Articles Posted in Premises Liability

Published on:

by

In Georgia, when a person gets injured on someone else’s property, the injured party may be able to file a premises liability claim for their injuries against the property owner. However, there are some exceptions to the rule, trespassing being one of them.

In order to be able to file a claim for damages under Georgia premises liability law, you must have a legal right to be on the property. In other words, you must either be invited, or expected, on the property by the landowner when your injuries occur. Examples of these persons with this status can include shoppers at a mall, patrons at a restaurant, customers at a grocery store or department store, or guests at a hotel. People who are attending concerts or sporting events are also covered under the law because they have a legal right to be on the property. The legal right of the person to be on the party at the time of the injuries is often used by insurance companies and their lawyers to undermine premise liability claims. It is important, therefore, to determine your legal right to be on the property and identify if you were an “invitee,” a license,” or a “trespasser” in order to build a solid claim that protects your rights.

Sometimes, however, injuries occur when a person has no legal right to be on the property. This person is called a “trespasser,” and the laws governing trespassing and premises liability claims are complex. There is no black and white rule which states that all trespassers, without exception, are ineligible to file claims for damages if they are injured on a property.

Continue reading
Published on:

by

A slip and fall accident on someone else’s property can result in serious injuries. If your fall occurred on another’s property, you may qualify to file a legal claim to recover compensation for your medical expenses and other costs. However, it’s important to take the right steps after a fall, so that you maximize your chances of protecting your legal rights.

It is important to remember, that the property owner will most likely try to show that your accident was a result of your own negligence, or that there was no negligence on his part. Georgia’s slip and fall laws require that you prove that the property owner had knowledge of the dangerous conditions that caused the injury, and failed to take any action to keep those on the property safe.

Here are the 5 most important things you can do to protect your rights after a fall.

Continue reading
Published on:

by

The North Georgia area is experiencing exponential growth in population.  And all these people moving to the area need a place to live.  In addition to the already existing number of apartments and rental properties, apartment buildings are being built all across the Atlanta area.    Many times people may feel forced or rushed to agree to live in a certain apartment because of either the lack of available apartments or the lack of affordable apartments to choose from.  Unfortunately, when a tenant is living in an apartment or complex that has been poorly maintained by the landlord or property owner, there is a high risk of injury to the tenant and their family members.  If this happens, the property owner could be held responsible.

A landlord has the duty inspect the rental property.  The landlord also has a duty to act with reasonable care to make sure the rented premises are kept in good repair.  A landlord’s failure to do so can make them liable for injuries caused as a result.  A landlord can also be held liable for injuries caused by defective construction.  A landlord of a leased apartment, house or other dwelling place cannot assign this duty to another party.  In other words, the landlord itself has the duty to maintain the property, and cannot blame anyone else for its failures to do so.

When people think of premises liability cases or claims against property owners, slip and falls, or trip and falls, usually come to mind.  However, with claims involving rental properties, a landlord can be held liable for far more.  In some recent cases, landlords and property owners have been held liable for a variety of defective conditions at their property.  Some of these include failing to repair the air-conditioning unit in an apartment building, causing the building to overheat to the point where it resulted in the death of an elderly disabled man.  Another case involved the property owner’s failure to maintain and repair the balconies of an apartment complex, which caused a balcony to collapse onto a child resulting in severe and lifelong debilitating injuries.

Continue reading
Published on:

by

Few things feel more like summer than a trip to the amusement park. As schools let out all over the state of Georgia in a few weeks, thousands will flock to Six Flags, White Water or other amusement parks throughout the state, or country, for some summertime fun. And while accidents on rides at amusement parks are rare, they are not unheard of. The safety of the rides at amusement parks around the country was called into question recently when two crash test dummies flew off their seats on a roller coaster and landed several feet away.

The two dummies were being tested to check the safety of the GaleForce roller coaster at Playland’s Castaway Cove in New Jersey. The ride was putting the dummies though a routine safety check, when the dummies, that were supposed to be securely restrained in their seats, flew off the ride midway and crashed into the roof of a nearby hotel. Fortunately, there were no injuries reported to the people at the hotel, although there was significant damage to the roof of the building.

According to amusement park officials, the fact that the crash test dummies flew off the ride is no cause for alarm. They insist that the ride is safe, and has been safe ever since it was launched. They say that there was no failure of operation or machinery, and that this incident was a result of the dummies not being used properly on the ride.

