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.

Most common types of premises liability claims


The most common type of premises liability injuries are:

  • Slip and falls
  • Injuries from falling objects
  • Escalator or elevator accidents
  • Snow and ice hazards
  • Inadequate maintenance
  • Insufficient security
  • Water leaks or flooding
  • Fires
  • Porch, patio, or stairs collapsing
  • Dog bites or attacks
  • Defective conditions such as unstable ceilings and walls
  • Faulty amusement park rides
  • Exposure to hazardous chemicals or toxic materials such as lead or mold.
  • Failure to inform a visitor of unsafe conditions
  • Inadequately guarded swimming pools
  • Inadequate maintenance
  • Injuries resulting from an act of violence or any criminal acts
  • Defective stairs or railings
  • Accidents caused by uneven terrain, unnoticeable stairs, or slippery surfaces

Multiple things must be proven to receive compensation if you have been injured on someone else’s property, business, or home.

  • The owner was aware of the hazard and failed to ensure the proper safety conditions.
  • The owner failed to inform any visitors of the potential risk.
  • The owner didn’t prevent or do anything to avoid the danger.
  • Your injury or illness is a direct result of this danger.


What premises liability attorneys do

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:

  • Conduct a thorough investigation and verify how the incident occurred.
  • Collect any evidence, like videos and photographs of the scene of the accident.
  • Interview any witnesses to the accident.
  • Show the circumstances of the incident and how the property owner is liable.
  • Prove that the owner is at fault.
  • Build the case with all the details and evidence.
  • Create a strategy to seek compensation on your behalf.
  • Represent you in the negotiations with the different parties, including the insurance companies. 
  • Represent you in a court of law, if necessary.
  • Guide you and inform you through every step of the case.


Compensation for premises liability cases


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.


Statute of limitations for premises liability cases in the state of Georgia

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.

 

 

 

(864)761-4141

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

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish

KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund

ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

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.