Premises Liability

The legal team at Ashenden & Associates, P.C., has represented the victims of property owner’s negligence for more than 30 years. Premises liability law asserts that property owners, including owners of stores, malls, private residences, office spaces, and parks, have the responsibility and obligation to assure that their property is clear of dangers that could cause injuries or accidents.

Ashenden & Associates, P.C., a personal injury law firm based in Atlanta, Georgia, is very experienced in handling local premises liability cases to get victims the full compensation they deserve. Injuries sustained in a premises liability case can be debilitating, preventing victims from returning to work or causing other serious hardships.

Read below to learn more about premises liability cases, or schedule a free consultation today about a potential premises liability lawsuit.

Who Does Premises Liability Law Protect?

Premises liability law protects almost anyone who enters a property that does not belong to them – even trespassers in some cases.

The owner of a property must protect invitees, licensees, and trespassers – with varying guidelines as they pertain to each.

  • Invitees or guests: This group of friends, family, and neighbors, or customers are the most protected under premises liability. It is believed that fair warning, if not full safety coverage, should be offered regarding any unsafe conditions.
  • Licensees: Those who access property for their own purposes, like workers or salesmen, are classified as licensees. The owner of the property is usually somewhat less liable for injury; however, the distinction between invitees and licensees rights vary state-to-state.
  • Trespassers: Any person or persons who enter a property without consent or authorization are known as trespassers under the law. Trespassers usually enter at their own risk. The owner of the property has not implied that the property is safe or maintained; however, sometimes owners can be held liable if they have knowingly created unsafe conditions.
  • Children: Any children who trespass have more rights than adults. For instance, a child who wanders into a pool due to lack of required fencing will not be at fault.

Any of these types of people can be injured due to various circumstances or events on a property. Premises liability covers accidents like:

Injuries or Attacks on Properties

Property owners are required to keep their premises in a reasonably safe condition, or warn people who they know will be on the property. Warnings are required to be given about any dangerous conditions that are known or should have been known to the landowner. Premises liability law controls cases involving an injury or death resulting from a property owner’s negligence.

Types of accidents include:

  • Swimming and diving accidents
  • Slips and falls
  • Animal attacks
  • Defective property causing injury
  • Exposure to toxic fumes

Negligent or Inadequate Property Security

Apartment complexes, hotels, and office buildings have all seen an increase in criminal activity on their premises due to inadequate property security. Our track record at Ashenden & Associates, P.C., in Atlanta of holding property and landowners liable for such injuries caused by third-party criminals has resulted in major recoveries for many of our clients. Our firm represents only individuals who have been injured in a criminal assault, battery or rape due to avoidable harm – not the owners, managers or landlords.

Proving a Property Owner’s Negligence

Usually, if someone is injured on another person’s property, a lawsuit can be filed against the property owner. But it must be proven that the injury was caused due to the owner’s negligence in relation to his or her property.

It must be established:

  • The property contained dangerous conditions
  • The property owner knew, or should have known, about the hazardous condition of their property
  • The property owner did not fix the condition or provide correct and fair warning about the hazard

Next Steps Following a Premises Liability Accident

If you have been hurt on someone else’s property and believe the owner is liable, promptly seek medical attention. Seeking medical attention will provide records and documentation for a court and will usually help avoid conditions from developing later as a result of your injury.

Additionally, try to photograph or video the scene of the accident, obtain accident reports, and get witnesses’ contact information.

The lawyers at Ashenden & Associates, P.C. can help with the entire legal process, so you can focus on your recovery. Aside from your pain and suffering, you may acquire medical bills, wage losses, and other monetary damages. Negligent property owners should be held accountable for these costs.

Contact Ashenden & Associates, P.C. in Atlanta, Georgia

The legal team at Ashenden & Associates, P.C., in Atlanta, Georgia, is experienced in premises liability and is available to help you and your family. We work closely with our clients to serve their best interests. Focus on your recovery, or that of your loved one, and let our experienced lawyers handle the legal proceedings.

Call our law office at (770) 394-8909 or fill out an online form to schedule your free premises liability consultation.

 

 
Click for live chat!