Atlanta Premises Liability Attorney Near Me | Atlanta Lawyer

WHY CLIENTS CHOOSE ROSS MOORE LAW

Here’s why locals choose our Atlanta premises liability lawyers:

• Millions recovered for clients through verdicts and settlements
• Award-winning legal representation
• A history of highly satisfied reviewers of our personal injury law firm
• Meticulous, diligent, and personalized approach to each accident claim
• Contingency fees – you don’t pay unless we win!

At Ross Moore Law, our skilled personal injury law firm is proud to advocate for accident victims. Offering experienced Atlanta premises liability lawyers, we take the time necessary to understand all aspects of your case – so you can focus on feeling better. This in-depth approach enables us to craft a strong case designed to maximize your compensation.

WHAT DOES PREMISES LIABILITY MEAN?

Premises liability is a legal term often used in personal injury cases. It applies to accidents that occur on someone else’s property due to unsafe conditions.

WHAT TO DO AFTER A PREMISES LIABILITY ACCIDENT

STEP 1:  CALL 911 IMMEDIATELY 

If you have been involved in an accident injury, call 911 right away.

STEP 2: SEEK MEDICAL ATTENTION

Seek medical care as soon as first responders arrive on the accident scene. Even if you do not initially appear to be injured, be sure to see your doctor as soon as possible.

STEP 3: AVOID SPEAKING ABOUT CASE OR ADMIT FAULT 

Do not discuss your injury or share details about your accident claim. Stay off social media and do not make a statement to the insurance company without first speaking to an Atlanta premises liability lawyer.

STEP 4: GATHER EVIDENCE AND DOCUMENTATION

Take photos of your injuries and the accident scene. Also, retain all medical documents related to your accident, such as hospital bills, medical records, etc. This evidence, as well as police reports and eyewitness statements, will be used to strengthen your accident claim.

STEP 5: BE TIMELY & KNOW THE STATUTE OF LIMITATIONS

After your premises liability accident, do not wait to pursue legal action. Keep in mind that the statute of limitations is two years here in the Peach State, meaning that you must file your accident claim within two years of your accident.

STEP 6: HIRE AN ATLANTA ATTORNEY FOR LEGAL REPRESENTATION

Entrust your case to an Atlanta premises liability lawyer. While it is possible to proceed without legal representation, keep in mind that the legal system can be very difficult to navigate. For maximum compensation, trust Ross Moore Law.

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COMMON PREMISES LIABILITY ACCIDENTS 

A wide variety of accidents can occur on someone else’s property if they fail to properly maintain it. The property owner’s negligence may result in any of the following accidents:

Slip and Fall Accidents

Slip and fall accidents can take many forms. For example, if you slipped on a freshly mopped floor at the grocery store because the owner failed to identify the hazard with a “Wet Floor” sign, you may have grounds for a premises liability claim.

Dog Bites

If an aggressive dog is not properly restrained and you are bit on someone else’s property, you may be eligible for compensation. In this case, it is the owner’s responsibility to secure the dog before welcoming you onto their property.

Hotel Accidents

When you stay in a hotel, you expect a certain standard of safety and comfort. If this standard is not met, the property owner could be held liable for any injuries that occur. Unsafe conditions may include doors with broken locks, rooms with hazardous materials, unlit parking lots, etc.

Negligent Security

If a property owner fails to provide sufficient security, they may be deemed responsible for any injuries that result. For instance, failure to secure the premises may result in robbery or assault.

Construction Site Negligence

Construction sites are notoriously dangerous, making it even more crucial for hazards to be properly identified and marked. If the construction company fails to do this and a pedestrian is injured, they may be eligible for compensation.

Parking Lot Accidents

Premises liability also pertains to accidents that occur in commercial parking lots. Slips, trips and even assaults may occur in parking lots that do not feature proper lighting and security. If negligence leads to an accident injury, the property owner must be held accountable.

