Augusta Premises Liability Lawyer

Your Rights After a Premises Liability Injury in Georgia and South Carolina

Property owners have a legal obligation to maintain safe conditions for visitors. When they fail in this duty and you get hurt, personal injury law protects your right to seek compensation for the damages you’ve suffered.

In Georgia and South Carolina, premises liability victims can pursue recovery for several types of damages. Medical expenses often represent the most immediate concern. These include:

• Emergency room visits
• Hospital stays
• Surgeries
• Physical therapy
• Prescription medications
• Ongoing treatments

You’re also entitled to compensation for lost wages if your injuries have kept you out of work. This includes future earning capacity if the accident has permanently affected your ability to work.

Premises liability accidents also cause real pain and suffering that impacts your quality of life. Georgia and South Carolina law recognize these non-economic damages:

• Physical pain
• Emotional distress
• Loss of enjoyment of life
• Lasting psychological impact from your injuries

Your rights to compensation don’t change based on where the accident happened or your reason for being on the property. Our skilled personal injury attorneys will protect your legal rights throughout the claims process.

We’ve seen too many property owners and their insurance companies try to shift blame onto victims or downplay the severity of legitimate injuries. We won’t let that happen on our watch.

Do I Have a Premises Liability Claim?

Not every accident on someone else’s property leads to a valid legal claim. Premises liability cases hinge on proof of specific legal elements to establish the property owner’s liability:

Establishing Negligence

At the heart of any premises liability claim is the question of negligence. You’ll need to show that the property owner failed to maintain reasonably safe conditions or failed to warn you about known dangers (or dangers they should know about). Property owners don’t have to guarantee your safety, but they do have a duty to act as a reasonable property owner would under similar circumstances.

Dangerous Conditions Existed

The hazard that caused your injury must have been objectively dangerous. This could be anything from a wet floor without warning signs to broken handrails. Inadequate lighting in stairwells, uneven flooring, or changes in pavement or sidewalk elevations that aren’t marked.

Knowledge of the Hazard

One of the most critical elements is proving the property owner knew or should have known about the dangerous condition. A hazard that exists long enough for a reasonable property owner to discover it through regular inspections may establish ‘constructive knowledge.’

This is where an experienced premises liability lawyer is invaluable. We know how to investigate property maintenance records, review surveillance footage, and engage experts to investigate properties. By interviewing witnesses, we build a compelling case demonstrating the owner’s knowledge of the hazardous condition.

Lawful Presence on the Property

Georgia and South Carolina premises liability law considers your reason for being on the property. Generally, property owners owe business invitees the highest duty of care. These are people invited onto the property for business-related purposes. But even if you were trespassing, you may still have valid legal options depending on the circumstances.

M. Austin Jackson Injury Lawyers can review your scenario to determine the strength of your claim.

Do I Need an Attorney After My Accident?

Property owners and their insurance carriers have resources. Their experienced legal teams investigate every angle to reduce or eliminate their liability. They might argue the hazard was obvious or that you weren’t paying attention. They may also claim you were partially responsible for your own injuries. In Georgia, if you’re found to be 50% or more at fault, you can’t recover any compensation.

An experienced attorney levels the playing field. We know how to counter these defense tactics because we’ve seen them in action. We’ll gather the evidence needed to prove your case. This includes:

• Incident reports
• Maintenance records
• Witness statements
• Expert testimony (when necessary)

Our firm handles all communications with insurance adjusters, so you don’t have to worry about saying something they can use against you later.

We’ll also properly value your claim. Property owners’ insurance companies often extend early settlement offers that sound significant. But they fall far short of covering your actual damages. Our skilled premises liability attorneys have the experience to calculate the full extent of your losses. We negotiate for compensation that truly reflects the harm you’ve suffered.

