As a Metro Atlanta Premises Liability Lawyer, I know that property owners and businesses have a duty to maintain a safe environment for their guests and visitors. When someone is hurt on their property, liability may follow. The most common type of premises liability is the slip and fall case. Another is negligent security. The Law Office of Joseph P. McClelland, LLC represents clients injured in slip and fall cases in Atlanta, Decatur, Griffin, McDonough, Jackson, Monticello, Forsyth, Barnesville, Locust Grove, and Macon. See our page Decatur accident lawyers or maybe our page on McDonough personal injury lawyers.
Georgia Slip and Fall Lawyer
guest of a tenant is an invitee upon the premises of the landlord where he is invited by the tenant and visits him in such premises; the applicable standard of care is that prescribed by this section. Winchester v. Sun Valley-Atlanta Assocs., 206 Ga. App. 140, 424 S.E.2d 85 (1992).
The owner or occupier of a premises has a duty to exercise ordinary care in keeping the premises and approaches safe. Pilgreen v. Hanson, 89 Ga. App. 703, 81 S.E.2d 18 (1954); Tatum v. Clemones, 105 Ga. App. 221, 124 S.E.2d 425 (1962); Simpson v. Dotson, 133 Ga. App. 120, 210 S.E.2d 240 (1974).
Duty to keep premises safe for invitees applies to defects or conditions which are in nature of hidden dangers, traps, and the like, in that they are not known to the invitee and would not be observed by him in the exercise of ordinary care. Coffer v. Bradshaw, 46 Ga. App. 143, 167 S.E. 119 (1932).
Owner is liable to invitees for failure to keep premises safe. The owner or occupier of land is liable in damages to those expressly or impliedly invited upon the premises for such damage as is occasioned by his failure to exercise ordinary care to keep the premises and approaches safe. Goldsmith v. Hazelwood, 93 Ga. App. 466, 92 S.E.2d 48 (1956); Knowles v. La Rue, 102 Ga. App. 350, 116 S.E.2d 48 (1960); Winn-Dixie Stores, Inc. v. Hardy, 138 Ga. App. 342, 226 S.E.2d 142 (1976).
Owner or occupier of land is liable for failure to warn invietees of dangers or defects iin such premises or iinstrumentalities, of which he knew or of which it was his duty know in the exercse of ordinary care. Fuller v. Louis Steyerman & Sons, 46 Ga. App. 830, 169 S.E. 508 (1933); Camp v. Curry-Arrington Co., 49 Ga. App. 594, 176 S.E. 49 (1934); Tybee Amusement Co. v. Odum, 51 Ga. App. 1, 179 S.E. 415 (1935); Mortgage Comm’n Servicing Corp. v. Brock, 60 Ga. App. 695, 4 S.E.2d 669 (1939); Freeman v. Levy, 60 Ga. App. 861, 5 S.E.2d 61 (1939); Sheffield Co. v. Phillips, 69 Ga. App. 41, 24 S.E.2d 834 (1943); Indian Springs Swimming Pool Corp. v. Maddox, 70 Ga. App. 842, 29 S.E.2d 724 (1944); Brown v. Hall, 81 Ga. App. 874, 60 S.E.2d 414 (1950); Rothberg v. Bradley, 85 Ga. App.477, 69 S.E.2d 293 (1952); Goldsmith v. Hazelwood, 93 Ga. App. 466, 92 S.E.2d 48 (1956); Ward v. VFW, Post 2588, 109 Ga. App. 563, 136 S.E.2d 481 (1964); Sutton v. Sutton, 145 Ga. App. 22, 243 S.E.2d 310 (1978); Atkins v. Tri-Cities Steel, Inc., 166 Ga. App. 349, 304 S.E.2d 409 (1983).
Not all Atlanta slip and fall cases are recoverable under Georgia law. If you walked right into something in the middle of the floor that was obvious, you have a problem. The Open and Obvious doctrine may preclude you from being successful in court because a reasonable person would have seen it, and not hit it.
When you are hurt on the property of another, they usually will have a homeowner’s insurance policy. These homeowner’s insurance policies are much greater in dollar value than a normal car insurance policy. That means that if your injury is severe, then have have a higher likelihood of recovering full compensation for your injury.
Property owners are responsible for known dangerous problems. For example, if the steps going off the porch are broken and a guest slips, then a legitimate claim can be made. Now, the homeowner must have know about the dangerous condition or should have known about it. Contact your Atlanta Slip and Fall Lawyer if you have any questions.
As a Georgia personal injury lawyer, I see slip and fall cases in grocery stores all of the time. The reason why is because grocery stores have a high customer volume. Further, may of their items can leak or break causing fluids to remain on the floor. The store has a responsibility to reasonably check for this type of problem. Then, quickly clean it up.
Recovery for a slip and fall is similar to other personal injury claims. You can recover for lost wages, future lost wages, medical bills, future medical costs, pain and suffering, future loss of enjoyment of life, and your spouse may have a loss of consortium claim.
If you are interested in something different such as trucking cases, then check out our page on Atlanta tractor trailer accidents. If you need information on Georgia motorcycle accident attorneys, then click that link.
If you need a Metro Atlanta premises liability lawyer for Atlanta, Decatur, Marietta, Stockbridge, Jonesboro, Morrow, Riverdale, McDonough, Griffin, Jackson, Monticello, Forsyth, or Macon, call us today. At the Law Office of Joseph P. McClelland, LLC , we are dedicated to getting our clients the help and compensation they deserve. If you need a Metro Atlanta Accident Lawyer, then call us today at 770-775-0938.
By: Georgia Attorney, Joseph P. McClelland