Contact
How can we help?
Attorney

Clayton County Premises Liability Lawyer

Individuals are entitled to live and work within safe spaces, and premises liability is a concept that can hold property owners responsible for injuries or death suffered by those on the property. In Clayton County, premises liability claims can be made against a landlord, property manager, homeowner, or business that neglects to maintain the property it controls or owns in a reasonably safe manner for those invited onto the premises.

If you were harmed while on the property of another, it may be important for you to contact a Clayton County premises liability lawyer. An experienced personal injury attorney could work to address damages, protect your rights, and pursue a positive outcome on your behalf.

Who May File a Premises Liability Case in Clayton County?

When someone suffers injury due to dangerous conditions that were improperly addressed by the property owner, Georgia law allows the harmed person to file a tort lawsuit for premise liability. If the injury causes death, a lawsuit may be brought on behalf of family members.

By establishing liability, the injured party could be entitled to receive monetary compensation known as “damages”. These damages may provide relief for economic harm related to the incident, such as medical bills, therapy, or time lost from work. Damages for intangible—or “non-economic”—harm such as emotional distress or loss of enjoyment could also be awarded.

Injured Persons May Be Able to Recover for Harm

Premises liability cases can potentially involve a wide variety of circumstances, not all of which are accidental in nature. If someone is harmed by a criminal act and the property manager or owner failed to provide adequate security, they could be held liable for their negligence in civil court by a Clayton County premises liability lawyer.

Other situations for which a property owner or manager could potentially be liable include:

  • Dog attacks
  • Slips and falls
  • Elevator malfunction or unmaintained escalators
  • Fire code violations and inadequate smoke detectors
  • Falling merchandise in a store
  • Water-borne injury and illness

If it is found that a property manager was—or reasonably should have been—aware of a dangerous condition and failed to take adequate measures to address the problem, their negligence could be grounds for an injured victim to seek a settlement from them or file a lawsuit. Those suffering due to the negligence of a property manager may be entitled to recover damages under the premise liability theory.

Compensation and Comparative Negligence

Clayton County follows the modified comparative negligence rule enumerated in Official Code of Georgia §51-12-33. This statute specifies that if someone seeking recovery for injuries is found to be partially responsible for their damages, the court should “determine the percentage of fault” of the party seeking damages and decrease their damage award by that percentage.

For example, if a falling display of canned peas in a grocery store injured a shopper, that shopper could seek damages under premise liability law. However, the court might find that the shopper is ten percent responsible for their injury because they were reading a label while walking and brushed against the shelf. Accordingly, their final damage award would be reduced by ten percent.

If the party seeking to recover is found to be 50 percent or more at fault, they would be ineligible to recover any damages. A premises liability lawyer in Clayton County could work on a potential plaintiff’s behalf to contest any counterclaims a defendant makes that try to shift liability onto the plaintiff.

Getting in Touch with a Dedicated Clayton County Premises Liability Attorney

Certain courts approach premises liability cases differently than others, and premises liability can be defined somewhat broadly depending on the situation. Therefore, it is usually a good idea to work with an experienced Clayton County premises liability lawyer who could help you understand premise liability and comparative negligence, and who knows the best approach to take in local courts. Call today to schedule an initial consultation and start exploring what may be possible in your case.