Exposure to Toxic Chemicals

Exposure to toxic substances and chemicals – such as asbestos, mold or pesticides – is grounds for a premises liability case. If the property owner did not follow the laws for safe storage of hazardous substances, they may be held liable.

Electrical Accidents

Exposed or faulty wiring can result in serious injuries, or in the worst case, fatalities. That is why property owners must ensure all electrical systems are properly maintained and safe before guests, patrons or visitors enter.

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PHASES IN A PREMISES LIABILITY CASE

While no two premises liability claims are the same, each case typically progresses through several phases. Our Atlanta accident lawyers will walk you through the process, offering trusted legal advice each step of the way. Here’s what you can expect:

PHASE ONE: Reach Maximum Medical Improvement

Our Atlanta premises liability lawyers often recommend that accident victims wait until they have reached maximum medical improvement before filing a claim. Once you have reached that point, your accident attorney will have a better idea of how much your claim is worth. That way we can ensure you never settle for less than you deserve.

PHASE TWO: File a premises liability claim.

Your Atlanta accident lawyer will handle every aspect of your claim to ensure that every deadline is met. For instance, the Georgia statute of limitations requires you to file a claim within two years of your injury.

PHASE THREE: Complete the discovery process.

This process involves an investigation into your claim. Your Atlanta premises liability lawyer will gather the evidence needed to strengthen your case and hold the at-fault party accountable. Discovery may also include eyewitness interviews and document analysis. This phase typically takes about six months to a year.

PHASE FOUR: Negotiate a fair settlement.

During the mediation phase, both sides work to find a mutually agreeable settlement. If this occurs, the case concludes. If the at-fault party refuses to offer fair compensation and a settlement cannot be reached, the case will proceed to the next phase.

PHASE FIVE: Go to trial.

The majority of premises liability cases are settled outside of the courtroom. Going to trial takes significant time and money, but if a settlement cannot be reached, our Atlanta accident lawyers are prepared to take your case to court. Both sides will present their findings and a verdict will be determined by a judge or jury.

COMMON FACTORS THAT INFLUENCE PREMISES LIABILITY CLAIMS

Premises liability claims can be heavily influenced by a wide variety of factors. If the property owner acted in a negligent or careless manner, anyone injured on that property may be eligible to pursue compensation for their injuries.

Factors that influence premises liability claims may include the following:

• Whether the premises was public, commercial, or private
• Purpose of the visit to the property
• Type of hazard that caused the injury
• Age of the injury victim
• Environmental factors such as poor lighting
• What maintenance procedures were in place, if any
• How long the hazard was present
• Efforts made to warn visitors of hazard
• Whether the hazard was natural or man-made

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WHAT WAS YOUR VISITOR STATUS WHEN YOU WERE HURT ON THE PROPERTY?

One of the major factors that will determine whether or not you have a viable premises liability claim is what type of visitor you were when you got injured on the defendant’s property. There are three general categories of property visitors:

Invitee

An invitee is someone who was given explicit or implied permission to enter a property, usually for the benefit of the property owner or caretaker. For example, an invitee may be a customer in a shop or restaurant, a commercial or residential tenant, or a guest at a hotel or resort. The highest duty of care is owed to invitees, and it is the responsibility of those in charge of the property to take reasonable steps to ensure that these visitors are safe from all known hazards.

Licensee

A licensee is someone who also has explicit or implied permission to be on a property, but they generally enter for their own purposes or as a social guest. Examples of licensees may include unsolicited salespeople, neighbors, and dinner party guests. A property owner or caretaker would generally owe a slightly lower duty of care to a licensee. They are still obligated to warn licensees of any known hazards that create an unreasonable risk of harm, but they are not necessarily required to take steps beyond that, like regularly inspecting the property to uncover previously unknown hazardous conditions.

Trespasser

A trespasser is someone who enters a property without the permission of the owner or caretaker. And because trespassers are not legally authorized to be on the property, they are owed very little duty of care. The only obligation an owner has is to refrain from willful or malicious conduct or entrapment that would cause a trespasser harm. Children are one possible exception to this rule, with landowners owing a duty of care to avoid any foreseeable risks to children who might trespass on the property.