What to Do After Getting Injured

The steps you take after a premises liability accident can impact your ability to recover compensation later on. Follow these steps after your accident:

• Get medical attention right away: Even if your injuries seem minor, get checked out by a medical professional. Some serious injuries don’t show symptoms immediately. Delaying treatment can both worsen your condition and give insurance companies ammunition to use against your claim.
• Document everything: If you’re able, take photos of the hazardous condition that caused your fall or injury. Capture the scene from multiple angles. Include any warning signs, lighting conditions, and the surrounding area. Take photos of your injuries as well.
• Identify witnesses: Anyone who saw your accident happen could provide crucial testimony. The same goes for anyone who observed the dangerous condition beforehand. Get names and contact information from witnesses while they’re still present.
• Report the incident: Notify the property owner, manager, or an employee about your accident as soon as possible. Many businesses have formal incident reporting procedures. Insist on filling out an incident report and get a copy for your records.
• Contact an experienced attorney: Before you give any statements to the property owner’s insurance company, call us. We’ll ensure you don’t make statements that could jeopardize your claim later.

Common Premises Liability Injuries

Premises liability accidents cause a wide range of injuries, from minor bruises to life-altering trauma, or even death. Depending on the nature of the hazard and the accident’s circumstances, the injury can vary in type and severity.

Slip and fall accidents often result in fractures and broken bones. This includes wrist fractures from trying to catch yourself during a fall. Hip fractures in older adults and ankle injuries from uneven surfaces are also common. These injuries often require surgery, extended rehabilitation, and time away from work.

Head injuries are some of the most serious consequences of premises liability accidents. When you fall and strike your head on a hard surface, you risk traumatic brain injury (TBI). TBI can have lasting cognitive, emotional, and physical effects.

Spinal cord injuries can occur when falls happen from heights or involve significant impact. These devastating injuries may result in partial or complete paralysis. They change every aspect of your life and need extensive ongoing medical care.

Sometimes the full extent of your injuries isn’t immediately clear. That’s why it’s critical to continue with all recommended medical treatments. Keep detailed records of your symptoms, doctor visits, and how the injuries affect your daily life.

Dealing with the Insurance Company After a Premises Liability Accident

Shortly after your accident, you’ll likely hear from the property owner’s insurance company. The adjuster may seem friendly and concerned about your well-being, but insurance companies are businesses focused on protecting their bottom line, not yours.

Here are some tips for interacting with adjusters following your accident:

• Don’t give recorded statements. Adjusters ask questions designed to elicit certain responses. These responses cast doubt on your version of events or the severity of your injuries. Politely decline to give any recorded statements until you’ve spoken with an attorney.
• Reject early settlement offers. Initial offers are almost always lowball amounts that don’t account for the full extent of your injuries. Once you accept a settlement and sign a release, you give up your right to seek more compensation later.
• Let us handle the communications. Once you start working with M. Austin Jackson Injury Lawyers, we’ll take over all communications with the insurance company. This protects you from their tactics and ensures you don’t say or agree to anything without giving informed consent.

Types of Premises Liability Cases We Handle

M. Austin Jackson Injury Lawyers has extensive experience with the full range of property-related injury cases, including:

• Slip and fall accidents: Wet floors, spilled substances, ice and snow, uneven flooring, or torn carpeting cause many slip and fall injuries. We’ve handled cases involving grocery stores, retail stores, restaurants, shopping malls, and parking lots.
• Stairway and deck accidents: Broken handrails, uneven steps, inadequate lighting, and structural defects in stairs or decks cause serious falls. These cases often involve apartment buildings, hotels, and commercial properties where owners neglect to perform maintenance. We have handled many cases in this arena, but a notable one was when a second-story deck collapsed off the side of an apartment during a birthday party, injuring eight people.
• Swimming pool accidents: Property owners must secure pools with proper fencing, functioning gates, and adequate supervision. We represent victims of drowning incidents, near-drownings, and diving accidents caused by property owner negligence.
• Retail store injuries: Falling merchandise, cluttered aisles, and spills that aren’t promptly cleaned are all common problems. We’ve represented clients injured at big-box stores, supermarkets, and local businesses throughout Georgia and South Carolina.
• Restaurant accidents: Spills in dining areas, hazards in restrooms, hot surfaces, and kitchen-related injuries all fall under premises liability. One notable case we resolved involved a restaurant employee walking backwards and collided with our client, whose fall resulted in broken bones.
• Negligent maintenance: This includes everything from potholes in parking lots to broken fixtures. Exposed wiring, plumbing leaks, and structural defects also fall into this category.