Premises liability cases may entail a complicated set of overlapping factors that can greatly affect the decision of the jury or presiding judge. Carr & Weatherby has the experience to navigate these issues in order to build the best possible strategy for our clients. We have worked on hundreds of premises liability cases, including wrongful death, paralysis, and other catastrophic injuries. We have defended Fortune 500 companies in these cases, and we have represented injured persons seeking deserved compensation.
Our work on both sides of the aisle enables us to provide plaintiffs and defendants with a unique perspective, helping them to understand what the other side is thinking. Carr & Weatherby has the ability to handle the vast majority of a premises liability cases. This includes negligent security where a person is injured by a third-party criminal while on the property of a business. It also includes slip and fall, trip and fall, or negligent design or maintenance.
If you have a premises liability case, contact some of the best premises liability attorneys in Atlanta. We would welcome the opportunity to speak with you.
Elements of Georgia Premises Liability Law
Premises liability claims involve a wide body of law. As long as there has been property ownership, there have been premises claims, making hiring an experienced premises liability attorney very important. The basic elements of a premises liability claim are (1) a duty of care; (2) a breach of the duty of care; and (3) damages proximately caused by that breach.
Duty of Care and Breach
Premises liability claims are, generally speaking, torts for negligent acts or omissions. The theories as to the duty of care can be statutorily based (such as where a landlord violates applicable building codes or fails to reasonably maintain the condition of their premises) or based on generally accepted practices and procedures (such as where a property owner fails to install reasonable security protection devices despite knowledge of prior criminal acts).
It is important to have a premises liability attorney review your case because not all premises cases are created equally. Each unique fact pattern will require review of the applicable law to determine whether a duty of care was breached and how to prove it. For example, in a negligent security cases, it has been successfully argued that a property owner of a popular amusement park was liable for negligent security at a local bus stop frequently used for entering and exiting the park.
Causation and Damages
Proving negligence is not the only element of a premises liability tort claim. The plaintiff must also demonstrate causation and damages. This means the plaintiff must demonstrate that the accident, not a preexisting condition or subsequent accident, actually resulted in physical harm. It also means that the plaintiff must demonstrate that the fault of the property owner, not a third party, caused the injury. This can be a tricky proposition and is one best handled by an experienced premises liability attorney.
This is just a brief overview of torts in premises liability and is not meant to be exhaustive. Every tort claim is different and, in order to understand the ins and outs of your claim, consider hiring Carr & Weatherby.