Every property owner has a duty to ensure the safety of anyone who enters the property. Grocery stores, restaurants, amusement parks, cities and even private residences must be maintained in a way that prevents injury to those who enter. Unfortunately, accidents involving poorly maintained properties happen every day. The result is numerous injuries and deaths that could have been prevented.
The good news is that injured victims can pursue compensation for their injuries. By filing a premises liability lawsuit, or claim, the victim can obtain compensation that can cover the cost of medical expenses, lost income, disability, and more.
Frequently Asked Questions about Premises Liability Cases
If you have been injured on a dangerous property, you may have questions about premises liability law, cases, and your legal rights. To help, a team of Atlanta premises liability lawyers have compiled a list of some of the most frequently asked questions about premises liability cases.
What are some common types of accidents in premises liability cases?
Some of the most common accidents reported in premises liability cases include:
- Slipping on a wet surface
- Tripping on a broken or uneven surface
- Defective stairs or railings
- Defective escalators or elevators
- Structural failings (collapsing balconies, ceilings, etc.)
- Being hit by an object falling from above
- Swimming pool accidents
- Being attacked by a dog
What are the injuries most commonly reported in premises liability cases?
There are numerous types of injuries that occur in premises liability accidents like those mentioned above. Some of the most common injuries include:
- Broken bones
- Torn ligaments or muscles
- Traumatic brain injury (TBI)
- Spinal cord injury
- Cuts and lacerations
- Joint damage
Who is responsible for injuries in a premises liability case?
The property owner is most often responsible (liable) for injuries that occur on their property. Learn more here. If you file a premises liability case, you have the burden of proving that the property owner is responsible. That means you must prove:
- The property was not safe or there was a hazard present
- The property owner knew or should have known about the hazard
- The property owner did not remove the hazard or repair the defect
- The property owner did not warn visitors about the hazard
- Your injury is a direct result of the hazard
If you prove these factors, you may be eligible to receive compensation for your injuries and resulting costs.
What sort of compensation is available in a premises liability case?
If you prove that the property owner was responsible, you may be able to recover damages (compensation) for your:
- Medical expenses
- Future medical care
- Lost income
- Loss of earning capacity
- Pain and suffering
- Disability or disfigurement
- Loss of companionship
Is there a deadline to file a premises liability case?
Yes. All states have what is called a statute of limitations for premises liability cases. This is a period of time in which you have to file a lawsuit. Once that period of time passes, you may be prohibited from filing a claim or recovering damages. The statute of limitations varies by state, but generally is two years from the date of your injury. Talk to an attorney in your area to find out the statute of limitations for your particular claim.
What if my child was injured while playing somewhere they shouldn’t have been?
Children often wander to neighbors or interesting local sites to play. That doesn’t mean they are safe. If your child was injured while playing on someone else’s property, the property owner is likely still the one responsible for whatever hazard caused the child’s injuries. Because children cannot assess danger like adults, they are not held responsible for premises liability injuries.
Do I need a lawyer to file a premises liability case?
It is always a good idea to work with a lawyer when filing any sort of lawsuit. The legal system is complex, and even filing a lawsuit requires specific documents and deadlines. By working with a lawyer, you can be certain that your case is filed properly, meets applicable legal requirements, and has the best chances of a favorable result.