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Premises Liability Law

If you are injured on someone else’s property due to their negligence, contact The Mike Hostilo Law Firm today. You may have a premises liability claim – but handling it on your own can be complicated. That’s why it’s crucial to have an experienced liability lawyer on your side.
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What Does “Duty of Care” Mean?

The law defines “duty of care'' as a company’s or business’s obligation to protect its employees and the public from undue risks. For instance, businesses have a duty of care to their employees and the public. While operating their business, they must promote the health, safety, and wellbeing of others. 

Because liability claims can be challenging, it’s best to entrust yours to an experienced premises liability attorney. In addition to legal support, you’ll receive trusted guidance as you pursue the justice you deserve.

If I Am Injured on Someone's Property, Is the Owner Liable for My Injuries?

Simply put, it depends.

Note that a property owner or manager is legally required to keep their premises safe. If they know that there are unsafe areas on the property, it's their responsibility to correct the problems and keep those areas blocked off until they are fixed.

Therefore, if someone is injured on the property due to negligence or carelessness, the owner is liable. However, proving this can be tricky. It requires evidence that your injury resulted from a dangerous condition on their property – and that the owner knew about it or should have known.

The liability lawyers at MIke Hostilo Law firm  can help. We will work to gather the necessary evidence and prove your premises liability claim. But it’s important that you act quickly. If you’ve been injured, contact our premises liability lawyer as soon as possible.

Also, be sure to notify the property owner that you are injured and seeking medical attention immediately. Getting medical attention right away is not only critical for your care, but in documenting that the injury resulted from the accident. The time available for filing a premise liability claim is limited, so there’s no time to waste.

Remember, there’s no guarantee that the owner of the property will be held liable for the accident injury. While many states have laws that protect accident injury victims, others limit the situations in which property owners may be held responsible for an injury. Rest assured that our premises liability lawyers will work tirelessly to see justice done.

Ask A Premise Liability Lawyer: What Factors Are Required for A Legit Premises Liability Claim?

For a liability claim to be brought against a property owner, a trusted premises liability lawyer can help prove that the following occurred:

YOU WERE LEGALLY ON THE PROPERTY

The injured party must be lawfully on the property or, when trespassing, the property owner needs to be aware of the trespass.

UNSAFE AREA

The property owner must have allowed an unsafe condition on their property.

OWNER FAILED TO KEEP AREA SAFE

That unsafe condition must stem from the owner’s failure to address a clear danger. They can also be held liable if the danger was addressed ineffectively or in a way that made the condition worse.

ACCIDENT INJURY HAPPENED DUE TO UNSAFE AREA

The accident injury must be directly related to that unsafe condition.

Who Can Bring a Liability Claim Against a Property Owner?

(You Don't Pay Unless We Win)

The Mike Hostilo Law Firm can manage your premises liability claim, as well as a wide variety of other cases – including car crashes, trucking accidents, and other accident claims. We are here to help! Our team proudly serves accident injury victims throughout Georgia, Alabama, and South Carolina.

In most cases, the plaintiff or accident injury victim in a premises liability claim must be an “invitee” of the property owner. This can include, but is not limited to, several scenarios, such as:

✓ A person performing work at the premises
✓ A customer to a business
✓ A visitor, whether explicitly invited or as a guest of an invitee (who is not exclusively barred from the premises)

When filing a liability claim, a premises liability lawyer is crucial. They bring trusted legal experience and knowledge to the table, helping to manage the complexities of your premises liability case.

When your compensation is on the line, let the liability attorneys at The Mike Hostilo Law Firm put our experience to work for you.

In a Premises Liability Claim, What Is Considered an Unsafe Condition?

Unsafe conditions must be clear to an observer. Such examples might include:

✓ Visible damage to a structure
✓ An unrestrained animal
✓ Dangerous chemicals or fumes
✓ Situations created by a lack of proper security

Keep in mind, the list of unsafe situations that create liability is extensive. However, courts have rejected liability claims related to conditions that, while ultimately unsafe, did not meet the standard. Determining a premises owner’s “duty of care” takes careful analysis and experience – and our premises liability attorneys at The Mike Hostilo Law Firm can provide just that!

Additionally, an unsafe condition created by the actions of a premises employee can also create liability. Generally, the third party is an employee, as opposed to an independent contractor – and the action must be performed in line with how the employer had instructed the employee. For example, if an employer requires that employees clean spills, but fails to train them in how to put out a sign warning of the freshly washed area, someone slipping on that surface could attempt to hold the premise liable.

As one legal expert for Baylor University Medical Center noted, business owners have a duty to ensure employees are properly supervised and that “problem” employees are not retained. He notes, however, that nothing can “absolutely” prevent a lawsuit against a property.

What Constitutes Negligence by a Property Owner in Premises Liability Claim?

In short, negligence stems from a premises owner’s failure to warn invitees of unsafe conditions – or to prevent them.

An example is a “Beware of Dog” sign in front of a fence that separates the dog from trespassers. The property owner would be liable for the trespasser’s dog bite if they didn’t have a sign in place.

