You could be eligible to collect compensation by filing a premises liability action against someone else if you incurred injuries and losses on their property. Damages can come in the form of a negotiated settlement or court-ordered monetary award you receive from the liable party after sustaining losses because of their carelessness.
Every case is unique, and there is no standard settlement offer or damage award amount. Schedule a free consultation with a well-practiced lawyer at The Hammers Firm who could help you estimate damages in a Smyrna premises liability case.
Premises liability cases result from landowner or possessor negligence as laws require they keep the property safe for guests and visitors they invite for business or social reasons. Some examples of cases that fall within the statutes include:
Civil laws require owners, managers, or possessors to complete regular inspections and maintenance and fix defects as needed. They must also warn those they invite onto the grounds about the risk until they complete the repair.
The amount and purpose of damages in a premises liability case can vary significantly as the court will listen to evidence from both sides and make a determination after assessing the extent of liability. For example, if someone suffers a catastrophic injury leading to permanent or long-term disabilities, the settlement amount will be more substantial than someone suffering a temporary injury.
The court usually divides the monetary award into two categories. Economic damages cover verifiable, out-of-pocket expenses, while non-economic damages cover non-financial harm. Potentially recoverable damages include:
Civil laws entitle people to monetary damages to remedy the financial and subjective losses they suffer because of negligence. The petitioner must show the court the property owner, manager, or possessor failed to provide them the legal duty of care as required by the statute. An attorney knowledgeable about premises liability case damages in Smyrna could help gather the vital evidence needed to collect a just settlement.
There are three types of property visitors in premises liability laws: invitees, licensees, and trespassers. The invitee and licensee enter properties upon invitation of the landowner, while the trespasser enters without permission.
Invitees enter for business purposes, such as convenience stores or malls, and licensees enter for social purposes, such as gatherings or dinner parties. The landowner is legally obligated to make repairs and prevent both groups from suffering harm. However, they do not have an obligation to trespassers.
Per the instruction of the Official Code of Georgia Annotated § 51-3-1, the person responsible for the land invites or influences guests to enter for business, either by implied or express invitation. When they suffer injuries because the property owner negligently or purposely failed to use reasonable care and keep the property safe, the landowner is responsible for the damages. A lawyer seasoned in Smyrna premises liability case damages could review the specifics and help determine if there is cause for action.
Every state, including Georgia, has civil statutes requiring people responsible for the premises to keep the area safe for those they invite to enter. You have legal rights if you entered a premises for business or social purposes and suffered bodily harm in an avoidable accident.
A settlement or damages award could cover all the medical expenses related to the incident, lost salary, and pain and suffering. Meet with a lawyer experienced with seeking damages in a Smyrna premises liability case for help with your claim.