The carelessness of a landowner or business operator may turn a pleasurable outing or a routine errand into a life-changing catastrophe. Fractures, contusions, lacerations, herniated discs, and even brain trauma may result from a slip and fall accident at a store, restaurant, amusement park, or other place of business. If you have been hurt on someone else’s property and want to talk to a lawyer who will stand up for your rights, an assertive and skillful personal injury attorney at the law firm of Baker & Slider is here to help. Athens premises liability lawyer John Hollis Baker has been representing accident victims for over a decade, and he understands what it takes to hold a property owner accountable for your harm.Asserting Your Rights Through a Premises Liability Lawsuit
The first determination to be made in a premises liability case is the status of the victim. This is because different rules apply, depending upon whether the injured person went onto the property where the accident happened for a business purpose, was a social guest, or was trespassing. Traditionally, the highest duty is owed to invitees, such as people who go into a store to shop, but licensees and even trespassers (especially child trespassers) are also owed at least some duty of care. Depending upon the plaintiff’s status, the defendant may have a duty to warn guests of known dangers, make regular inspections for latent dangers, or engage in periodic maintenance of the premises.
At their core, premises liability cases are based on negligence. In order to prove a claim of negligence, the plaintiff must show that the defendant had a particular duty of care, that the defendant breached the duty, that the plaintiff suffered some type of harm, and that there was a causal link between the defendant’s breach of duty and the plaintiff’s injuries. In slip and fall, trip and fall, negligent security, dog bite, swimming pool accident, and other premises liability cases, a plaintiff must prove that these elements are more likely than not to be true.
Some common defenses in premises liability cases include assumption of the risk, open and obviousness, and comparative negligence by the plaintiff. Under Georgia’s modified comparative negligence law, a plaintiff who was less than 50% at fault for an accident may still recover damages in proportion to the defendant’s percentage of fault. If the plaintiff was 50% or more at fault, however, they may not recover any compensation from the defendant. With regard to damages, a successful plaintiff usually can request compensation for medical expenses, lost wages, pain and suffering, and other costs and losses related to the accident.Contact a Knowledgeable Premises Liability Lawyer in Athens or Beyond
Proving negligence in a premises liability lawsuit requires determination and perseverance. Defendants in these cases use many tactics to avoid liability if possible. This makes it critical to contact an attorney as soon as possible after an accident on someone else’s property so that a proper investigation may be pursued, and all relevant evidence (possibly including photographs, eyewitness statements, and video surveillance footage) may be retained and properly preserved. To schedule a free, confidential case evaluation about your claim, call Athens premises liability lawyer John Hollis Baker at (706) 208-1514 or contact us online. Baker & Slider represents victims in and around Athens, Jefferson, Watkinsville, and Danielsville, as well as other communities in Clarke, Jackson, Madison, Oconee, and surrounding counties. Attorney John Hollis Baker devotes 100% of his legal practice to personal injury and civil litigation. He has been included in Top Verdicts, the Nation’s Top One Percent, and Super Lawyers (“Rising Star”). He also can serve people who need a car accident attorney or assistance with another type of personal injury claim.