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Tadeo & Silva Law:
Your Atlanta Premises Liability Lawyer

If you need the services of an Atlanta premises liability lawyer, contact Tadeo & Silva Law. We can help you in premises liability cases. Schedule a call today.

The Tadeo & Silva Law Firm is located at 4015 Wetherburn Way Peachtree Corners 30092 Building B. You can contact us Monday through Friday from 9 AM to 6 PM.

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Atlanta Premises Liability Attorney

Have you or a loved one suffered a serious injury on a personal property in Atlanta, Georgia? Maybe a dog bit you, or you tripped and fell over a loose carpet? Another common accident is falling on a wet floor. You can file a premises liability claim and compensation for your damages in all such cases.

Premises liability refers to the responsibility of a property owner to keep their premises safe. The occupants of these premises are also responsible for ensuring the property is free from hazards that may injure guests or visitors. You may hold them liable for your lost income, medical expenses, and pain and suffering.

Premises liability cases can be challenging to prove. An experienced personal injury lawyer from Atlanta, GA, can help you with your case. Tadeo & Silva Law has a team of knowledgeable premises liability attorneys. Book a free consultation with us to discuss your case today!

Georgia Premises Liability Laws

Meaning of premises liability: The reasonable effort to maintain a safe environment is defined under Georgia Code Section 51-3-1 as the “duty of owner or occupier of land to invitee.”

Simply put, the person or entity with the sole authority over a building or piece of property is usually responsible when failing to maintain the safety of a facility or piece of property. The owner’s responsibility also extends to the property’s approaches, including the entrances and other areas that the visitors must pass through to enter the property.

Examples of premises liability cases include:

  • Dog or other animal bites

  • Insufficient or negligent security

  • Insufficient fire safety

  • Slip/trip and fall

  • Swimming pool mishaps

Categories of Visitors

In Georgia law, the property owner or occupier owes visitors a duty of care. Here are the three categories of visitors in Georgia:

Invitees

Invitees enter a property for lawful purposes and with the implied or express consent of the owner. Examples of invitees as per Georgia law include:

  • Customers in a shop during operational hours
  • Clients in an office
  • Contractors working on a house

Property owners owe invitees the highest degree of care. They are responsible for inspecting their premises and fixing or warning them of any issues.

Illustration: When you visit a grocery store, the owner should warn you about any potential hazards. These may include wet floors, broken glass, or spilled liquids. They should exercise ordinary care, like mopping spills or putting up caution signs for wet floors.

Licensees

Licensees enter a property for their convenience or benefit. They also have the implied or express consent of the property owner or occupier. Examples include the following:

  • Social guests
  • Relatives

The property owner is liable to licensees only for willful injuries.

Illustration: If your friend invites you for a barbecue at their rented apartment, you are a licensee. In this case, the property owner should keep the premises reasonably safe. You may be able to file a premises liability claim against the property owner if you suffer a willful or wanton injury due to their negligence.

 

Trespassers

Trespassers enter a property without the owner’s permission. Examples of trespassers include:

  • Intruders
  • Burglars
  • Vandals

The property owner owes this category the lowest degree of care. If a trespasser can demonstrate that they were intentionally or willfully hurt, they may be entitled to hold the property owner accountable. In some circumstances, injured trespassers may hold negligent landowners accountable for failing to appropriately label their property as dangerous or private.

The attractive nuisance doctrine applies when a child is injured by a condition or object on the property that was likely to attract them. These include a swimming pool, trampoline, or swing set. In such cases, the property owner may be liable even if the child trespassed into their land. That’s because they failed to take reasonable steps to prevent the child from accessing the danger.

Atlanta premises liability lawyers can help you understand which visitor category you fall under. They can also assist clients with claims surrounding injuries suffered at someone else’s property.

How Does a Premises Liability Claim Work in Georgia?

Under Georgia laws, proving a premises liability claim requires the presence of the following elements:

Duty of Care 

You must show that the property owner or occupier owed you a duty of care. This means they were responsible for keeping the premises safe, including warning you of a known or hidden dangerous condition.

 

Duty of Care Breached

The next step is to show that the owner or occupier breached their duty of care. This means the occupier or owner knew but failed to maintain or warn you of the hazardous condition.

Breach of Duty Caused an Injury

At this juncture, the plaintiff must prove that the breach of duty by the landowner/occupier caused an injury. You can do this by demonstrating a link between the property owner’s negligence and your accident.

 

Damages Suffered Due to the Injury

Lastly, you need to show that the damages you’ve suffered are because of the injury. It means you incurred losses that can be measured in monetary terms.

 

Can a property owner be liable for criminal acts on their premises in Atlanta?

Under Georgia premises liability law, property owners or managers may be held liable for criminal acts that occur on their premises, especially if it is proven that inadequate security contributed to the incident. Premises liability law in Atlanta considers the legal responsibility of property owners to ensure a reasonably safe environment. This can include providing adequate lighting, adequate security personnel, or other measures to deter criminal activity.

For example, if a parking lot of a business area is poorly lit and any person suffers from head injuries or other harm due to an assault on that property, the business owner might be held responsible.

This can be a particular case if it can be proven that the owner was aware of previous incidents or the potential for such incidents but failed to take reasonable steps to enhance security.

However, each case is unique, and determining liability involves examining the specific circumstances of the incident.

If you have been affected by criminal acts on someone else’s property, seek legal advice and consultation to understand your rights under premises liability law. We offer an initial consultation with our experienced premises liability lawyer to help victims assess their situation and determine the viability of a claim.

What is the statute of limitations for filing a premises liability claim in Atlanta?

The statute of limitations for filing a premises liability claim in Atlanta, GA, is about two years from the date of the incident. The injured party has up to two years to initiate legal proceedings against the property owners or manager.

Waiting too long to file a claim can result in losing the right to seek compensation for injuries sustained. It is important for the victims of premises liability incidents to seek legal advice and consultation as soon as possible after the incident.

Timely, prompt actions ensure that evidence can be gathered effectively and the claim is filed within the legal timeframe. Consult with an attorney to preserve your rights.

How Can a Premises Liability Attorney From Tadeo & Silva Law Help?

Premises liability lawsuits are complex. Fortunately, an experienced premises liability attorney from Tadeo & Silva Law can help you get compensation. Some of the ways in which we can help you with your case include:

Investigate: We conduct thorough investigations of the accident scene and gather evidence. We collect photos, videos, accident reports, witness statements, and medical records.

Identify liable parties: We identify the liable party and their insurance policies. We also identify property owners, property managers, maintenance companies, and security guards.

Identify duty of care and breach: We determine the level of care owed in your case based on your visitor status. We then identify if the duty of care owed has been breached.

Damage evaluation: We evaluate the monetary value of the damages suffered and then demand fair compensation for losses, including:

  • Past and future medical bills
  • Lost wages
  • Pain and suffering

Negotiations with the insurance company: We negotiate with the insurance company through their adjuster. This allows us to settle on a compensation amount that suits your needs and protects your rights.

Filing lawsuits: The insurance company may deny your claim. They may also refuse to offer a fair settlement. In this case, we file a lawsuit and represent you in court.

Contact Tadeo & Silva Law as Your Atlanta Premises Liability Attorneys

At Tadeo & Silva Law, we have skilled and dedicated attorneys who can help you with your premises liability claims. We help you get justice and compensation for your premises liability injuries by navigating the complex nature of such claims.

Have you or your loved one had a premises liability accident? Book a free consultation with Tadeo & Silva Law today!