Premises Accident Cases We Handle
Morrison & Hughes is known for taking on complex and high-stakes claims. Our experienced attorneys have the tools to handle all types of premises accident cases, including those involving:
- Slips and falls
- Security issues (negligent or inadequate security)
- Swimming pool accidents
- Dangerous conditions on construction sites
- Physical and sexual assaults
- Nightclub, bar, and sporting event injuries
- Elevator and escalator accidents
- Accidents due to faulty or broken stairs
- Exposure to toxic substances
- Fire hazards and electrocutions
If you've suffered an injury in any of these situations or another type of premises accident, our team is ready to evaluate your case.
What Is Premises Liability?
Premises liability refers to the legal responsibility that property owners have to ensure that their property is reasonably safe for visitors. When property owners fail to uphold this duty, and someone is injured as a result, they can be held liable for the damages.
To win a premises liability claim, plaintiffs must prove the following elements:
- The defendant owned, leased, occupied, or controlled the property.
- The defendant was negligent in maintaining or using the property.
- The plaintiff was injured.
- The defendant’s negligence was a substantial factor in causing the injury.
Property Owner Negligence in Premises Claims
In premises liability cases, property owners are generally required to exercise ordinary care to keep their property safe. The duty of care owed by a property owner or occupier varies depending on several factors, including the type of visitor:
- Invitees: These are people invited onto the property, either explicitly or implicitly, for business or commercial purposes. Property owners owe the highest duty of care to invitees and must inspect the property regularly to identify and fix dangerous conditions.
- Licensees: Licensees are individuals who are on the property for social reasons or other purposes with the owner’s consent. Property owners must warn licensees of known dangers but are not required to inspect the property for hidden hazards.
- Trespassers: Property owners generally owe a limited duty of care to trespassers, with the exception of child trespassers who may be attracted to dangerous conditions (known as attractive nuisances) like pools.
While premises cases can vary in scope, complexity, and even the type of visitor involved, they all generally concern the question of whether a property owner failed to uphold their duty to ensure a reasonably safe environment. Some ways that a property owner can negligently fail to uphold their duty include:
- Failing to clean up spills or address hazards that could lead to slip-and-fall accidents.
- Ignoring broken lighting or inadequate security, increasing the risk of assault.
- Failing to maintain structural elements such as stairs, handrails, or flooring.
- Not repairing faulty gates or fencing around swimming pools.
- Ignoring known fire hazards, broken smoke detectors, or carbon monoxide risks.
Premises cases are intensely fact specific, so determining whether a property owner is negligent will depend on the specific facts involved. For example, juries in these cases (if and when they go to trial) are instructed to take many factors into account when determining whether a property owner’s actions were “reasonable” or whether they constituted negligence. Some of these include:
- The type of business or property (i.e. is it a nightclub with a greater risk or altercations, or a theme park that should have specific safety policies in place).
- The dangerous condition involved and the foreseeability of injuries / injury risks.
- Whether property owners knew or should have known about the hazardous conditions (i.e. did they have actual or constructive knowledge, were there prior incidents or violations, etc.).
- How reasonable or difficult it was to protect against injury risks.
In general, we know that there are many ways that property owners can negligently fail to uphold their duties and laws in place that allow victims harmed by such negligence to take legal action and recover their damages. At Morrison & Hughes, our attorneys have extensive experience handling premises liability claims involving a range of properties, conditions, and circumstances. We can review your matter, discuss your rights and options, and explain what we can do to help.
Recoverable Compensation in Premises Cases
If your premises liability claim is successful, you may be entitled to recover compensation for:
- Medical expenses: Including emergency room visits, surgeries, ongoing treatment, and rehabilitation.
- Lost wages: If your injury forced you to miss work, you could recover lost income.
- Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Punitive damages: In cases of gross negligence, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.
Do I Have a Premises Claim?
You may have a premises liability case if:
- You were injured on someone else’s property.
- The property owner or occupier failed to maintain a safe environment.
- The hazardous condition that caused your injury was known or should have been known to the property owner.
- You suffered damages as a result of the injury.
Our Atlanta premises accident attorneys can evaluate the specifics of your case and determine if you have a valid claim during a FREE and confidential consultation.
Contributory Negligence in Premises Cases
Georgia follows the doctrine of contributory negligence, meaning that if you are partially at fault for your injury, your compensation may be reduced. According to Georgia Code Section 51-12-33, the amount of damages you can recover will be reduced by your percentage of fault. For example, if you were found to be 20% at fault, your recovery would be reduced by 20%.
However, if you are found to be 50% or more at fault, you will be barred from recovering any compensation. This is why it is crucial to have experienced legal representation to minimize any claims of contributory negligence and maximize your potential recovery.
How Long Do I Have to File a Premises Liability Lawsuit in Georgia?
Under Georgia Code Section 9-3-33, the statute of limitations for filing a premises liability lawsuit is generally two years from the date of injury. This means that if you do not file your lawsuit within this time frame, you may lose your right to pursue compensation.
There are some exceptions to this rule, such as if the injury was not immediately discoverable, if the injured party was a minor at the time of the accident, or when claims are being brought against government entities. However, it is always advisable to contact an attorney as soon as possible to ensure that your case is filed within the appropriate time limits.
Can I File a Premises Liability Lawsuit If I Was Injured at Work?
If you were injured at work, you might be able to pursue a premises liability lawsuit in addition to your workers’ compensation benefits.
While workers' compensation is typically the sole remedy for employees injured on the job, there are some situations where injured workers can file a civil lawsuit, including a premises liability claim, outside of the workers’ compensation system. This is most common when the party responsible for the unsafe condition is not your employer, but rather a property owner, contractor, or other entity. When this happens, you may be able to pursue a premises liability claim against that third party, while also receiving workers’ compensation benefits.
Some examples of situations where a premises liability claim could arise from a workplace accident include:
- Accidents on third-party property: If your job requires you to visit or work on property owned by someone other than your employer (such as a client’s office, a construction site, or a commercial property), and you are injured due to a dangerous condition on that property, you may have grounds to file a premises lawsuit against the property owner.
- Injuries caused by a subcontractor: If you are injured on a worksite due to the negligence of a subcontractor or another entity that controls part of the premises, you may be able to file a premises liability claim against that party. For example, if a subcontractor failed to properly secure a dangerous area and you were injured as a result, they could be liable.
- Negligent property maintenance by a landlord: If you work at a location leased by your employer from a property owner or landlord, and you are injured due to the landlord’s failure to maintain the premises (such as faulty stairs, broken lighting, or hazardous conditions in common areas), you may be able to bring a premises liability claim against the landlord.
- Defective equipment or facilities provided by a third party: If a third-party company owns or controls equipment or facilities that are essential to your work and those are found to be defective or unsafe, you might be able to pursue a premises liability lawsuit.
As a firm that fights for clients in both workers’ compensation and personal injury cases, our team at Morrison & Hughes can help evaluate whether you have grounds to bring a claim against a property owner outside in addition to any workers’ compensation case you might have.
Request a FREE Consultation: (404) 689-2734
Morrison & Hughes has earned a reputation for providing compassionate, client-focused representation to folks who’ve suffered due to the negligence of others. If you or someone you love were injured anywhere in Fulton County, DeKalb County, or any of the surrounding areas of the Atlanta metro area, we want to help.
Call (404) 689-2734 or contact us online to request a FREE review of your case.
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