Every day, millions of people step foot onto property that is not their own. Without thinking about it, they anticipate that the land or building they are entering will safe and free of any danger. Unfortunately, due to the negligence of property owners in keeping their land and buildings safe, some individuals still suffer serious injuries.
If you are one of these people, you may be eligible to make a personal injury claim and recoup your damages. A skilled Cobb County slip and fall accident lawyer could explain your legal rights and options and help you pursue justice.
Georgia Code § 51-3-1 allows injured individuals to file a claim against property owners for damages incurred while on their property. The law differentiates claimants into three distinct categories; invitees, licensees, and trespassers. Each of these claimant types is owed a certain degree of care, and by hiring a lawyer, each could receive compensation for their damages.
A claimant who was invited on the property is an invitee. They could be a customer, an employee, or members of an organization. Georgia law requires that the owner of the property exercise reasonably prudent care in keeping the property safe for the invitee.
A licensee is often a social guest, someone who enters the property for a social reason. If a licensee ventures of the boundaries of their invitation, such as entering roped off areas or areas that are clearly marked, a property owner may not be liable for their injuries should they suffer an accident.
A property owner is mandated by law to keep from wantonly or recklessly, exposing a licensee to danger. In these cases, the licensee must prove that the owner had knowledge of the dangerous condition and did not take steps to make it safe or warn them about the potential for danger.
A person who intentionally or mistakenly enters another’s property without obtaining their implied or expressed permission a trespasser. The property owner has a duty to not willfully or wantonly harm a trespasser but owes them no other obligation.
In addition to proving how the defendant breached their duty of care to the plaintiff, a slip and fall accident lawyer in Cobb County will need to show the jury or judge the damages that the plaintiff suffered damages.
Economic damages may include:
Non-economic damages include:
In certain cases where a defendant is found to be wantonly reckless, a plaintiff may also recover punitive damages, which are meant to discourage future misconduct.
Sustaining an injury in a slip and fall accident on the property of another individual or entity is often quite overwhelming. With the assistance of a well-versed Cobb County slip and fall accident lawyer, you do not have to handle the minutiae of the legal process on your own. Reach out today to schedule a consultation.