Savannah Premises Liability Lawyer

caution sign indicating a slippery floorWhen an accident occurs, it can make you feel helpless, frustrated and hurt. We understand that you’re in pain, but your injury could have been prevented if those that promised a safe environment were able to be trusted.

When you choose Farah & Farah, our expert team of attorneys will make sure that someone else’s negligence doesn’t cost you. Our Savannah premises liability lawyers can help you recover from the personal injury you sustained, and seek financial compensation to pay your bills, replace lost income and get your life back on track.

We offer a free consultation, so call us today at (877) 245-6707. 

What to Expect from Our Savannah Premises Liability Attorneys

At Farah & Farah, our attorneys will handle every aspect of your case, so you and your family can focus on getting healthy again. We will:

  • Find doctors who can treat and document your injuries.
  • Handle stacks of confusing paperwork from insurance companies.
  • Fight for the maximum possible verdict or settlement.
  • Treat you with dignity, respect, and compassion – no matter how big or small your case is.

Why is a Premises Liability Lawyer Necessary?

With Farah & Farah, our team of attorneys helps you fight for the maximum financial return for your claim. We invest in your case and work on a contingency fee basis. Therefore, you have no initial costs, no risk, and we only collect legal fees if we successfully win your case. It means that we only get paid when you get paid.

We’ll take on all of the expenses throughout your premises liability claim. We’re here to support you while you focus on recovering and rehabilitating from the injuries you sustained.

Common Injuries in a Premises Liability Case

When property owners fail to keep their property free from hazards, the consequences for visitors can be dangerous. Slippery floors, lack of handrails, or inadequate security can have a major impact on your safety. Common injuries from these poor conditions include:

  • Head injuries including concussions, skull fractures and traumatic brain injuries (TBI)
  • Back and neck injuries such as slipped discs, spinal cord damage, and paralysis
  • Torn ligaments and muscle strains
  • Broken and dislocated bones
  • Lacerations or animal bites
  • Electrocution, drowning, or serious burns
  • Infections and food-borne illnesses

Residential homeowners are responsible for their properties, but business owners have an even higher standard of care owed to their customer. You’re entitled to safety and care when a business invites you into their establishment.

Who is liable for my injuries after a slip and fall accident?

One of the most important aspects of a slip and fall case is determining who is liable. This is a vital part of being able to seek the compensation you are entitled to. However, establishing liability is not always easy. In fact, there is a tendency to blame the victim who was injured for their own injuries after a premises liability incident.

Property owners owe differing standards of care to those on their property, depending on the relationship of the visitor to the property owner. This depends on whether the person is an invitee, a licensee, or a trespasser.

  •       Invitee: this is anyone with an expressed or implied invitation to be on the property. This could include customers at a store. Property owners owe the highest standards of care to invitees and must ensure their reasonable care and safety. Property owners must warn invitees of existing conditions and protect them from dangers they may not know about.
  •       Licensees: this includes anyone who has the privilege to enter a property by the owner’s consent. This could include door-to-door salespersons and social guests. The property owner owes fewer duties of care to these parties and must warn them of dangers they may not realize. The licensee can accept or deny the risks involved and will assume any risks by entering the property.
  •       Trespassers: In most cases, a property owner owes no duty of care to a trespasser. However, if the trespasser was a child and the landowner did not take reasonable care to protect the trespasser from danger, they could be held liable. This includes what are called “attractive nuisances” such as swimming pools, trampolines, and hot tubs.

If a property owner fails to provide the adequate standard of care, they could be held liable for slip and fall injuries. Many people wonder if individual employees can be held liable if their actions were responsible for the slip and fall or premises liability incident. In most cases, the employee is under the responsibility of the property/business owner. While the employee may be named in the lawsuit, liability will ultimately fall on the property owner, and damages are generally covered by their insurance carrier. However, if the actions of an individual employee were intentional, they may be held accountable through criminal charges as well.

What is comparative fault?

