical treatment can be prohibitive, requiring a lengthy recovery period. Personal injury compensation can cover injury-related costs such as hospitalization, medical bills, and rehabilitation, as well as lost income and benefits for pain, suffering, and emotional trauma. Benefits are also paid in cases of wrongful death, such as loss of companionship and loss of support.
