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We handle premises liability claims for homeowners and businesses
These include slip-and-falls, falls from ladders, trip-and-falls in store aisles and sidewalks, attractive nuisances, and other premises related claims.
Our lawyers have secured summary judgment in numerous premises liability cases and have also secured favorable results for our clients at trial and on appeal. As part of the discovery process, we investigate whether the plaintiff had prior knowledge of the alleged hazard or was contributorily negligent, along with defending the separate legal issues of causation and damages.
Similar to motor vehicle accident cases, we rely heavily on our investigative capabilities and litigation experience in the area of premises liability, and we work to fully insulate our clients from liability whenever possible. We also handle specialized premises cases such as dog bites and those involving claims of inadequate security.
Dog Bites
Georgia law requires a plaintiff seeking damages from a dog attack to prove the defendant knew about the animal’s vicious propensity before the incident, often referred to as the ‘first bite’ rule. An exception to the ‘first bite’ rule is when the attack occurs while the dog owner is found to be in violation of a county or municipal ordinance requiring the dog to be restrained by a leash or other means. But, regardless of whether a plaintiff attempts to prove liability by demonstrating an owner’s knowledge of a dog’s vicious propensity or the violation of a local leash law, dog owners often have a variety of defenses available, and we have obtained successful results for many dog owners in the form of both summary judgment and jury verdict. In addition to representing dog owners, we have represented businesses and homeowners facing a claim because a dog bite occurred on their property, and the owners of horses, cats, and other animals alleged to have caused personal injury.
Inadequate Security
Plaintiffs’ lawyers commonly file inadequate security claims in an attempt to hold businesses liable for an unrelated individual’s negligence and even criminal conduct. Apartment complexes, gas stations, restaurants, and other businesses will often have strong defenses available to these claims, including defenses that no similar incidents have occurred on the property or that the claim resulted from an unforeseeable criminal act. We have significant experience successfully defending clients against inadequate security claims, both in state and federal courts in Georgia — experience which includes helping our clients fully avoid liability before a lawsuit is filed, in litigation, and on appeal.
Speak with a Premises Liability Lawyer at Downey & Cleveland, LLP in Marietta, GA
If you would like to know more about our premises liability practice, we invite you to get in touch with our experienced attorneys. With offices in Marietta, we represent individuals and businesses throughout Georgia. To speak with a premises liability lawyer at Downey & Cleveland, LLP in confidence, please call 770-422-3233 or tell us how we can reach you online today.