Savannah Premises Liability Lawyers

You may not always be aware of the condition of the property you are on. The property owner may know of dangerous conditions or should be aware of them, but you might only realize their existence after injury. In such situations, you can hold the property owner or the person responsible for the property legally liable for what happened to you. First, contacting a Savannah premises liability lawyer who can review your case and explain your legal options is crucial.

Understanding Premises Liability

Premises liability law is designed to protect individuals from injuries due to unsafe conditions on someone else’s property. The principle behind this area of law is that property owners are responsible for maintaining safe environments for those who enter their premises. This duty can vary depending on the visitor’s status, so understanding the nuances of premises liability is essential.

Types of Premises Liability Cases

Premises liability covers a wide range of injuries on someone else’s property. These cases generally follow similar legal principles. Common types of premises liability cases include:

• Slip and Fall Accidents: Slip and falls are among the most common types of premises liability claims. Wet floors, uneven surfaces, and debris can all contribute to these accidents.
• Negligent Security Incidents: Property owners are responsible for providing adequate security to prevent visitors’ harm. Inadequate lighting, a lack of security personnel, or broken locks can lead to serious injuries or assaults.
• Apartment Sexual Abuse: Apartment complexes and landlords have a duty to maintain safe and secure environments for their tenants. If a tenant or visitor is sexually assaulted on the property due to inadequate security measures—such as poor lighting, broken locks, or negligent security staff—the property owner or manager can be held liable. In these cases, the owner may be responsible for failing to take reasonable steps to prevent foreseeable harm to tenants or guests.
• Fires: If a property lacks proper fire safety measures, such as functioning alarms or fire escapes, the owner may be liable for injuries resulting from a fire.
• Patio and Deck Collapses: Homeowners are responsible for ensuring their outdoor structures are safe and well-maintained. If a deck collapses due to neglect, the owner may be held accountable.
• Dog Bites: Dog owners can be held liable for injuries caused by their pets, especially if the dog has a history of aggressive behavior.
• Exposure to Toxic Substances: Property owners must disclose hazardous materials, such as asbestos or lead paint. Failure to do so can result in serious health issues for visitors.
• Elevator and Escalator Accidents: These machines must be maintained to ensure the safety of users. Malfunctioning equipment can lead to severe injuries.

What Is the Duty of Care Owed to Visitors?

Under Georgia law, there are three categories of visitors on land. The property owner owes a duty of care to all but trespassers. The three categories are as follows:

• Invitees: These individuals are invited onto the property for business purposes, such as customers in a store. The property owner owes the highest duty of care to invitees, which includes regularly inspecting the property and promptly addressing any known dangers.
• Licensees: These are social guests permitted on the property. Their duty of care is to warn of known dangers that are readily apparent, though not necessarily hidden.
• Trespassers: Landowners generally owe no duty of care to trespassers who are there without permission. However, they must avoid deliberately injuring them and can use reasonable self-defense if necessary.

Who Are Potential Defendants in a Premises Liability Lawsuit?

Property owners are typically the most common defendants in a premises liability lawsuit. For example, if you were injured while staying at a hotel, the owner may be liable for your injuries. However, liability may not always fall on the owner directly. If the owner leases the premises to another party, that tenant may be responsible for maintaining safety and liable for your injuries.

Investigating Your Case

Your premises liability lawyer will thoroughly investigate your accident to determine the appropriate parties to sue. Multiple parties may be legally responsible for your injuries, and your attorney will advise you to name all potential defendants in your lawsuit. This might include property management companies or maintenance personnel.

What Must Be Proven in a Premises Liability Case?

To receive financial compensation, you must prove that someone else was negligent and that their negligence caused your injuries. Like other personal injury cases, you need to establish negligence by a preponderance of the evidence. This means you must show that it is more likely than not (a 51% certainty) that the property owner’s negligence caused your injury. Once you establish negligence, you can then discuss financial compensation.

What Evidence Can I Use in a Premises Liability Lawsuit?

Your premises liability attorney can gather various types of evidence to support your claim or lawsuit. This evidence may include:

• Eyewitness Testimony: Statements from individuals who witnessed the incident can strengthen your case.
• Photographs of the Accident Scene: Visual evidence can help illustrate the conditions that led to your injury.
• Expert Testimony: Accident reconstruction specialists can provide insight into how the incident occurred.
• Police Reports: These can serve as persuasive documents for insurance negotiations and as a basis for further investigation.

Additionally, your attorney may work to obtain evidence held by the defendant after filing your lawsuit. For instance, you may seek maintenance and inspection logs or video footage to demonstrate the conditions before your accident. A recording of the incident could also show that you did nothing to cause it.

How Much Is My Premises Liability Case Worth?

Typically, the defendant in your premises liability case has an insurance policy that covers damages. For example, a business might have a general liability policy that covers injuries sustained on its property, while a homeowner may have a homeowner’s insurance policy that covers injuries to visitors or legal occupants.

What Damages Can I Receive in a Premises Liability Case?

Your premises liability attorney will review your medical records and the specifics of your situation to determine how much you can claim. There are two categories of damages in a premises liability case:

• Economic Damages: These cover the actual financial losses associated with your injury, such as medical expenses and lost wages.
• Non-Economic Damages: These compensate you for the effects of your physical injuries, including pain, suffering, and emotional distress.

It is important to note that punitive damages are rare in personal injury cases and are only awarded by a jury when they want to make an example of the defendant.

How Can a Savannah Premises Liability Lawyer Help Me?

Navigating the process of receiving adequate compensation from the insurance company can be challenging without legal assistance. A Savannah premises liability lawyer will investigate your accident, gather evidence, and evaluate your case to help determine the compensation you should seek.

The attorneys at Kicklighter Law have extensive litigation experience and work diligently to obtain favorable outcomes for our clients. We provide compassionate customer service and guide you through this difficult time in your life. Our team understands the complexities of premises liability cases and is dedicated to advocating for your rights.

Contact the Savannah Premises Liability Lawyers at Kicklighter Law Today

If you have been injured on someone else’s property, seek legal assistance from the Savannah premises liability lawyers at Kicklighter Law. Schedule an initial consultation with one of our attorneys by sending a message through our website or calling us at 912-754-6003. Our office is located in Springfield, Georgia, and we serve clients in Effingham County, Savannah, and the surrounding areas.