You expect to be safe when you visit a business, public space, or someone’s private property. Accidents happen, however, and when they do, it is often the result of unsafe conditions that a property owner failed to address. You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. Hiring a Gwinnett County premises liability lawyer can give you peace of mind as you navigate this legal field.
In Georgia, if you or a loved one has been hurt due to hazardous conditions on someone’s property, you need an experienced Gwinnett County personal injury attorney to help you work through the legal process of this type of law. Our team at Barnes Law Group is committed to protecting your rights and helping you seek the justice you deserve.
The legal responsibility that property owners have to maintain a safe environment for visitors is referred to as premises liability in legal terms. Property owners have an obligation to identify and repair dangerous conditions or hazards that could lead to injury, whether you are on public property, in a business, or at a private home.
If the property owner is negligent in addressing unsafe conditions and then an injury occurs, the victim may have grounds for a premises liability claim.
These types of liability cases can involve accidents such as:
Premises liability laws in Georgia also discuss the important difference between types of visitors on a property (invitees, licenses, and trespassers) and the different levels of duty the property owner owes to each one. The laws surrounding premises liability are complex, and proving liability requires a thorough understanding of Georgia’s legal framework and how property owners are held accountable for accidents on their property.
It can be difficult to prove premises liability cases, and property owners may try to avoid responsibility for accidents on their premises. Insurance companies may also try to settle your claim for less than it’s worth or even deny your claim. This is why it is extremely helpful to have a skilled premises liability attorney by your side who understands the complexities of these cases.
Experienced Gwinnett County premises lawyers can help you with the following:
In these types of cases, the insurance company, the property owner, and their lawyer may raise several defenses to avoid liability in Gwinnett County. Experienced lawyers will anticipate these defenses and work to effectively counter them in order to protect your rights.
Some common defenses to be prepared to argue against include:
A: A settlement can take anywhere from a short amount of time to a great length of time. This depends on the factors surrounding the case and how quickly each party is willing to negotiate. If the defendant is willing to admit fault and offer a fair settlement before trial, the settlement will be reached much quicker. However, if the defendant decides to proceed to fight this in trial, it can take a very long time to reach a settlement.
A: A common defense strategy is to argue that the plaintiff was partially or fully responsible for their own injury. This typically involves proving that the injured party was aware of the hazardous condition but failed to take any precautions. They may also try to claim that the injury occurred due to the plaintiff’s own negligence or misuse of the property.
A: When a property owner-occupier fails to maintain a safe environment, which leads to injuries, the cause of action for premises liability arises. Conditions such as wet floors, uneven surfaces, inadequate lighting, poor maintenance, or typical hazards that occur. The injured party must prove that the property owner knew or should have known about the dangerous condition, had a duty to fix it, and failed to do so.
A: A plaintiff must prove that the property owner owed a duty of care to maintain the premises in a safe condition. The plaintiff must show that the owner breached this duty by allowing a hazardous condition to exist. They must also prove that the hazardous condition caused the injury and either knew or should have known about the danger and failed to do anything about it.
If you or a loved one has suffered an injury while visiting another person’s property, and you believe the injury is a result of negligence or breach of duty, it is time for you to get in contact with Barnes Law Group. Our Gwinnett County premises liability lawyers are ready to take on your case, protect your rights, and help you through the entire legal process. Contact our office today for a free consultation.
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