However, a property owner who addresses an unsafe condition can still be found liable if the effort proves insufficient. An improperly repaired stair rail that breaks, for example, creates a more dangerous situation than the original broken rail because the user would believe it's safe. In this example, however, the injured party must be able to show that the rail was improperly fixed, and that the property owner knew the rail was incapable of holding a typical person’s weight.

There are exceptions to this level of liability. In the state of Georgia, for instance, the law protects premise owners from liability when the invitee is on the property for “recreational” purposes. This applies even if an injury occurs because of the property owner’s negligence.

Because the laws governing premises liability are very intricate, it’s important to have  an  Contact property liability lawyer on your side.

Ask A Premises Liability Lawyer: Most Common Premises Liability Injury Are Slips and Falls

Slips and falls accidents  are the most common liability claims made against property owners.

The National Floor Safety Institute further estimates that “slip and fall” cases account for over one million emergency room visits per year, or approximately 12%. Among adults over 65, slips and falls are the second highest cause of injury-related deaths, according to research cited by the National Library of Medicine of the National Institutes of Health.

As the name implies, these are accident injuries caused when a person falls because of slippery or uneven walking surfaces. Slips and falls lawyer  cost an estimated $50 billion in medical costs in 2015, according to the U.S. Centers for Disease Control (CDC).

As with most cases, holding a premises owner accountable in a “slip and fall” claim can be difficult. What seems like a straightforward case can become complicated very quickly.

Other injuries that commonly result in premises liability claims include:

✓ Swimming pool accidents
✓ Bites from dogs or other animals
✓ Injuries from premises-owned equipment, such as playgrounds
✓ Injuries from partial structure collapse

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Premises Liability Cases - Frequently Asked Questions

Common premises liability cases include slip and fall accidents, inadequate security leading to assaults, injuries caused by dangerous conditions, dog bites, and injuries in swimming pools, among others. These cases generally involve injuries occurring on someone else's property due to negligence.
It's highly advised to consult a premises liability lawyer for such cases. An experienced attorney can help you navigate the legal complexities, assess your case, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
Do not accept a settlement offer without first consulting with your Atlanta personal injury attorney. Many injury victims hastily accept a payout from the insurance company, settling for much less than they deserve. Our Georgia lawyers know how much your case is worth and can help ensure you don’t accept anything less.
To prove negligence, you generally need to establish that the property owner or occupier owed you a duty of care, breached that duty, and that breach directly caused your injuries. This often involves demonstrating that they knew or should have known about the dangerous condition and failed to address it.
Property owners are generally responsible for maintaining their premises in a reasonably safe condition, providing adequate warnings of known hazards, and taking steps to prevent foreseeable accidents. The specific duties may vary by jurisdiction and the type of property.
Most premises liability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. They typically receive a percentage of the settlement or award. This arrangement allows injured parties to access legal representation without upfront costs.
Damages in a premises liability lawsuit may include medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages if the property owner's conduct was particularly egregious. Your specific case will determine the recoverable damages.
Essential evidence may include photographs of the accident scene, witness statements, medical records, maintenance logs, and any communication with the property owner or their insurance company. Your attorney will guide you in collecting and preserving relevant evidence.
Yes, you can sue for injuries sustained in a public place if the property owner or responsible entity was negligent in maintaining safe conditions. Public places are not exempt from premises liability laws.
The statute of limitations varies by jurisdiction but is typically within two to three years from the date of the injury. It's essential to consult an attorney promptly to ensure you file within the applicable time frame.
It's wise to consult with your attorney before accepting any settlement offers. Insurance companies may offer less than you deserve. Your lawyer can evaluate the offer and negotiate on your behalf to ensure you receive fair compensation.
While both handle personal injury cases, premises liability lawyers specifically focus on injuries occurring on someone else's property due to negligence. Personal injury lawyers may handle a broader range of injury cases, including those resulting from car accidents, medical malpractice, etc.
After an accident, gather evidence such as photographs, witness information, and any incident reports. Seek medical treatment immediately and follow up with any prescribed care. Consult an attorney for guidance on preserving evidence and documenting your case.
Yes, you may still pursue a premises liability claim even if you were partially at fault, depending on your jurisdiction's comparative negligence laws. However, your recovery may be reduced proportionally to your degree of fault. Consulting an attorney is crucial to assess your specific case.

Wondering if You Were Owed Money From Your Accident?

Are you unsure if you have a case or not? Even if the insurance companies tell you you don’t have a case, if we think that you do, we will fight to make sure you have medical attention and the compensation you deserve.

Our record of results is proof that we’ve fought and won cases that the insurance companies tried to dismiss. Fill out this two-minute form for a free case evaluation. 
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*"Contingent attorneys” "No fee unless you win or collect" and "You only pay us if we win your personal injury claim" fees refer only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Any result the lawyer or law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

Mike Hostilo is not licensed to practice law in South Carolina.
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