Articles Posted in Premises Liability

The medical bills and other economic losses associated with older adult falls total over $50 billion per year. Medicare and most private health insurance cover some of, but not all of, these costs. Therefore, many older fall victims could be financially responsible for medical bills they cannot pay. Even if a public or private insurance company covers all these costs, other people pay the price in the form of higher taxes and higher premiums. There is no reason you and I should pay for an injury that someone else negligently caused. 

Liability issues in fall injury claims are even more complex than these financial issues. Generally, landowners have a duty of care to provide safe environments that are free from fall injury hazards. This duty only applies if the nursing home owner, or another property owner, knew, or should have known, about the hazard.

All these complex issues mean that only the most experienced Marietta personal injury lawyer should handle an older adult fall injury claim. Attorneys not only deal with the issues in the case. They also immediately connect victims with the medical help they need. The injuries listed below are often difficult to diagnose and treat. They require a special doctor’s special attention. The first available ER doctor, or the cut-rate doctor an insurance company adjuster approves, simply will not do.

Every year, serious fall injuries send over eight million Americans to hospital emergency rooms. The physical injuries these victims sustain are just the beginning. Falls usually cause emotional injuries, as well, especially if the victim is over 65. Many of these individuals are so afraid of falling again that they cease most physical activity. Generally, the physical and emotional injuries are permanent, at least to an extent. 

Despite the image that TV commercials portray, insurance companies care nothing about these severe injuries. Instead, they hire lawyers who look for ways to reduce or deny compensation to victims. A Marietta personal injury attorney takes the opposite view in pretty much every way. Lawyers quickly connect victims with high-quality doctors. Then, when the case goes to court, an attorney fights for the compensation you need and deserve.

Duty of Care

Every year, small and large supermarkets pay over $450 million to resolve indoor and outdoor slip-and-fall claims. These falls cause physical and emotional injuries. Physically, these victims sustain head injuries, broken bones, and other such wounds that often never heal, or at least never entirely heal. The same is true for the depression that many falls cause. Psychologically, many fall victims are so afraid of falling again that they essentially become prisoners in their own homes. The withdrawal often leads to deep depression and Post Traumatic Stress Disorder. 

These injuries are difficult to diagnose and treat. Furthermore, these claims are legally complex. A Marietta personal injury attorney helps on both fronts. Lawyers connect victims with top-notch doctors who, in many cases, don’t charge anything upfront. Later, when the case goes to court, an attorney is committed to maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Legal Issues 

Frequently, a fall puts a person in a nursing home, and a subsequent fall keeps the person there longer than expected. Falls account for 40%of nursing home admissions, and 60% of residents fall at the facility. 

Understaffing and overcrowding contribute to many of these incidents. Groundskeeping and other such maintenance areas are often the first things to get cut when nursing homes have trouble hiring workers. Additionally, since the elderly population is expanding so rapidly, many facilities are almost constantly under construction. Construction zones are hazardous for older adults.

Falls normally cause very serious injuries. A Marietta personal injury attorney can obtain the compensation these victims need and deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

If you were ever injured on the property of another, you may have considered filing a personal injury lawsuit to hold the property owner liable for your injuries. The following article will provide some helpful information you should know regarding whether property owners are liable for injuries sustained by others on their property.

What is Premises Liability?

Premises liability is a legal concept, based in personal injury law, which alleges that an injury a person sustained resulted from a defective condition on the premises of another (for example, a store owner, landlord, etc.). Regarding slip and fall accidents, the person injured is alleging that she slipped and fell and suffered resulting injuries due to a defective condition (such as wet floors, unsecured rugs, or loose steps).

In some cases, property owners can be held liable for injuries that occur to people on their property. Under the “attractive nuisance” doctrine, a property owner can be held responsible if a child is injured on the owner’s property due to some type of artificial condition located on the property that is particularly appealing to children. The following will provide more information about the attractive nuisance doctrine.  

What is the “attractive nuisance” doctrine?

The “attractive nuisance” doctrine states that property owners may be liable for injuries to children who trespass on their land if the injury results from a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the specific risk posed by the object or condition.

Swimming pool injuries happen frequently and can cause serious damage, especially to children. The following article will provide some helpful tips for preventing swimming pool injuries.

Swimming Pool Injury Statistics

The following section includes some notable statistics regarding swimming pool injuries:

If you were recently injured by a dog in the state of Georgia and you plan to file a personal injury lawsuit against the owner, you should first make sure that you are aware of some potential defenses that the owner may choose to bring up in court.

Georgia’s Dog Bite Liability Statute

Georgia statute O.C.G.A. § 51-2-7 outlines the state’s law on dog bite liability. This statute is based on the concept of strict liability. Strict liability holds a defendant liable for committing specific actions, regardless of what his intent or mental state was when he committed the action. This statute holds that a dog owner is not strictly liable for injuries his dog causes unless:

In Georgia, property owners can be liable for injuries to people entering their premises. This is because property owners owe a duty to entrants to ensure that their premises are safe. This duty to keep entrants safe on the premises also extends to protecting entrants from the criminal conduct of third parties on the premises. The following will explore the concept of negligent security in Georgia.

What is Negligent Security?

Property owners have a duty to protect people who enter their premises from the criminal conduct of third parties on the premises. The term “negligent security” is used to describe a situation in which a property owner fails to take the appropriate security measures to ensure that entrants are protected from the criminal actions of third parties.

Slip and fall accidents currently account for over 1 million hospital visits. If you are injured in a slip and fall accident in Georgia, there are some things you should understand about the state’s laws regarding slip and fall accidents before you decide whether to file a personal injury claim.

You Have to File Your Claim Within Two Years

According to Georgia Code, an individual has two years from the date of the slip and fall accident to file a personal injury claim. This also applies to all other personal injury claims in the state of Georgia.

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