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Filing a claim for unsafe building injuries

| Feb 15, 2018 | Premises Liability

The laws in Georgia and across the U.S. make provisions for those who are injured in unsafe buildings. Whether they slip on a wet floor, trip on a pothole, fall down broken stairs or get struck by a falling object, people have the right to file a claim for compensatory damages.

Such injuries can occur anywhere from a retail store to a neighbor’s home. Sometimes, the factors that led to the accident are clear, such as poor lighting and lack of security. However, this isn’t always the case. What’s important is to show who was negligent and what classification the victim falls under.

Owners have a duty of care to their property, ensuring that there are no unreasonable risks, while those who enter the property also have a duty not to use it in an unreasonable manner. So someone who performs a daredevil stunt and gets injured will not receive compensation. The victim’s duty of care differs based on whether he or she is classified as an invitee, licensee or trespasser.

Invitees enter a property for both their own and the owner’s benefit. This includes customers at a grocery store. Licensees enter a property for their own benefit. Among trespassers, injured children are an exception under the law, and property owners still have a duty of care to them.

Whatever their classification, victims must take certain steps before filing a premises liability claim. They should get medical help immediately because delay may lead to the charge that the injuries aren’t as bad as they claim. Furthermore, they should file a police or incident report, if possible, and photograph any evidence of injuries. A lawyer can help by gathering all the evidence and handling negotiations.


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