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GEORGIA STATUTE OF LIMITATIONS FOR PREMISES LIABILITY ACCIDENT

2 YEARS 

The statute of limitations here in Georgia is two years, meaning that accident victims have up to two years from the date of their car crash to file an accident claim. If you fail to file within that time period, your case will most likely be dismissed.

An exception exists if a fatal accident victim’s family would like to file a wrongful death claim. In this case, they would have up to 2 years after the date of the victim’s death to file a lawsuit.

COMMON DAMAGE RECOVERED IN PREMISES LIABLITY CASE

When someone gets injured in a slip and fall accident or suffers another type of premises liability injury, they are entitled to damages. Damages can be recovered not only for direct monetary losses such as medical costs and lost earnings, but also for noneconomic losses like physical and emotional pain and suffering.

Georgia uses a modified form of comparative negligence in personal injury cases. Under state law, an injured party can recover damages as long as they are less than 50% at fault for the underlying accident. If you are partially to blame, however, the damages you recover will be reduced in proportion to the percentage of fault you share. For example, if your compensable losses totaled $50,000 and you are found to be 20% at fault, your damage award will be reduced by $10,000 down to $40,000.

Here are some common damages recovered in premises liability case:

• Medical expenses
• Medication costs
• Future medical treatment costs
• Loss wages
• Lost earning capacity
• Property damage
• Pain and suffering
• Loss of enjoyment of life

As we mentioned earlier, defendants often fight hard to deny liability, believing claims to be frivolous and without merit. With this in mind, the defendant in your case is likely to claim that you were at least partially to blame for the accident so they can mitigate their losses.

Some possible defenses that might be used in a premises liability claim include:

• The defendant was not aware or could not have reasonably known about the dangerous conditions.
• The danger or hazard which caused the injury was open and obvious to a reasonable person.
• Your slip and fall injury occurred because you were not watching where you were going (e.g., you were too busy looking down at your cell phone).
• You were in an area of the property that is restricted or where visitors do not typically go.

In order to successfully counter the arguments of the defendant, it is important to have as much documentation and evidence as possible. Create a detailed report (either in writing or audibly using a voice recorder) of what happened while everything is fresh in your mind. Also, be sure to take multiple photographs to show the hazard that caused the accident and the injuries you suffered.

If there were any individuals who witnessed the event, obtain statements and contact information from them. Finally, be sure to get an experienced Atlanta premises liability lawyer involved quickly to put you in the best possible position to obtain the compensation you deserve.

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3 MISTAKES TO AVOID IN A PREMISES LIABILITY CASE 

Be sure to avoid these common missteps after your accident:

• Providing a recorded statement or releasing your medical records to the at-fault party’s insurance company. Remember that they are NOT on your side and can use any statement made against you.
• Posting about the accident on social media. Insurance adjusters will scrutinize every post, trying to prove that your claim is illegitimate.
• Accepting an early settlement without consulting an Atlanta accident lawyer. The insurance company may offer you a settlement immediately after an accident, before even knowing the extent of your injuries. Never settle for less than you deserve!

FAQS | COMMON ATLANTA PREMISES LIABILITY QUESTIONS

What is the difference between personal liability and premises liability?

Personal injury is a wider term that encompasses a wide range of accidents. Premises liability claims specifically involve unsafe conditions found on someone else’s property. In either case, someone else’s negligence resulted in an accident.

What places are considered responsible for premises liability accidents?

Premises liability accidents may occur on private properties, such as homes, or commercial properties, like grocery stores, malls, hotels, restaurants and more.

What type of conditions can result in a premises liability claim?

Any of the following conditions may cause an accident:

• Wet and slippery floors
• Potholes in parking lots
• Chemical exposure
• Cluttered walkways
• Dog bites
• Uneven flooring
• Curled up or torn carpeting

If I fall on a broken piece of city sidewalk and get injured, can I sue the city?

