Atlanta liability lawyers handle lawsuit cases related to a wide variety of injuries caused by property owners. From store owners, to restaurant owners, to large manufacturing companies, negligence related injuries happen and often require the services of a liability lawyer, if you have sustained an injury because of a property owner’s negligence, contact a liability lawyer in Atlanta, GA, to help you get the compensation you deserve. Liability lawyers handle the following cases:
- Injuries caused by falling merchandise
- Injuries caused by inadequate security
- Injuries caused by inadequate maintenance
- Retail store liability related issues
- Issues related to the negligence of restaurant owners
- Negligent security related issues
- Issues related to inadequate security
Table of Contents
WHAT IS A PREMISES LIABILITY LAWYER
A premises liability lawyer is an attorney that handles lawsuits that pertain to property incurred injuries. The accidents occur on someone else’s property because of a hazardous condition. It could also be caused by negligent security. A premises lawyer makes a case against the property’s condition and tries to prove that the injury was caused because of the property’s unsafe condition.
WHAT IS A PRODUCT LIABILITY LAWYER
A product liability lawyer is an attorney that files a lawsuit on behalf of a victim that experienced an injury because of an unsafe product. The liability lawyer can help the person that suffered the personal injury, to be awarded damages to be paid by the product’s manufacturer, the designer, or the seller. Products that have caused injuries include, toys and other children’s items, tools, car parts (including defective tires, brakes, and airbags, and drugs and medical implants, to name a few.
WHAT DOES A PRODUCT LIABILITY LAWYER DO
As consumers, we expect that the products we use are safe. Unfortunately, some companies choose to put profits before people by selling dangerous items that have the potential to cause harm. If you were hurt in the Atlanta area by a defective product, personal injury lawyer Terrence R. Bethune may be able to help you hold the responsible company accountable. Georgia law allows victims of unsafe products to seek compensation for harm caused by companies that sell dangerous devices.
BRINGING A PRODUCT LIABILITY CLAIM
Injuries from nearly any type of device can be the basis for a product liability lawsuit, including defective drugs, automobile components, and other consumer goods. Georgia law allows people hurt or killed by a defective product to hold the manufacturer, designer, or seller of the item responsible for the injury or death by filing a product liability lawsuit in state court. Unlike some other states, consumers here may allege both strict liability and negligence. This means a defendant may be liable for the victim’s injuries even if the defendant acted reasonably or without fault.
To prove a product liability case, the injured individual must establish several elements:
- A defect of the product;
- A causal connection between the defect and the injury;
- That the product was in the same condition at the time of the injury as it was when it left the defendant’s possession; and
- That the product was being used as intended or in a manner reasonably foreseeable by the defendant.
Georgia law recognizes three types of product defects. These are manufacturing defects, which occur during the production of the product, design defects, which are flaws in the product’s inherent design, and instructional defects or failures to warn, which occur when a product is fully functional but does not include proper instructions or warnings. If any of these defects makes a product unreasonably dangerous, the first element is met.
Causation in a product liability case is substantially the same as in a car accident or other personal injury case that alleges negligence. The defect must be the legal and factual cause of the victim’s harm for the defendant to be liable.
The third element ensures that products have not been made dangerous by an intermediary or the consumer. If someone is hurt by a product that was substantially changed by a third party, such as a retailer, that party, rather than the manufacturer, may be liable for the injuries.
Finally, the consumer must have been using the product either as intended by the manufacturer or in a way that was foreseeable. This means that even if a person was hurt while using a product in a way that was not specifically intended, the defendant may still be liable if the use was foreseeable.
ATLANTA LAWYER KNOWLEDGEABLE IN SLIP AND FALL CLAIMS
Businesses that invite customers onto their property have a duty to protect those people from dangerous conditions. If a retail store owner fails to abide by Georgia law, and someone is hurt as a result, the store owner may be liable to the injured customer. Slip-and-fall attorney Terrence R. Bethune has dedicated his practice to helping Atlanta residents and others who have been harmed by the negligence of other people or entities.
HOLD RETAIL STORES ACCOUNTABLE BY SEEKING COMPENSATION
State premises liability law imposes a high standard of care on property owners who open their stores to the public. Essentially, they must keep their businesses free from dangerous conditions and their customers safe.
An individual injured in a retail store must prove several essential elements:
- There was a dangerous condition on the property;
- The property owner knew or should have known about it;
- The property owner did not fix or warn of the hazard; and
- The dangerous condition caused an injury to the plaintiff, from which actual damages resulted.
A dangerous condition in a retail store might be a slippery floor, precariously arranged merchandise, or even inadequate security in a high-crime area. Anything that might pose an unreasonable risk to customers may constitute a dangerous condition.
If the property owner knew of the hazard, the second element likely is met. It usually is even met if the owner did not know of the condition but merely should have known about it. Because of this high standard of care, property owners must perform a regular inspection of the premises to check for broken handrails, damaged floors, or other dangerous conditions.
An owner who discovers such a situation must take action to fix it. If the hazard cannot be repaired or eliminated, the owner may provide an adequate warning or rope off the area.
For the last element, the plaintiff must establish a causal connection between his or her injury and the dangerous condition. In Georgia, this exists if the hazard was both the cause in fact and the legal cause of the harm. This means the injury must have been a direct and foreseeable consequence of the condition.
If a customer who is hurt in a retail store can prove all of these elements by a preponderance of the evidence, he or she may be entitled to compensation for any physical, emotional, and financial injuries. This may include money to pay for medical bills and lost wages as well as damages to compensate for physical pain and suffering and emotional distress.
DISCUSS YOUR PREMISES LIABILITY CASE WITH AN ATLANTA ATTORNEY
It is clearly established that Georgia property owners must take steps to protect customers from harm. Retail stores near Atlanta are no different. If you were hurt on this type of property, slip and fall lawyer Terrence R. Bethune can help you pursue the compensation to which you may be entitled. To schedule a free case evaluation, call 1-800-INJURED or visit our online contact page. We will take the time to evaluate whether you have a claim and develop a strategy suited to your situation if you do.