Georgia operates on a comparative negligence (fault) system when it comes to personal injury law. This means that the injured victim could be found partially at fault for the accident that caused their own injury.

Under Georgia’s modified comparative negligence system, a victim will not be able to recover any compensation if they are determined to be more than 50% at fault for the injury.

If a person is found to be less than 50% at fault, they can recover compensation from the other party at fault. However, the amount of damages awarded will be reduced based on their percentage of fault. For example, if a victim is awarded $10,000 in total damages, but they are determined to be 20% at fault, they will only receive $8,000 for their injuries.

Because of this comparative negligence system, it is vital that you have a skilled attorney examine all aspects of your case to fight to you get the maximum compensation.

What kind of damages can I be compensated for?

There are various types of damages an injured slip and fall victim can be compensated for. This includes both economic and non-economic damages.

  •       Economic damages are those that are quantifiable, such as medical bills and lost income.
  •       Non-economic damages are those that are not as easily quantifiable. These are things like physical and emotional pain and suffering, loss of enjoyment of life, mental anguish, loss of companionship, and more.
  •       Punitive damages could be awarded if the property owner’s actions were grossly negligent or intentional. When they are awarded, punitive damages are designed to deter the defendant from future negligent actions.

The total amount of compensation a plaintiff (the victim) is awarded depends on how severe the injuries are and other factors relating to the case. Each slip and fall incident is different, and a skilled Savannah premises liability attorney will be able to help you secure the compensation you deserve.

Can I sue for wrongful death in a premises liability case?

If you have lost a loved one due to the careless, negligent, or intentional actions of a property owner, you may be entitled to wrongful death compensation. While there is no amount of money that can erase the pain of losing a loved one, a wrongful death lawsuit can help bring closure to grieving families. When determining if you have a wrongful death case for a premise liability incident, your attorney will look at the same elements of negligence discussed above when determining liability.

Wrongful death cases can be brought by various parties in Georgia:

  •       The right to sue first goes to the surviving spouse of the deceased.
  •       If there is no surviving spouse, the right to sue goes to any surviving children. If the surviving spouse is missing or chooses not to pursue a wrongful death claim, the court may allow the children to file the claim.
  •       If there are no surviving spouse or children, the deceased’s parents can file a wrongful death claim. If the parents are divorced, any settlement will be split between the two at the court’s discretion.
  •       If there is no surviving spouse, children, or parents, an administrator of the deceased’s estate may file a wrongful death claim on behalf of the next of kin, such as a sibling or grandchild.

In Georgia, there are various statutes of limitations that define how long survivors or the personal representative have to bring a wrongful death lawsuit. There are some circumstances in which the time limits change. If there is a criminal case involved with the wrongful death, the statute of limitations is suspended until the criminal case is finished. It is not uncommon for wrongful death cases to be related to criminal cases, particularly if the actions of a property owner were intentional or grossly negligent.

Because of these time limitations, it is vital that you speak to a qualified wrongful death attorney in Savannah as soon as possible to get your case started.

What kind of wrongful death damages can I claim?

There are various types of compensation available for those who have lost a loved one. Georgia’s wrongful death statute allows for recovery of the “full value of life.” This includes both economic and non-economic damages, such as the projected lifetime income lost as a result of the death, the value of the services the deceased would have provided to the family, as well as intangible factors like the value of their experience of living.

There are other benefits that can be recovered in the event of a wrongful death. Through a separate lawsuit known as a “survival action,” the estate of the deceased can recover compensation for:

  •       The deceased’s pain and suffering before death
  •       Any pre-death medical expenses incurred before death
  •       Funeral and burial expenses
  •       Punitive damages against the negligent party can also be sought through a survival action

Find Relief with Farah & Farah

If someone else’s negligence caused you to be injured on their property, you deserve to seek compensation for the pain and suffering you’ve been through. Our Savannah premises liability attorneys are dedicated to fighting on your behalf, so you can rest and remain comfortable through your healing process.

We’re available 24/7 to talk with you about your incident. Call us for a free consultation now.