In many states, local governmental entities are granted immunity in these instances. Mandates often prohibit accident victims from recovering damages, but if there is no statute in place, you may be eligible for compensation.

What happens if I get injured at my neighbor’s home after being invited to their party?

The homeowner is responsible for informing guests of any known hazards. If your neighbor did not tell you about dangerous conditions that you would have been unlikely to recognize, you may be able to recover compensation.

What steps can I as the injured victim take to strengthen my premises liability case?

To strengthen your premises liability claim, our Atlanta accident lawyers recommend the following:

• Report the injury to the property owner or manager immediately.
• Seek medical attention as soon as possible.
• Document the accident scene (take photos, write down what happened, etc.).
• Get names and contact information of any witnesses.
• Contact an experienced attorney before speaking to the property owner or any insurance company.

How much does a premises liability lawyer cost?

Here at Ross Moore Law, our Atlanta premises liability lawyers work on a contingency basis. That means you only pay if we win your case. And we also offer free case evaluations!

Discover More Premises Liability Questions

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WHAT OUR GEORGIA CLIENTS SAY ABOUT US

Scott Presley

Started with a larger firm first and they referred me to Ross. Immediately felt at ease with Ross. Took the time to explain to me exactly what to expect and answered any questions I had no matter how simple. He got the maximum settlement he could without going to court. He would have received more but the prior firm made a big mistake that caused him to be at a disadvantage. Not his fault. I would refer anyone to Ross without pause. Thanks Ross.

Shay Lake

I would definitely recommend Ross Moore Law to everyone. I’ve never got in an accident, and it was scary, but they made the process very easy. They are really nice and answered all my questions and concerns. This is a great choice, if you get in an accident.

Jazzy Tru

Ross Moore’s Office is wonderful. The process of negotiating and settling my case was lengthy but worth it. Ross and his team worked diligently to make sure I was taken care of, and I actually ended up with more money from my settlement than I was expecting because Ross and his team wanted more for me personally. I highly recommend the Ross Moore team. They’re professional and do great work!! Really nice people who will go to bat for you! Don’t hesitate to call them.

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ROSS MOORE LAW CASE RESULTS 

$1,000,000

WRONGFUL DEATH

Wrongful death settlement for policy limits.

$725,000.00

WRONGFUL DEATH

A wrongful death policy limits settlement for a pedestrian struck by a police vehicle.

Learn More on Ross Moore Case Results

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BLOG | DISCOVER MORE ON PERSONAL INJURY TOPICS 

Looking for more information about personal injury cases in Georgia? Our Atlanta attorney answers common questions in our latest personal injury blog articles:

• Can a Personal Injury Case be Reopened?
• Gathering Evidence For Your Personal Injury Claim
• How Distracted Driving Contributes to Motorcycle Accidents
• How to Find the Right Atlanta Personal Injury Lawyer
• How Will My Criminal Record Affect My Personal Injury Claim?
• How Will COVID-19 Impact Personal Injury Claims in Georgia?
• Most Dangerous Highways in the Atlanta Area
• The Fundamentals of Personal Injury Law
• The Impact of Social Media on a Personal Injury Claim
• The Tricks of Insurance Adjusters
• The Fundamentals of Personal Injury Law
• Tips for Keeping Your Family Safe on the Atlanta Beltline
• Understanding Policy Limits & Personal Injury Claims in Georgia
• What are the Most Common Types of Personal Injury Claims?
• What Damages Can I Receive In My Personal Injury Case?
• What Defines “Damages” in a Personal Injury Case?
• What is Georgia’s Wrongful Death Statute?
• What Qualifies as Pain and Suffering in Georgia?
• When Can I Sue a Retail Store for a Slip and Fall Accident?
• You Break It, You Buy It: The Purpose of Recovering Damages
• 5 Ways to Maximize Compensation for Your Personal Injury Claim
• 23 Important Terms To Know for Personal Injury Claims