Continue reading
Published on:

by

With the warmer weather here, people will be out in parks and their neighborhoods, and many will be with their dogs.  And while it is an almost universal truth that children love dogs, not all interactions between children and dogs involve are fun.  Instead, a child may very well suffer a dog bite after innocently trying to show a dog some affection. After suffering a dog bite, many children end up with serious injuries, some of which can be serious enough to require surgery.

Over 4 million people are bitten by dogs each year, but only 17% of those get reported.  According to statistics, children account for more than 50 percent of the dog bites recorded in the United States every year. They are also much more likely to suffer serious injuries. In Georgia, dog bites are considered a public health concern.

There are some things that parents can do to make sure that their child is not injured in dog bite attacks. Don’t leave your child alone with a dog. Pediatricians say that this holds true even for family dogs or dogs that are familiar to you.  Remember, any dog can bite.

Continue reading
Published on:

by

Claims based on negligent security, which can arise after a person has suffered an assault, rape or other violent incident on another’s property, can be complicated to file.

A claim for negligent security is filed when a person has been injured on another person’s premises as the result of inadequate security. Examples of negligent security could be the failure to provide adequate illumination or security in vacant areas such as parking lots, failure to provide adequate security or protection to attendees at a concert or other event, and other incidents in which there are injuries caused as a result of the failure of the property owner to provide safe and secure premises.

In a claim based on negligent security, the property owner is considered liable if the injured party can prove that the property owner’s failure to provide adequate security at the premises led to a violent assault, attack, rape or any other incident that endangered the safety of the victim or the person bringing the claim.

Continue reading
Published on:

by

Falls are a major cause of unintentional injuries around the global and the World Health Organization classifies falls as the second leading cause of such injuries and deaths every year. Every year, as many as 640,000 persons worldwide suffer a fall accident that leaves them with serious or fatal injuries, and seniors above the age of 65 form a sizable chunk of this group.  In the U.S., 2.8 million people are treated in the emergency room or hospitalized for fall related injuries.

Many times, a fall accident can be the result of property that has been poorly or negligently maintained.  In Georgia, business owners have a duty to keep their property safe and free of dangers, or warn of dangers, that could cause injury to their guests.  If a guest on their property trips and falls, or slips and falls, and gets injured because of their failure to maintain the property, they can be held liable for compensating the party that suffered personal injuries.

A fall accident can result in a number of injuries, many of which can be serious. Here is a look at some of the most common injuries that occur as a result of slip and fall accidents.

Continue reading
Published on:

by

With summer here we are reminded that some victims of dog bites seem to have it much harder than others. Children below the age of five, and postal workers are at a much higher risk of dog bites, especially during summer days.

During summer, dogs are much more likely to be out with their owners, or may be left off their leash, and that places postal workers at a much higher risk of bites. National Dog Bite Prevention Week, which this year was marked in the third week of May, focused specifically on educating people about the risks of dog bites. The U.S. Postal Service estimates that more than 5,500 postal employees suffered bites in 2013.

Children are also frequently injured during summer because they are out of school, and may be in playgrounds, parks or other places where dogs are being walked. Children are also much more likely to pet strange dogs, or to display other behavior that could be risky, and could lead to an attack.

Continue reading
Published on:

by

We call it “Black Friday” because it’s traditionally the day when retailers move their accounting ledgers from red ink (deficits) to black ink (profits).

Increasingly, though, America’s biggest shopping day is becoming “Black-and-Blue Friday,” as scores of innocent consumers find themselves seriously injured while out and about. Some have even died.

The Internet is catching on to the disturbing trend. BlackFridayDeathCount.com is as macabre as it is blunt, but the website, which tracks the number of injuries and deaths reported since 2006, has gained a lot of attention over the last few years.

Continue reading
Published on:

by

Georgia residents continue to be at a high risk of dog bites. In a recent study by State Farm, Georgia ranked at number nine in a list of the top 10 states in the country for dog bite incidences.

New statistics released reported by the insurer showed that State Farm paid out $3.8 million for 116 dog bite-related injury claims in Georgia in 2014. That places Georgia at number nine on the list of top 10 states for dog bite claims in the country. State Farm did not provide more data about the injury claims or the breeds of dogs that were involved in these attacks.

The high rate of dog bites in Georgia is a serious problem for residents of the Peach State, especially because dog bite laws here make it much more difficult for plaintiffs to recover damages after a bite, compared to other states. In California, for instance, the law allows for strict liability in dog bite claims. That means that a person who has been injured in a dog bite can recover damages, even if it was the dog’s first bite and even if the owner had no previous knowledge of his dog’s vicious tendencies.

Continue reading