Property owners and managers in Georgia have a duty to maintain their premises in a reasonably safe condition for the safety of others who come on to their property. This responsibility exists whether the visitor is a customer, social guest, employee, delivery or sales person, or in some cases, a trespasser. An individual who is injured because of a property owner's negligent or malicious conduct can be entitled to compensation for medical bills, lost income, pain and suffering and other legal damages. Unfortunately, recovering compensation in these cases is not always an easy or straightforward matter. In fact, dangerous property cases are often some of the most difficult cases to prove.Slip and Fall Injuries on Commercial Property
A slip and fall or trip and fall accident generally occurs because of a slippery surface created by a food, drink or other liquid spill; the tracking in of snow, ice or rainwater; or because an object left on the floor creates a tripping hazard. Other common dangers include broken steps or loose handrails on stairs, malfunctioning elevators or escalators, torn carpeting and missing or misplaced floor mats.
Being successful in a slip and fall accident claim in Georgia requires proving that the property owner knew or should have known about the dangerous condition, yet failed to correct it or warn of the danger in a reasonable time before the accident occurred. Proving knowledge of a hazard can be especially difficult when the danger was temporary or occurred suddenly, such as a food or drink spill in a grocery store or restaurant. However, an experienced personal injury attorney knows to conduct a thorough investigation that looks at security camera footage, company records and other evidence to show whether store personnel followed proper inspection and maintenance routines as required to maintain a safe premises.
Another challenging aspect of a premises liability case is the fact that the duty of the owner varies depending on the status of the victim as an invitee, a licensee, or a trespasser. The attorneys at KWFDM fully understand these legal distinctions and what they mean for your premises liability case.Negligent Security or Inadequate Security Claims
Maintaining a safe premises also means taking reasonable, appropriate measures to keep customers, tenants and others safe from assault or violent crime. A property owner who fails to maintain adequate lighting in stairwells and parking garages could be liable for an assault or robbery which happens there. The extent of a property owner's duty to provide security, including guards, cameras, gates, keyed entries, alarms, safety phones and other measures depends upon several factors, such as the type and location of the facility, and whether it is in a high-crime area or in an area where recent incidents have been reported.
Bars, nightclubs, airports, colleges and other businesses which do employ security guards also have a duty to see that these employees are properly screened, trained and supervised so that they do not harm patrons in the exercise of their duties. Employers can be liable for the negligent acts or misconduct of their employees which occur on the job.Premises Liability Claims on Personal Property
Most premises liability accidents tend to happen on commercial or business property, such as grocery stores, restaurants, retail or department stores, and public property such as sidewalks or government buildings. However, premises liability accidents can happen on private property too, and private property owners can be liable to their guests or licensees who are injured because of a danger the owner failed to fix or warn the public about. For example, homeowners should take care that walkways are kept in a safe condition, swimming pools are properly fenced or gated, and outdoor play equipment is properly maintained.Contact KWFDM in Atlanta for Help with Serious Premises Liability Injuries
A slip and fall accident can cause serious personal injuries, including severe fractures, facial lacerations, head and back injuries, torn muscles and more. If you or a loved one has been hurt in a slip and fall or other premises liability accident, call the legal team at Katz Wright Fleming & Dodson, LLC in Atlanta at 404-460-0101 for a free consultation. We will discuss your situation and how we can help you get the maximum compensation for your injuries.