Identifying defendants in a premises liability case resulting from objects falling from tall buildings in Georgia could prove complicated. Take for example the scenario of an improperly installed air conditioner unit in the window of an upper story apartment. Urban myths warn of the dangers of these units falling and hitting people on sidewalks. It rarely happens, but, when it does, the details in each case influence the assignment of responsibility for a victim’s damages.
Potential defendants could include the owner of the building, the property manager, a tenant or an independent contractor who installed the unit. Two cases in another state addressed this exact issue. In one case, the building owners won on a summary judgment from the court based on a lack of evidence that the owners knew the air conditioner was in place. A different case went forward to trial because the owners could not show the court that anyone else had control of the property.
A person injured while visiting, patronizing or passing through a property might want the insights of an attorney when considering a premises liability claim. Building owners generally have insurance for these types of claims, and an attorney could request the applicable policy and study its terms. This evaluation could inform the injured victim about the possibility of proving a case and what level of coverage is available.
An attorney could manage an investigation about unsafe conditions and document visible problems with photographs. After filing a personal injury lawsuit, the lawyer might pursue a pretrial settlement by negotiating with the responsible party. If necessary, legal counsel may suggest advancing the case to a court trial.