Atlanta Lawyer Fighting For You In Premises Liability Cases
When you visit an establishment, store or apartment building, you reasonably expect that the property owner has taken adequate security measures to protect their patrons. Whether the property contains improperly maintained facilities or a lack of proper security, visitors can easily become injured or victims of crimes.
I am attorney Christopher Newbern, and if you suffered an assault or injury due to negligent security, then you may be able to file a personal injury claim against the negligent property owner. At Newbern Law Firm, I help injured clients in the Atlanta metropolitan area fight for the compensation they deserve.
What Is Premises Liability Law In Georgia, And Does It Apply To Your Case
Premises liability is the area of the law that considers the duty that businesses and property owners have to the people who visit them. The basic idea is that every location where people are meant to be is safe for those people. And if there are any hazards that can’t be made safe, effective and ample warnings keep people from risking their health.
Every property owner has that duty to care for visitors to their property; however, the duty changes depending on the type of person there.:
- Invitees include store customers or anyone in a public premises count here, who should be protected by a warning and reasonable, regular inspection of the premises.
- Licensees include guests in a home or someone using a front walkway to reach the door; these people must be warned of potential dangers.
Invitees make up the vast majority of premises liability claims filed against stadiums, arenas, music venues and grocery stores.
Common Types Of Atlanta Premises Liability Accidents I Handle
Premises liability comes in many different forms, and they are all vastly different depending on the circumstances of the case itself. The most common types I take on include:
- Slip-and-fall accidents: These are by far the most common type of premises liability injury. The most classic example would be a slip in a grocery store from a broken bottle. However, these can also be caused by discarded objects or unexpected step-downs.
- Dog bites: This may be an injury most often suffered by guests to private property. Dog bites are surprisingly dangerous and painful, and can lead to considerable pain and costly treatment.
- Swimming pool accidents: Both full and empty swimming pools are regularly the subject of lawsuits due to people diving in too shallow an area or falling into a covered pool they thought was ground.
- Negligent security: Apartment complexes, malls, bars and stores all have a duty to provide adequate safety measures to keep visitors safe from criminal activity.
All of these cases have their own special requirements in court, which demand attention and care from your representation. Potentially the most complex of these cases are the negligent security cases.
A Close Look At Negligent Security Cases
To prove a negligent security case, you must establish that the property owner knew or should have known that the negligent security could likely cause a crime to occur. I will thoroughly investigate all the evidence, the property’s history of criminal activity and the criminal activity in the area to help determine if you have a valid claim.
Examples of negligent security include:
- Failure to repair safety gates
- Broken locks and security systems
- Poor lighting
- Inadequate training of security guards
Failing to secure gates and locks or maintain security systems or sufficient lighting can all lead to break-ins, burglaries, robberies, batteries and sexual assaults. In Georgia, you may recover damages to cover your medical expenses, lost income, therapy costs, pain and suffering, and loss of enjoyment of life.
Whether I can help you settle your case outside the courtroom or litigate on your behalf inside the courtroom, you can rely on me to fight tirelessly to hold wrongdoers accountable and win you the compensation you need to move forward.
How Do You Prove An Atlanta Property Owner Was Negligent?
While negligent security is extremely complex, the basics for proving any instance of premises liability is built on four important pillars. These pillars are;
- Duty: Does the property owner owe a duty to you? That does depend on the type of visitor to the property you are, but yes. There is a duty that exists. It is my job as your premises liability attorney to illustrate that fact for juries and courtrooms.
- Breach: The breach of duty is the evidence that the property owner didn’t take appropriate care in protecting you, either by not cleaning up the hazard or neglecting to provide adequate warning.
- Causation: Another aspect of my work for you is to provide key evidence that the property owner’s breach of their duty directly led to your injuries. Or, in some cases, exacerbated existing injuries, if that’s the reality of your situation.
- Damages: For any lawsuit to move forward, there must be legitimate damages to pursue. These damages can be economic damages for medical bills or noneconomic damages for pain and suffering.
My goal is to fight to help you hold the property owners who did not follow through with their duty to protect you accountable. I will pursue your case for as long as it takes to maximize your claim.
Misleading Insurance Implications May Be Your Biggest Obstacle
A tactic that many insurance companies use when communicating with victims of premises liability accidents is implying they share some of the blame. And, while it is possible to share in the blame for your accident, that doesn’t stop you from recovering compensation for the injuries you suffer.
Georgia personal injury law has a comparative negligence rule, which allows even people partly responsible for an accident to pursue damages. As long as the court rules that you are not more than 50% responsible, you have a right to compensation.
It is my job as your attorney to answer the implications and assumptions of the insurance company forcefully and let them know that you will not just accept their first settlement. You will take your case as far as necessary to get what you deserve.
Helping You Hold Property Owners Accountable
When you work with me at Newbern Law Firm, you will always receive the personalized attention and respect you deserve. From gathering evidence to fighting for your best interests in the courtroom, I will be by your side through every step of the process. To schedule a free consultation at my Atlanta office, call me at 943-245-8801 or fill out my online contact form to get in touch.
