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Sutton Milam & Fanning, PLLC

Premises Liability

Premises liability is the legal concept stating that property owners have a responsibility towards those who visit their property to ensure that there are no unreasonable hazards or dangers which may cause them harm. If a visitor is injured by a hazard that the property owner was aware of or could have easily eliminated, such as a slick floor or a wire carelessly thrown across a path, the victim of the accident may have grounds to place a premises liability claim against the property owner. Under premises liability, the victim could receive compensation for the injuries they sustained as a result of the tripping and falling accident.

The more severe the injuries in the accident, the greater the damages that may be awarded in the premises liability case. This is why it is important to show that the hazard which caused the incident was in fact the direct cause of the injury. One important factor in proving this would be if the it was necessary for the victim to be brought to the hospital by an ambulance after the incident. Ambulance rides may be expensive, but they do the victim the favor of creating clear documentation of where the injury occurred and just how badly they were hurt. In the law, if it wasn't documented then it may as well have not happened, so an ambulance ride can be an immense help when building a strong premises liability case. The cost of the ambulance ride will also be added to damages, and reflected in the compensation awarded if the case is successful.

It is important to note that there is an expectation for the victim to not have acted carelessly when their accident occurred. Using a slip and fall accident as an example, if the slick area was clearly marked by the property owner and the victim disregarded the warnings, they will have a hard time proving that the owner was negligent.

When preparing a premises liability case, it is crucial to enlist the assistance of an experienced personal injury attorney Atlanta GA trusts. Every single case is unique, and a skilled lawyer will be able to fully explain how the factors involved may make or break it and build a powerful legal argument. After an accident, it should be the role of the victim to mend and heal, not stress over their medical bills and a complicated legal action. If a person's injuries were caused by the negligence of someone else, it should always fall on the person responsible to pay for the damage.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into premise liability.

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Sutton Milam & Fanning, PLLC
1521 Austin Ave.
Waco, TX 76701

Phone: 254-633-3048
Fax: 254-752-9938
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