Articles Posted in Premises Liability

An illustration of a person fallingProperty owners in Georgia are responsible for the care and upkeep of their properties. They also have a duty to warn of or correct dangerous conditions on their property. When they don’t do that and visitors to the property are injured, then the accident victim might be eligible to sue the property owner.

Accidents on someone else’s premises are not just limited to slip and fall accidents. At Slappey & Sadd, our legal team can review the circumstances of your accident, visit the property where the accident occurred, and begin an investigation into the accident. Our knowledgeable litigation team investigates premises liability cases everywhere in Georgia, including Fulton County, DeKalb County, Gwinnett County, Muscogee County, Newton County, Richmond County, Troup County, Walton County, and Whitfield County. Let our experienced team put their experience to work and pursue the compensation you need for your injuries.

Types of Premises Accident Cases

An empty courtroomIn any personal injury case, you need to prove your case, and in many cases, this requires the testimony of an expert witness. The phrase “expert witness” may sound intimidating, especially to non-lawyers. We hope to alleviate your fears, but also help you understand how a lawyer can help you with proving your claim.

What is an Expert Witness?

In order to understand the role of an expert witness in your case, you need to first understand that, generally speaking, witnesses are not allowed to testify as to their opinions in court. For example, someone who saw an accident while standing on the sidewalk can testify to what they saw but is not permitted to testify as to whether or not they believe one of the drivers was speeding. Similarly, a woman’s husband who was present during his wife’s surgery will not be permitted to testify as to whether the doctor committed medical malpractice.

Many A man with a suit hold a piece of paper that says "lawsuit"people think of personal injury attorneys purely in terms of car accident cases. The truth is that a personal injury attorney can help you in any situation where you have been injured through someone else’s fault. Serious injuries can have life-altering consequences. An experienced personal injury attorney can help you protect your future by seeking fair compensation for your injuries and other losses.

Unintentional Torts: Cases Involving Negligence

Personal injury attorneys handle tort cases – cases that involve an action or failure to act that resulted in harm to another person. Tort cases are civil cases, which means that the plaintiff is seeking a money judgment in order to receive compensation for their losses and injuries.

An escalatorIn our previous post, we reviewed the causes of elevator and escalator accidents and the common injuries that victims suffer. In this post, we’ll be discussing the long-term consequences of these accidents and some of the legal issues you may encounter.

Elevator and Escalator Accidents Can Disrupt Your Day-to-Day Life

In addition to the serious physical injuries listed in our previous post, elevator and escalator accidents can significantly disrupt your day-to-day life for weeks and even months. In some cases, you may be facing a long-term or even permanent disability.  As a result, there are several potential long-term consequences you need to consider:

Two elevator doors Elevators and escalators are everywhere, especially in major cities like Atlanta. Most of us have grown up never having lived without them, which is why we tend to overlook the fact that escalators and elevators can also be incredibly dangerous. They are incredibly sophisticated pieces of machinery that consist of numerous moving parts that can cause serious injuries when they malfunction. At least 17 people were injured in an escalator accident in Hong Kong in 2017. In October of this year, dozens were injured when an escalator collapsed in Rome. Closer to home, ten students were injured in an escalator accident at a Manhattan High School in September. If you’ve been injured while using an elevator or an escalator, this post identifies some of the things you may want to consider.

The Causes of Elevator and Escalator Accidents

There are many things that can cause elevators and escalators to be unsafe or malfunction. In some cases, there may be multiple factors that led to the accident. General mechanical failures are common, as elevators and escalators require a lot of maintenance and upkeep. For this reason, local ordinances and state laws require that they pass regular safety inspections. Failure to conduct routine inspections or perform necessary maintenance and repairs can result in accidents and serious injuries.

IciclesWhile Georgia may not see much snow, we do get plenty of ice. We tend to worry primarily about ice when behind the wheel of our car, but it’s important to remember that ice can lead to falls and very serious injuries. Cuts, scrapes, and bruises may not require much treatment, but some falls result in broken bones, concussions, and other injuries that can require surgery and time off of work. In those cases, you may be entitled to compensation from the property owner for negligence, but it’s important to understand how to make your claim.  


Principles of Premises Liability

Whether or not a property owner should be held liable for someone else’s injury is typically determined by a negligence standard. Most people understand negligence to mean careless or reckless behavior. In the context of premises liability, a property owner is negligent when he or she fails to maintain the property according to a standard of ordinary prudence under the circumstances. For example, a property owner could be held liable if someone fell on a staircase that was the main entry to the building and in obvious need of repair. So, the questions that typically need to be answered in this scenario are as follows:

slip-up-709045_1920-300x200While most slip and fall accidents bruise nothing but our pride, some falls can result in serious injury. Property owners owe a duty to their guests and other visitors to ensure that their property is safe and free from hazards. In the event that the property owner negligently maintains his property causing someone to be injured, the property owner may be held liable for the victim’s medical expenses, pain and suffering, and other losses.  

But what if you can’t tell who owns the property? This issue can be somewhat complicated when a slip and fall injury occurs at a condominium or homeowners association.  

Condominiums

A simple Google search turns up three reports of construction site accidents for the month of August: one involving a GDOT employee in Atlanta, another at a Georgia Water and Power site, and a third where three workers were injured at another power plant in Madison County. We all know construction sites are dangerous, but we don’t often consider how dangerous they are – both for the workers, and the public at large.  

Premises Liability and the General Public

There are numerous hazards on any given construction site – broken and uneven pavement, open pits, holes, and unstable structures, all of which could cause serious bodily injury. Construction companies, therefore, owe a duty to the public to ensure that the work site does not pose a hazard to passersby and the general public. As a result, construction companies are obligated to post signs warning of potential hazards, such as “keep out,” “authorized personnel only,” and “do not enter.” In addition, they must keep the site secure by means of fencing, barriers, locked gates, and other means from preventing entry. Construction sites are especially attractive to children, and so particular attention must be paid to keeping them out.

It’s no secret that Americans love shopping. “Retail therapy” is one of our favorite pastimes. In addition to recreational shopping, how much time do you spend at the hardware store or shopping for groceries? When you add it all up, we spend a lot of our time at retail shopping locations.  

But what happens if you’re injured when you’re out shopping? Slip, trip, and fall accidents happen every day. If you have been injured in a fall at a retail store, there are some important things you need to know.  

The Retailer’s Duty to You

If you have fallen when you were on someone else’s property and are injured, you could be entitled to ask for compensation for your injuries and other losses. Personal injury attorneys refer to these as “slip and fall cases.” Even though slip and fall cases are less common than cases arising from automobile accidents, they can result in injuries that are every bit as serious. These injuries can result in thousands of dollars in medical bills and have a significant impact on your quality of life. If you’ve fallen and are in pain, you should get checked out by your doctor or another medical professional as soon as possible if you haven’t already done so.  

The attorneys at Slappey and Sadd have years of experience in handling slip and fall cases. We have helped many of our clients recover compensation for the common injuries listed below.  

Visible Superficial Injuries