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Debunking Common Myths About Premises Liability Cases
Premises liability and slip and fall cases aren’t always as straightforward as they may initially appear. Claim filers are often confused or unclear on the burden of proof or evidentiary requirements due to a handful of common misconceptions. Understanding what’s needed to establish liability or what a property owner’s duty of care entails may help you better understand your unique situation and the strength of your case.
1.“Premises liability is just another way of saying slip and fall cases.”
Premise liability encompasses more than just slip and fall accidents. While slip and fall injuries make up a sizable percentage of cases, you can also pursue a claim for many different types of property-related injuries, from those caused by inadequate security or dog bites to injuries resulting from falling objects, hazardous conditions or negligent maintenance.
2. “Only property owners and landlords can be held liable for injuries on their property.”
Premises liability extends beyond property owners and landlords. Tenants, lessees, property managers, construction companies or contractors working on the premises can potentially be held liable for injuries, either individually or together. The determining factor is who had control over the property and the responsibility to address the hazardous conditions that caused your injuries.
3. “Victims can only seek compensation for physical injuries.”
This is not accurate – while physical harm and the resulting medical costs are crucial elements, victims can also seek a monetary award that to cover emotional distress, mental anguish, loss of companionship and financial losses incurred due to lost wages.
4. “Premises liability injuries are only those that happen inside buildings.”
Even someone hurt on the sidewalk or in a parking lot in front of the property is owed a duty of care by the property owner. Premises liability cases can arise anywhere on private or publicly owned property, including sidewalks, parking lots, municipal recreational areas and common outdoor spaces. The primary exception is injuries sustained on a property you own and were responsible for maintaining.
No matter where they’re located, hazards like poorly lit walkways, icy steps or uneven surfaces can lead to severe and sometimes catastrophic injuries that warrant just compensation via a premises liability claim.
5. “Premises liability cases are limited to commercial properties.”
Whether the property is commercial or residential, the responsibility to prevent hazards remains the same. Homeowners, property managers and landlords of rental properties all have a duty to keep the property safe for visitors and occupants alike.
6. “If you were partially at fault for your injury, you cannot recover damages.”
Georgia doesn’t bar someone from monetary recovery for their premises liability claim, even if they were partially responsible. Under the state’s modified comparative negligence doctrine, the injured party qualifies for reimbursement as long as their deemed to bear less than half of the fault. Although the amount awarded will be reduced, they may still be eligible for a settlement.
7. “You can only file a premises liability claim if you were invited onto the property.”
In most cases, this one isn’t a myth. Property owners don’t have a duty of care to trespassers or licensees, meaning they will most likely not be held liable in a premises liability case. The only possible exception is if the property owner intentionally made the property unsafe for the licensee or trespasser.
The law’s approach to injuries suffered by minors while trespassing is a little different. However, the attractive nuisance doctrine may not apply to every scenario in which a child is injured while trespassing. If your child was injured while trespassing, you should consult with a premises liability attorney to learn more.
What Should I Do Immediately After a Premises Liability Accident?
If you’ve been injured on someone else’s property, your first step should always be to inform the property owner/business manager, fill out a report or document the scene if possible and then seek medical attention.
Getting immediate medical attention can help ensure you have the necessary medical documentation to justify the recovery you seek in a claim.
If you’re physically able, take photos or videos of the hazardous condition that caused your accident, any visible injuries and the overall environment where the accident occurred. Keep any items involved in the accident, such as torn clothing or damaged personal belongings.
Receive Help From a Reputable Atlanta Premises Liability Attorney
You don’t have to navigate the complicated legal landscape of premises liability laws alone. Since 2013, the attorneys at the Law Office of Rickard, Drew & Nix have been aggressively pursuing all types of personal injury cases on behalf of our clients, recovering over $50 million in settlements and verdicts. We are ready to put our relentless and dedicated attorneys to work on your case.
Call (404) 588-1001 or complete our contact form to receive a free case consultation with one of our premises liability attorneys today.
