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Atlanta Premises Liability Lawyer

Injured on Someone Else’s Property? Call Pratt Clay.

Premises liability refers to the area of personal injury law that involves injuries sustained on someone else’s property, including businesses, universities, other public spaces, or a person’s home. Property owners are expected to maintain safe property conditions. Not doing so can be considered negligent. If you believe that you have a premises liability case, please turn to Pratt Clay, LLC for guidance. We will carefully examine the details of your case to establish liability and file a compensation-seeking injury claim as quickly as possible.

Some of the most common types of property-related accidents include:

To request a free consultation, call (404) 998-5258 or fill out a case evaluation form online.

Establishing Liability in a Premises Liability Case

Under the law, property owners owe a duty of care to those who visit their premises. This means that all property owners, operators, and managers must take reasonable steps to maintain a safe and healthy environment for their visitors. If they fail in this regard, and someone is injured on the property as a result, they can be held liable for all resulting damages.

In order to file a valid premises liability claim, the victim must be able to prove that:

  • The property was dangerous or contained hazardous conditions
  • The property owner knew or should have known, about the conditions
  • The property owner failed to remove the hazard in a timely manner
  • The dangerous conditions caused the victim to suffer an injury

If you or a loved one was injured on someone else’s property, you may be entitled to damages for the economic and non-economic losses you have suffered. This may include reimbursement for all of your medical expenses and lost earnings, as well as compensation for any pain and suffering, mental anguish, and loss of enjoyment you have experienced. If the accident results in a fatality, a wrongful death claim can be brought by surviving family members on behalf of the deceased.

Call our Atlanta premises liability lawyers today to discuss the details of your case in a free consultation!

Common Injuries in Premises Liability Cases

How Can You Tell if You Have a Premises Liability Case?

According to Georgia law, those who are considered to exercise reasonable care to keep their property safe for any “invitee” while they are approaching, exiting, or present on the premises, have a duty to keep the property safe for guests. Georgia statute, O.C.G.A. § 51-3-1 states if someone leads others onto his or her property for any lawful purpose, he or she is “liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” This law doesn’t apply to those there illegally. For example, a burglar who slips and falls in a person’s home cannot sue the homeowner for any injuries sustained during the burglary because the burglar is not an invitee.

If you were injured on someone else’s property, you are an invitee, and the owner had a duty to keep you safe from any harm, you might be able to pursue a liability case. Pursuing a case involves filing a claim with the owner’s insurance company or suing them in civil court to compensate you for your medical bills, rehabilitation costs, and lost wages. If the injury you sustained was egregious, and the responsible party was criminally negligent, the court might also award you punitive damages, or additional penalties against the responsible party designed to prevent them from repeating the same mistake.

What is an Attractive Nuisance?

If you have children, you are well aware of their curious and exploratory nature. Unfortunately, this predisposition for exploration and discovery can get them into quite a bit of trouble, especially if they end up on someone else’s property and the grounds are unsafe. If a feature on someone else’s property is particularly alluring, however, a child might feel compelled to investigate it and consequently sustain injuries. This is known as an attractive nuisance.

In order for you to have a valid attractive nuisance lawsuit, all of the following must apply:

  • The property owner is aware or should be aware that children are likely to venture onto their land.
  • The feature on the property can potentially cause serious injuries or death to a child.
  • The benefits of keeping the property safe or the cost needed to address the condition is marginal compared to the risk it poses to children.
  • The property owner failed to take the necessary precautions to eliminate this hazardous condition.

Some of the most common attractive nuisances include:

  • Swimming pools: These never fail to attract children, so it is imperative that property owners take reasonable precautions to ensure that it is inaccessible to children who wander onto their property.
  • Manmade ponds and fountains: These fixtures are meant to make a property look more attractive, but they can also draw in young visitors who might inadvertently injure themselves.
  • Play equipment: The equipment property owners keep on their property for themselves or for their own children might appeal to other kids in the neighborhood. Skateboard ramps, jungle gyms, and trampolines are all great fun, but can cause a terrible accident if an unsupervised visits someone else’s property to play.

Additionally, wells, tunnels, dangerous animals, and lawnmowers are also considered attractive nuisances. However, trees and ponds that are not manmade do not fall under this category. Property owners can protect themselves by simply ensuring conditions on their property are reasonably safe for children who might be tempted to walk onto their property.

More Than $100 Million Recovered for Accident Victims

In just two years, Pratt Clay has recovered more than $100 million in compensation. This accomplishment demonstrates our ability to obtain maximum compensation for those represented by our team of Atlanta premises liability attorneys. Our aggressive and pragmatic approach could make all the difference to your premises liability case.

We have access to an extensive network of industry professionals who strengthen our claims with their expertise. Should your case be taken to court, you can feel confident in knowing that Attorneys Bradley Pratt and Chuck Clay have litigated cases in 25 different states across the country. We have also been recognized as “Best Lawyers in America” by our peers.

Contact Pratt Clay for Honest Legal Representation

We strive to deliver legal representation that is honest, from beginning to end, whether you are facing a catastrophic injury lawsuit or hope to pursue compensation for the wrongful death of a loved one. Representing clients throughout the local community and all surrounding areas, Pratt Clay is upfront with clients when assessing their situation to determine if they have a case. This is the kind of trustworthy service you can expect from our firm.

Are you ready to get started? Contact Pratt Clay, LLC for a free case review.

Recommended Reading:

3 Reasons to Hire a Lawyer After a Premises Liability Accident

Why It is Important to Ensure Your Property is Safe Before Summer Festivities Begin

Who Is Liable for a Slip and Fall Accident?

3 Things to Be Aware of Before Hosting a Pool Party at Your Home

Law of Attractive Nuisances