Premises liability is the legal idea that a property owner is responsible for ensuring that their property has no unreasonable or unmarked dangers that may threaten guests or visitors. Examples of these threats include, but are not limited to, slick areas, tripping hazards, or falling hazards. When a property owner fails in this responsibility and one such hazard is the cause of injury to a person visiting their property, the victim of the injuries may have the ability to receive compensation for through the legal concept of premises liability, so long as they themselves were not acting carelessly or dangerously.
The biggest factors that can make or break a premises liability lawsuit are documentation of the incident and the severity of the injuries. The victim of an accident should be sure to complain of injuries immediately after the accident has occurred, and make it very clear to the property owner or business that they are in pain. This can later be very helpful when demonstrating that the injuries occurred as a result of the negligence of the property owner. In most businesses, an incident report will be completed following an accident which will reflect the conditions in which the accident occurred, the time and date it occurred, and any injuries that the victim informs them of. If the victim does not mention any injury to the property owner, and does not seek medical attention following the accident, it can be very difficult to later prove that the injuries occurred on the property.
On private property, an incident report will obviously not be filed. However, it is still important for the victim to inform the property owner of their injuries and immediately seek medical attention. The documentation of the victim’s injuries at the hospital can also serve as crucial evidence in a premises liability case, and can demonstrate where the accident occurred and how bad the injuries may be.
When seeking damages from a slipping or tripping accident, it is important to bring your documentation and evidence to an experienced property lawyer Decatur GA trusts. A skilled attorney will take the evidence brought to them and build a strong claim, removing the stress and heartache of the legal process from the mind of the victim of an accident while ensuring that they will receive the most compensation allowed by the law to help with the healing process.
Thanks to our friends and contributors at Andrew R. Lynch, P.C. for their insight into premises liability.