Learn More on Personal Injury Topics

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OUR PRACTICE AREAS 

Catastrophic Injury 

Wrongful Death

Car Accident

Truck Accident

Boating Accident

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MEET YOUR ATTORNEYS

Attorney Ross Moore

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ABOUT ATLANTA, GEORGIA 

Atlanta was founded in 1837, with a rich history featuring many noteworthy events over the decades. Our city has overcome incredible hardship, starting with the rebuilding it endured after being burned to the ground by General Sherman in 1864. The phoenix remains the city’s symbol, representing the people’s strength – and loyalty to the city they love.

Named the Peach State’s capital shortly after in 1868, Atlanta is now the fifth city to earn the title. It wears the title proudly, now home to over half a million residents. Our dynamic city also played a major role in the Civil Rights Movement, with inspiring leaders pursuing progress at all costs. Atlanta continues to embrace diversity, encouraging a unique arts and culture scene. Another claim to fame is Hartsfield-Jackson Atlanta International Airport, “the world’s busiest airport.” Our beautiful city is like none other, and our Atlanta premises liability lawyers couldn’t be prouder to call it home!

TRUSTED RESOURCES IN THE ATLANTA AREA – FULTON COUNTY:

If injured in Atlanta, you’re in good hands. Atlanta, GA offers some of the best medical professionals to support you back to good health. Plus, we offer a diverse legal system and investigators ready to protect you in Fulton County. Plus, their diligence only strengthens your legal case.

Here are some helpful resources for accident injury victims in Atlanta, GA:

Atlanta Hospitals

Children’s Healthcare of Atlanta – Egleston Hospital

1405 Clifton Rd NE, Atlanta, GA 30322

East Point VA Clinic

1513 Cleveland Ave #300, Atlanta, GA 30344

Emory University Hospital Midtown

550 Peachtree St NE, Atlanta, GA 30308

Grady Health System

80 Jesse Hill Jr Dr SE, Atlanta, GA 30303

Northside Hospital Atlanta

1000 Johnson Ferry Rd NE, Atlanta, GA 30342

Piedmont Atlanta

1968 Peachtree Rd NW, Atlanta, GA 30309

Select Specialty Hospital – South Atlanta Medical Center

1170 Cleveland Avenue 4th Floor, Atlanta, East Point, GA 30344

Wellstar Atlanta Medical Center

303 Parkway Dr NE, Atlanta, GA 30312

Wellstar Atlanta Medical Center South

1170 Cleveland Ave, Atlanta, GA 30344

Atlanta Police Stations/Departments

Atlanta Police Department Headquarters

226 Peachtree St, Atlanta, Georgia 30303

Atlanta Police Department Zone 1

2315 Donald Lee Hollowell Pkwy NW, Atlanta, GA 30318

Atlanta Police Department Zone 2

3120 Maple Dr NE #300, Atlanta, GA 30305

Atlanta Police Department Zone 3

880 Cherokee Ave SE, Atlanta, GA 30315

Atlanta Police Department Zone 4

1125 Cascade Cir SW, Atlanta, GA 30311

Atlanta Police Department Zone 5

200 Ted Turner Dr NW, Atlanta, GA 30303

Atlanta Police Department Zone 6

2025 Hosea L Williams Dr NE, Atlanta, GA 30317

Atlanta Courthouses

Atlanta City Court

150 Garnett St SW, Atlanta, GA 30303

Fulton County Civil Court

185 Central Ave SW, Atlanta, GA 30303

Fulton County Courthouse

136 Pryor St SW, Atlanta, GA 30303

Magistrate Court of Fulton County

185 Central Ave SW, Atlanta, GA 30303

Municipal Court of Atlanta

150 Garnett St SW, Atlanta, GA 30303

Supreme Court Clerk

244 Washington St SW UNIT -5, Atlanta, GA 30334

Superior Court

2 M.L.K. Jr Dr SE, Atlanta, GA 30334