From slippery floors with no warning signs to untrained aggressive dogs, you might encounter hazardous conditions when going out. Fortunately, property owners and businesses have a duty to keep their property safe and free of any hazards for employers, visitors, and customers. This reduces any risks and promotes public safety.
But sometimes, property owners don’t uphold their responsibilities, and due to negligence, customers and employees get hurt or ill. Depending on the circumstances and the type of hazard, victim injuries can vary from cuts and bruises to head injuries, cancer, or even death.
These injuries will entail a long recovery, physical therapy, or even surgery, leaving victims with sometimes permanent disabilities, PTSD, and anxiety. On top of that, there’s the stress of medical bills, taking time off from work, and reduced earning capacity.
Premises liability is part of the personal injury law; these types of attorneys help people injured or fallen ill because of dangerous or hazardous conditions resulting from the property owner’s negligence. If you or a loved one has been injured and believe you are entitled to some compensation, reach out to your attorneys, as there is a set time to make a claim.
The most common type of premises liability injuries are:
Multiple things must be proven to receive compensation if you have been injured on someone else’s property, business, or home.
A premises liability lawyer will guide you through this process, review all the facts and determine if you have a case. They can also assist you in:
You may be entitled to financial compensation if you prove someone was responsible for your injuries. In these cases, there are monetary damages for medical expenses, lost wages, and reduced earning capacity. Non-monetary damages could also be awarded; this covers loss of quality of life or pain and suffering; this can be difficult to prove, so it likely would be discussed and settled by the jury.
If the accident was fatal, your attorneys could assist family and next of kin by filing a wrongful death claim. In this case, the family could be entitled to the same compensation as mentioned above, plus funeral or burial expenses, loss of income that the person could earn in their lifetime, and loss of care or companionship.
In some specific situations, the victim or their family could pursue punitive damages; this refers to cases or circumstances that have been outstandingly bad or done with malice and are used to punish and make an example of the responsible party.
As you have seen, multiple factors must be taken into account in a premises liability claim, don’t feel pressured or rushed to settle with insurers before reviewing your case with the help of an experienced attorney.
In the state of Georgia, there is a two-year deadline for personal injury cases and a four-year deadline for claims involving damage to personal property. This is known as the statute of limitations to create a claim; if you are outside this window, an exception could apply.
The sooner you start working with an attorney and collect all the evidence required, the easier it will be to build a case. Contact your trusted and experienced attorneys at Castan & Lecca; we will review the circumstances of your accident and advise you on what you could be entitled to.
51 Lenox Pointe NE
Atlanta, GA 30324
4131 Steve Reynolds Blvd #102
Norcross, GA 30093
Dustin Thompson
Attorney
Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence. Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.
MICHAEL BOESCHEN
Attorney
Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA
CHRISTIAN PECONE
Attorney
ED DENKER
Attorney
ILIANA DOBREV
Attorney
KEN THAXTON
Attorney
ALEXANDER LECCA
Attorney
DANIEL CASTAN
Attorney
Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C. Dan was admitted to the Georgia Bar in November, 1993. He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.