Were You Hurt On Someone Else's Property?
Our law firm will protect your legal rights
"Premises liability" is a legal term that refers to a property owner or manager's responsibility to keep the property safe. If you were hurt due to a property owner's negligence, you may be able to file a personal injury claim against the person responsible.
A premises liability injury can happen almost anywhere in Georgia, including apartment complexes, shopping malls and parking lots, motels and hotels, among other places. Often, a premises liability claim arises out of a violent and disturbing attack, such as a rape or sexual assault. These horrific crimes often could have been prevented if the business owner took reasonable steps to protect a visitor or tenant.
Property owners and managers have a moral and legal responsibility to ensure the safety and security of customers, employees and all other visitors to their properties. A property owner who fails to provide adequate security, such as in a hotel or shopping mall, may through their negligence enable an assault, robbery or rape to take place. Inadequate lighting in a parking garage or outside the local grocery store could lead to an injury when a pedestrian is struck walking to his or her car.
Do I Need a Lawyer? Inadequate Security in a Commercial Establishment
Georgia injury victims have relied on Gary Martin Hays & Associates for over 20 years to protect their rights when they've been injured as a result of a negligent property owner's actions. We take on the insurance companies, large corporations, and other powerful entities that want to deny an individual fair treatment for their injury or loss. We help clients sort through the insurance company red tape to get the compensation they deserve. Contact our Atlanta office at 1-800-898-HAYS right now.
Negligent security and premises liability
Certain locations in big cities like Atlanta attract a criminal element. Sometimes drug dealers, gang members or other criminals target places like hotels or mall parking lots because they realize security is lacking. Landlords or property owners who turn a blind eye to the dangerous and criminal behavior taking place on their property may be liable for any injuries or loss of life.
Negligent hiring or supervision of employees
Sometimes, an employee with a criminal background assaults a co-worker or a customer or visitor to the establishment. In such cases, the owner of the business may be liable for failing to properly screen the employee prior to hiring him (negligent hiring). In other cases, an employer might discover an employee is prone to violence. Perhaps the employee has been arrested after being hired. Someone who is injured by the employee may have a negligent retention claim against the business owner if the owner knew about the employee's behavior but failed to dismiss that employee. Similarly, the employer should properly supervise an employee who poses a risk to others.
Premises liability injuries
In many cases involving the negligence of property owners in the Atlanta area, victims have sustained catastrophic injuries, including traumatic brain injury. About 20 percent of brain injuries are caused by violence, such as gunshot wounds.
Sexual assaults on properties often lead to significant psychological as well as physical injuries. An attacker may strike the victim in the head, which could cause a severe concussion.
Spinal cord damage is another serious injury we see with violent assaults. A bullet or a knife might strike the spinal cord, which can lead to paralysis. Some spinal cord injuries occur due to falls. For instance, a victim might fall down a stairwell that lacked adequate lighting or perhaps had a broken handrail.
When victims are seriously injured in accidents, we thoroughly investigate the facts to determine liability. If you or a loved one was injured, you may be entitled to compensation for medical treatment and loss of earnings as well as pain and suffering and other damages.
5 ways to show business owner negligence
Premises liability cases are time-intensive and difficult. The handling of a claim can be challenging, which is why you need an attorney who is experienced in these types of cases. You don't want to try to take on a business, its insurance company and its lawyers by yourself. You need an experienced attorney who can fight for you.
When we handle premises liability cases involving violent attacks, we typically look for the following elements to show negligence by the owner or landlord:
- Prior crimes - The business owner or landlord knew or should have known about prior crimes in the complex. We typically secure crime reports through the local police department. In some cases, a property owner may have been on notice of a serious security problem and allowed a dangerous environment on the property to persist.
- The defendant business owner's internal reports - We investigated to determine if apartment complex or business had reports that identified prior crimes in the location.
- What security practices are in place? We determine if the property owner had taken any security measures. A business owner may be negligent if he knew of a security problem and failed to hire security guards or install video cameras. We can often establish a standard of care a business should use to protect others by showing what other similarly situated businesses do in the area.
- Prior victims - We may interview prior victims of similar crimes in the area. Your claim may be strengthened if we can show that a crime occurred in the same location.
- Security experts - We may hire experts to help us show the property owner did not have adequate security to keep visitors safe.
Your accident changed your life. Now is the time to take control.
We know that a serious personal injury resulting from a premises liability accident or other injury can be a life-altering event. Call Gary Martin Hays & Associates today at 1-800-898-HAYS. There is no fee or obligation for an initial consultation. We're ready to help-contact our office right away.