Premises liability cases arise when someone is injured due to a hazardous condition on another person’s property. However, proving fault in these cases is not always straightforward. Georgia follows a legal doctrine known as comparative fault, which can significantly impact a victim’s ability to recover compensation. If you or a loved one has been injured on someone else’s property, understanding how comparative fault works is crucial to protecting your rights.
At Glass & Robson, we have extensive experience handling complex premises liability cases, securing hundreds of millions in compensation for injured clients across Georgia. Our team is ready to fight for you, ensuring that you receive the compensation you deserve.
What Is Comparative Fault in Georgia?
Under Georgia law, comparative fault (also known as modified comparative negligence) means that an injured party can recover damages only if they are less than 50% at fault for their injury. If the injured person is found partially responsible for the accident, their compensation will be reduced by their percentage of fault. However, if their fault exceeds 49%, they are barred from recovering any damages.
For example, if you slip and fall in a grocery store due to a spill that was not properly cleaned, but you were also looking at your phone and not paying attention, the court may determine that you were 20% at fault. If your total damages amount to $100,000, your compensation would be reduced by 20%, leaving you with $80,000 in recovery.
How Comparative Fault Impacts Your Premises Liability Case
Premises liability claims often involve disputes about who is responsible for an accident. Property owners and insurance companies frequently argue that the injured party shares blame to reduce the amount of compensation they must pay. Some common ways they attempt to shift blame include:
- Claiming the hazard was open and obvious and could have been avoided.
- Arguing that the injured party was not paying attention or acting recklessly.
- Stating that the victim ignored warning signs about the danger.
- Suggesting the injured person was trespassing or in an area not meant for visitors.
Because of these tactics, it is crucial to have a skilled premises liability attorney on your side. At Glass & Robson, our legal team can gather evidence, consult experts, and build a strong case to prove that the property owner was primarily at fault.
Steps to Take If You Are Injured on Someone Else’s Property
If you have been injured in a premises liability accident, taking the right steps can help protect your claim:
- Seek Medical Attention – Your health should be your top priority. Additionally, medical records serve as crucial evidence in your case.
- Report the Incident – Notify the property owner or manager immediately and document the incident.
- Gather Evidence – Take photos of the hazardous condition, collect witness statements, and keep all relevant documentation.
- Avoid Speaking to Insurance Adjusters – Insurance companies may try to use your statements against you. It’s best to speak with an attorney first.
- Consult an Experienced Attorney – An attorney can help assess your case, determine liability, and fight for the compensation you deserve.
Contact Glass & Robson for Skilled Legal Representation
If you have been injured due to a dangerous condition on someone else’s property, Glass & Robson is here to help. Our attorneys have a proven track record of success, recovering hundreds of millions for clients across Georgia. We are committed to holding negligent property owners accountable and securing the maximum compensation for your injuries.
Learn more about our firm on our About Page or schedule a free consultation today by visiting our Contact Page or calling (404) 751-4702.