Weaver Law Injury Attorneys helps anyone that’s been injured in an accident in Cumming. No matter where you go in the city, you could be the victim of an accident that’s caused by hazardous conditions on a property. Whether it’s a store or someone’s home, this could leave you or someone you care about with pretty significant injuries and losses. Our team can guide you through the claims process and help you get better. Contact us today for a free consultation to learn more.
Why Would You Need a Lawyer?
When you’re hurt on a property, you probably have a lot of questions. And while you might not need a lawyer if your injuries are minor, you still have legal options. But the situation can be pretty confusing, with proving fault and going through insurance claims being more challenging than expected. That’s why you might need a lawyer’s help. Here’s how our team can help you in this situation:
- Investigating the accident to figure out what happened and who’s responsible.
- Gathering important evidence like incident reports and surveillance footage.
- Explaining your legal rights and options.
- Negotiating with insurance companies for a fair settlement.
- If a fair settlement isn’t possible through insurance, we’ll help you file a lawsuit.
In Cumming, property owners have a legal responsibility to keep their whole property safe while you’re there. If there’s negligence, it can cause serious injuries and other losses that you and your family have to then deal with. Our team is here to help you through the process and make things easier.
Where Do Premises Liability Accidents Happen in Cumming?
When you step onto a property in Cumming, you have certain legal protections. Like any situation, you can file a claim when you’re hurt because of someone’s negligence. This is the focal point of Georgia’s “premises liability” laws: anyone that owns or runs a property–whether it’s a store or private home–is legally required to keep it safe. At the same time, though, it’s also smart to stay aware of your surroundings and report any dangers you see. Even with that, you still might find yourself injured. So, here’s where premises liability accidents usually happen in the city:
- Sidewalks and public areas
- Local parks and recreation areas
- Workplaces
- Private homes and apartment complexes
- Short-term rentals like Airbnb or Vrbo
- Grocery stores and shopping centers
- Restaurants and bars
- Schools and daycare centers
- Churches and community centers
Each place has its own risks—like wet floors, uneven sidewalks, or bad lighting. If a property owner doesn’t fix these problems and someone gets hurt, they could be held responsible. Some injuries might be small, but others can be serious and need surgery or long-term care. That’s why it’s important to know your legal options—they can help you stay on track physically and financially.
What Damages Can You Recover After a Premises Liability Accident?
When you’re hurt because of unsafe property conditions in Cumming, Georgia law gives you the right to file an injury claim and recover damages, just like you would if you were in a car accident or something similar. These damages are meant to help you recover both physically and financially.
And like any other accident, there’s two main ways that you can file your claim:
- Filing an insurance claim
- Filing a personal injury lawsuit
Which option is best for you depends on how serious your injuries are and how strong your case is. If your claim is successful, though, you may be able to recover things like:
- Medical expenses – This covers the cost of any treatment you need, like doctor visits, hospital stays, medicine, or physical therapy. It also includes future care if you’re still healing.
- Lost income – This covers the income you missed out on if you couldn’t work because of your injury. It can also help if your injury affects your ability to earn in the future.
- Property damage – This covers things that got damaged during the accident–like your phone, glasses, or anything else you had with you when you got hurt.
- Pain and suffering – This covers the physical pain or discomfort you’ve had to deal with because of your injury, even after the bills are paid.
- Emotional distress – This covers the emotional side of things–like stress, anxiety, fear, or trouble sleeping–after the accident.
- Reduced quality of life – This covers the ways your injury has changed your daily life. If you can’t enjoy your usual activities or live the way you used to, you will get damages relating to this reduced quality of life.
Every case is different, so the outcome depends on the details of what actually happened. The process can also take time, but acting fast is key. Georgia has a two-year statute of limitations for premises liability claims, so if you wait too long, you could lose the chance to recover any financial support.
Who Pays For My Damages in a Premises Liability Claim?
You might think that the legal responsibility–or liability–of paying for your damages in a premises liability claim is pretty straightforward given that property owners and management are the ones that are required to keep you safe by law.
However, while they’re usually at-fault, it’s not always that straightforward. Even in a premises liability claim, you still have to show negligence. This means showing that:
- The owner had a duty to keep the property safe for visitors
- They knew–or should have known–about the hazard through inspections or reports
- They failed to fix the problem or warn you about it
- That failure caused your accident and injury
This is the key to a strong premises liability claim. Liability tells you who is responsible—and who has to pay for your damages. But again, liability doesn’t always land on just the property owner or management, it might also fall on:
- Tenants or someone that controls the property you’re on at the time.
- Security or maintenance
- Event organizers or vendors
- Construction companies or contractors
Basically, it all comes down to the specifics of what happened and what caused your particular accident. From there, though,you’re going to have to take certain steps to protect and strengthen your potential claim.
What Do You Need to Do After a Premises Liability Accident?
Obviously, premises liability accidents cover a pretty wide range of incidents. It could be a slip-and-fall at a store that didn’t clean up a spill, tripping on a piece of sidewalk that the city hasn’t fixed, or getting bitten by a dog at a friend’s house. Once you’re hurt, though, it’s all about taking the right steps to get the evidence and information you’re going to need for a claim. Here’s what you need to do:
- Report the accident – This is one of the most important steps. You have to tell the property owner or manager about what happened so they’re made aware of the hazard. From there, it’s on them to document it and fix it.
- Document everything – Take pictures of where the accident happened, any dangerous conditions, and your injuries. Try to get contact information from any witnesses too.
- Be careful with statements – Don’t admit fault or downplay your injury when talking to insurance companies or anyone else. Just stick to the facts about what happened.
- Get medical care – This covers your health. Call 911 or see a doctor, even if you think your injuries are minor. Medical records help show your injuries came from the accident.
Remember, your actions–or inaction–can also come into play. If you’re partially at-fault, your damages might be reduced. Generally, though, as long as you pay attention to your surroundings and inform the owner or management of the property about potential hazards, taking these steps will form a solid foundation for your potential claim.
Frequently Asked Questions
What if I don’t know who owns the property?
Even if you don’t know the exact owner, the person or company managing the property can still be held responsible for your injuries, especially if they’re the ones that didn’t fix the potential hazard.
Can I still file a claim if I was somewhere I wasn’t supposed to be?
Yes, but if you were in a restricted area, like a staff-only section, the property owner generally doesn’t owe you the same duty of care. You can still file a claim, but your case might not be as strong as it would be if you’re hurt in an area where you’re supposed to be.
What are some common premises liability accidents in Cumming?
In Cumming, common premises liability cases include slip and fall accidents, dog bites, pool accidents, injuries from poor security, and accidents caused by unsafe conditions like broken stairs or wet floors.
Get a Free Consultation After a Premises Liability Accident in Cumming
Dealing with an injury caused by someone else’s negligence is always stressful–but you don’t have to go through it alone. Our Cumming premises liability lawyers at Weaver Law Injury Attorneys are here to help you understand your rights and get the support you need. Contact us today for a free consultation to get started.
