Daily life involves all kinds of risks. When you enter a store like Walmart or Home Depot, you risk being hit by boxes falling from unstable shelves high above your head. One day, a late dinner might cause you to leave the restaurant during closing hours while employees mop the floors, causing you to slip and fall. Perhaps an armed robbery happens while you are shopping, causing you or those around you injury or death.
All of these scenarios may be the fault of the owner or manager of the premises, or property, where the injury took place. Maybe the store where the robbery took place did not take the proper security measures. Perhaps the restaurant employees did not put up notices or warnings about slippery floors. It could be that Walmart or Home Depot didn’t follow the government’s safety guidelines when it comes to stocking shelves.
In any of these cases, you should contact a Premises Liability lawyer such as Lamar Law Office in Atlanta, GA. Before you do, you should make sure pursuing a lawsuit is worth it. If your injuries are minor, the cost of the lawsuit may outweigh the damages you receive from the defendant when the case is won.
Should I pursue my Premises Liability lawsuit?
Whether or not you should pursue your premises liability case depends on whether you can prove negligence. This is a common thread that surrounds most Personal Injury law areas. To have a lawsuit, there has to be a guilty party. A lawyer, such as personal injury attorney Anita Lamar, can help you determine whether or not you have a case. That is, whether or not Walmart, Home Depot, or any other manager of a property can be proven to have acted negligently.
Negligence means that the manager of the premises did or neglected to do something that resulted in the injury or death of an invitee. The legal definition of “invitee” is anyone who lawfully uses the premises, or comes on the property, at the express or implied invitation of the person or entity which owns the property or business. In other words, if you’re not trespassing, you’re most likely an invitee.
There was a duty to perform or standard to meet
Typically, the government requires privately held businesses or organizations that are open to the public to meet certain safety standards. Safety codes and ordinances vary based on industry, some industries adhering to stricter laws than others. These codes and ordinances can exist at the city, state, and nationwide levels.
That duty or standard was not met
A lawyer can help you navigate the codes and ordinances relevant to your specific case. However, chances are that if it seems like “corners were cut,” they likely were.
The failure to comply to that duty resulted in the injury of someone else
Accidents happen, but the accident must have caused the injury of someone else to be seen as negligence legally. As mentioned earlier, this person is likely an invitee in most premises liability cases. However, even trespassers have some rights (however, fewer) when it comes to injuries caused by unsafe or hazardous conditions.
The injury caused significant damages
It may be difficult to prove that a skinned knee or small bruise resulted in significant damages such as medical costs. With minor injuries, there might not be any damages. However, broken bones, emotional trauma, or injuries that result in loss of income could be proven in a case to have caused damages to a plaintiff.
If you’ve experienced a situation that you believe meets the above criteria, you should get in touch with a Personal Injury attorney. Attorney Anita Lamar serves those in the greater Atlanta, GA area. More than legal service, we care. Lamar Law Office is a small law firm that sees you as an individual, not just another case. Call us at 877-CARE-404 today.