Property owners must take reasonable steps to ensure the safety of visitors and guests on their property such as providing adequate warning or signage of hazards, clear walkways free of obstruction, and ensuring proper lighting. A failure to meet that duty could make them liable for the monetary damages from any resulting injuries in a premises liability claim.
At Shrable Law Firm, our team of experienced Albany personal injury lawyers knows that a serious injury can disrupt your life and your plans. We’re here to help you move past the incident and help you get the compensation you deserve so you can focus on your recovery.
Steps to take after being injured on someone else’s property
The aftermath of a premises liability accident can be overwhelming and confusing, but your immediate actions can make a big difference in the outcome of your case. If you’ve been injured on someone else’s property, here are a few steps you should take to protect your legal rights.
- Seek medical attention as soon as possible. Even if you don’t think your injuries are serious, it’s important to get checked out right away because some injuries may not be immediately apparent. You’ll also need a doctor’s diagnosis and medical records to prove the extent of your injuries in your premises liability claim.
- If it’s safe and you’re able to stay on the scene before seeking medical help, take a few minutes to document the scene of the accident by taking pictures and videos of your surroundings, including any hazardous conditions that may have caused your accident. You should also collect contact information from any witnesses who may have seen the incident. This will help your lawyer build a strong case and establish liability on the part of the property owner.
- Contact an experienced Albany premises liability lawyer to discuss your case and review your legal options. An experienced attorney can help you understand your rights and increase your chances of receiving the compensation you deserve for your injuries.
- Don’t speak to anyone from the insurance company without first consulting with your attorney. Insurance companies are notorious for trying to minimize or deny claims, so it’s best to let your lawyer handle all communications with them.
Types of premises liability cases
Premises liability cases can arise from any situation where a person is injured due to the negligence of a property owner or manager. The following are just a few of the many types of premises liability cases our lawyers have seen.
- Slip and Fall: These cases occur when a person slips, trips, or falls due to a hazardous condition on someone else’s property. Hazards resulting in this type of case could include wet floors, uneven surfaces, or objects left in walkways.
- Negligent Security: These occur when someone is injured due to inadequate security measures such as inadequate lighting, failure to provide adequate security personnel, or failure to respond to or address known dangers.
- Dog Bites: The owner of the dog may be held liable for the injuries caused by their pet when they knew or should have known that their dog was dangerous or had the propensity to bite.
- Swimming Pool Accidents: This could involve drowning, slip and falls, or other accidents caused by a lack of safety equipment or improper maintenance of the pool area.
- Construction Site Injuries: This type of case involves a person being injured while working on a construction site owned by another party. Falling debris, faulty machinery, or other hazards caused by the negligence of the property owner are just a few ways this type of premises liability case may occur.
When to file a claim
The right time to file a premises liability claim is as soon as possible after the incident. It’s vital to act quickly to preserve evidence, obtain witness statements, and document the details of the incident before this key information has degraded or been erased.
In Georgia, you only have two years from the date of the accident to file a personal injury claim. There are a few exceptions to this rule, however, any delay in filing could have a negative impact on your case. If your lawsuit isn’t filed within this statute of limitations, then you’ll be barred from bringing a claim against the negligent party. By taking swift and decisive action, you can have the best possible odds of securing a favorable outcome.
Damages you may be able to recover
The purpose of damages in a premises liability claim is to compensate the injured party for any losses they may have incurred due to the property owner or manager’s negligence.
Two main types of damages may be awarded in a premises liability claim: economic damages and non-economic damages. Both types of damages are meant to restore an injured person to the position they were in before the accident occurred, or as close as possible.
Economic damages refer to losses that have a quantifiable monetary value such as medical bills, lost wages, and the cost of repairs or replacement of property damaged by the incident in question.
Both past and future expenses are considered when calculating economic damages. For example, if you’re unable to return to your job and fulfill those same job duties or are unable to work at all, an expert will testify to the wages and benefits you would have received had you been able to continue working in that same capacity over the remainder of your working life.
The difference between what you would have earned and what you’re now likely to earn can be part of your final settlement or award.
Non-economic damages refer to losses that aren’t as easily quantifiable and can’t be as easily measured by a monetary amount from bills and earnings records. Examples of non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
These damages are typically more difficult to value and prove in court than economic damages, but the right personal injury attorney can help you make a strong case for them.
We’ll help you receive maximum compensation
As trusted Albany personal injury lawyers, we can help you receive maximum compensation in a premises liability case by:
- Thoroughly investigating the facts and circumstances of the incident
- Examining all applicable laws
- Developing a comprehensive legal strategy to maximize your recovery
We will conduct an investigation during which we’ll gather evidence such as witness statements, photographs, videos, medical reports, and prior lawsuits brought against the liable person, and we’ll research local ordinances and safety standards.
In conducting this investigation, we’ll be able to identify all liable parties and pursue them for your damages. This could include the property owner, a landlord, a tenant, a contractor, or any other party responsible for maintaining a safe environment on the premises.
By thoroughly understanding the details of your case and developing an effective legal strategy, we can help you receive maximum compensation for your injuries and losses. We’re dedicated to protecting your rights and fighting for the best possible outcome in your Albany premises liability case.
Common premises liability injuries
The injuries sustained in a premises liability case can vary greatly depending on the circumstances. For example, if you slip and fall on a slippery surface, common injuries are to the head, lower back or hip, and arms from bracing your fall.
If you are injured in a dog bite attack, the injuries could range from puncture wounds to severe lacerations. Psychological harm may also result, leaving the victim with post-traumatic stress disorder (PTSD), depression, or another mental health issue.
Other common types of injuries in a premises liability case include:
- Head injuries
- Spinal cord injuries
- Sprains and strains
When someone dies as a result of a property owner or manager’s negligence, a wrongful death action can be filed by the deceased’s family to recover damages for pain and suffering, medical expenses, lost income, funeral costs, and other losses.
Don’t just settle for the insurance company’s offer
Soon after your injury, you may receive a call from the other party’s insurance company offering you a settlement. Although the offer might be enticing since you have medical bills coming in, anything they offer you is likely to be significantly less than what you deserve or need. A risk of accepting an offer too soon include that you might not yet be aware of the full extent of your injuries and the care you’ll need, so you could end up paying out of pocket for additional medical bills or lost wages that could have been covered by a larger settlement.
Insurance companies are in the business of making money, so their primary goal is to settle for as little money as possible. Accepting the insurance company’s initial offer doesn’t guarantee a fair settlement or one that’s in your best interests.
It’s vital to consult with an Albany personal injury lawyer before you accept any offer from the insurance company. An experienced attorney can help you understand the value of your claim and negotiate a settlement that is fair and just for your injuries.
Hurt on someone else’s property? Let our Albany premises liability lawyers help.
When property owners, landlords, and businesses fail to uphold their responsibility to maintain their premises in a safe condition, the consequences can be serious. If you or someone you love has been injured due to dangerous conditions on someone’s property, you may have grounds for a premises liability claim.
At Shrable Law Firm, we’re committed to helping people who have been hurt due to the negligence of others. Our Albany premises liability lawyers understand what it takes to secure full and fair compensation for our clients, and we are here to help you fight for the justice you deserve.
If you’re ready to begin the road to recovery, contact us today at (229) 349-6291 for a free consultation.
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