Licensee
A licensee is a person who is invited to get in or remain on the premises for any purpose other than a business or commercial one with the express or implied permission of the owner or individual in control of the premises. A social guest is considered to be a licensee, not an invitee.
Typically, a possessor of premises will be responsible for physical harm caused to a licensee because of a condition on the premises if, but only if, the claimant shows the following three elements:
1. The possessor was aware of or must have known of the condition, must have realized that it involved an unreasonable risk of harm to the licensee, and should have expected that the licensee will not discover or realize the danger;
2. The possessor failed to exercise reasonable care to make the condition safe, or to notify the licensee of the condition and the associated risk;
3. The licensee did not know or have reason to realize the condition and the associated risk.
For example, if a homeowner knows that one of the steps leading to a basement is broken but would not appear to be broken to a reasonably observant individual, the homeowner might be liable to a guest who, without notice of that broken step, is injured because the step gave way.
If you are an licensee and have suffered injuries on another’s property, contact a Augusta, Georgia premises liability lawyer.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
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Invitee
Invitee
The invitee is the individual who is invited to get in or remain on the premises for a commercial benefit to the possessor of premises, or for a reason directly or indirectly associated with business dealings with the possessor. An invitation may be either express or implied. A customer in a department store is an invitee, because the department store actively invites the public to come to the premises and to purchase merchandise while on the premises. A premises owner has the highest duty of care to the invitee.
Generally, the possessor has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm resulting from a condition on the possessor's premises if the risk of harm is unreasonable, and the possessor is aware of or in the exercise of ordinary care must be aware of the condition, and ought to understand that it involves an unreasonable risk of harm to an invitee.
The possessor can have a duty to regularly inspect the premises for new hazards to invitees. For example, a grocery store may be obligated to regularly check the floors for the presence of spilled or broken merchandise, and to ensure that its products are not likely to fall from its shelves.
If you are an invitee and have suffered injuries on another’s property, contact a Augusta, Georgia premises liability attorney.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
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The invitee is the individual who is invited to get in or remain on the premises for a commercial benefit to the possessor of premises, or for a reason directly or indirectly associated with business dealings with the possessor. An invitation may be either express or implied. A customer in a department store is an invitee, because the department store actively invites the public to come to the premises and to purchase merchandise while on the premises. A premises owner has the highest duty of care to the invitee.
Generally, the possessor has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm resulting from a condition on the possessor's premises if the risk of harm is unreasonable, and the possessor is aware of or in the exercise of ordinary care must be aware of the condition, and ought to understand that it involves an unreasonable risk of harm to an invitee.
The possessor can have a duty to regularly inspect the premises for new hazards to invitees. For example, a grocery store may be obligated to regularly check the floors for the presence of spilled or broken merchandise, and to ensure that its products are not likely to fall from its shelves.
If you are an invitee and have suffered injuries on another’s property, contact a Augusta, Georgia premises liability attorney.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Augusta, Georgia Premises liability law
Augusta, Georgia Premises liability law
Premises liability law in Augusta, Georgia is the body of law which holds the person who has possession of land or premises liable for the injuries suffered by individuals who are present on the premises.
While some premises claims, like "slip and fall" cases, can appear simple, in some states the rules now very much favors the premises owner. Therefore, while assessing a premises liability case, it is usually helpful to seek assistance premises liability an attorney.
Within the context of premises liability, an individual "possesses" land or premises if:
• The person is in occupation of the land with intent to control it;
• That individual has been in occupation of land with intent to control it, when no other individual has subsequently occupied it with intent to control it; or
• That individual is entitled to immediate occupation of the land, when no other person is in possession as just defined.
As per the premises liability law of most states it is vital to decide if the claimant was an "invitee", a "licensee", or a "trespasser". The defendant's responsibility to the plaintiff can vary significantly depending upon how the plaintiff is classified. "Premises" should be read broadly to include land, premises, or places of business. The "possessor" is the person who has possession of the premises.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Premises liability law in Augusta, Georgia is the body of law which holds the person who has possession of land or premises liable for the injuries suffered by individuals who are present on the premises.
While some premises claims, like "slip and fall" cases, can appear simple, in some states the rules now very much favors the premises owner. Therefore, while assessing a premises liability case, it is usually helpful to seek assistance premises liability an attorney.
Within the context of premises liability, an individual "possesses" land or premises if:
• The person is in occupation of the land with intent to control it;
• That individual has been in occupation of land with intent to control it, when no other individual has subsequently occupied it with intent to control it; or
• That individual is entitled to immediate occupation of the land, when no other person is in possession as just defined.
As per the premises liability law of most states it is vital to decide if the claimant was an "invitee", a "licensee", or a "trespasser". The defendant's responsibility to the plaintiff can vary significantly depending upon how the plaintiff is classified. "Premises" should be read broadly to include land, premises, or places of business. The "possessor" is the person who has possession of the premises.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Special Issues in motor vehicle accident cases
Special Issues in motor vehicle accident cases
Special issues will arise in the car accident litigation in Augusta, Georgia . These it more complex to litigate the motor vehicle accident claim, which make additional parties potentially liable for injuries, or which should be considered at the time of litigating the case. Here are some of the special issues arising from the accident itself:
Hit-and-Run Accidents: Where a driver who causes an accident does not stop at the accident scene, it will be complicated for the victim of the accident to subsequently identify the at-fault driver so as to bring a legal proceeding.
Car-Pedestrian Accidents: If a motor vehicle collides with a pedestrian, the pedestrian will often suffer catastrophic injury. Pedestrians generally have problems making claims against drivers, with accidents frequently attributed to the conduct of the pedestrian.
Car-Motorcycle Accidents: Motorcycle drivers are vulnerable serious injury, even in accidents which would be relatively minor if the collusion happened between cars. Many feel that motorcyclists suffer from a predisposition by juries to blame them for causing an accident, even where the driver of a car was evidently negligent.
Car-Bicycle Accidents: Bicyclists are likely to suffer to serious injury if hit by automobiles, and are also vulnerable to having drivers open car doors in front of them - a hazard which may cause them to be caterpaulted over the vehicle door in a collision. Drivers generally report that they did not see the bicyclist till after the collision, or that they misjudged the bicyclist's speed. Few bicyclists engage in very dangerous actions, such as ignoring traffic signals or riding on the wrong side of the road.
Semi Truck / Tractor-Trailer Accidents: The drivers of such big vehicles are subject to state and federal regulation, governing the number of hours a day they can drive, how much sleep they are to get each night, and the condition and maintenance of their vehicles. Drivers generally get paid by the mile driven, and hence have a strong reason to ignore laws that limit their driving time. Of course, if a semi truck causes an accident, the consequences to any smaller automobile and its occupants can be devastating.
After-Market Vehicle Modifications: If a automobile has after-market changes, such as being raised or lowered, having powerful or tinted headlights or foglights installed, or window tinting, those modifications may affect both the safety of the automobile for its occupants and the dangers posed by the vehicle to other drivers.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Special issues will arise in the car accident litigation in Augusta, Georgia . These it more complex to litigate the motor vehicle accident claim, which make additional parties potentially liable for injuries, or which should be considered at the time of litigating the case. Here are some of the special issues arising from the accident itself:
Hit-and-Run Accidents: Where a driver who causes an accident does not stop at the accident scene, it will be complicated for the victim of the accident to subsequently identify the at-fault driver so as to bring a legal proceeding.
Car-Pedestrian Accidents: If a motor vehicle collides with a pedestrian, the pedestrian will often suffer catastrophic injury. Pedestrians generally have problems making claims against drivers, with accidents frequently attributed to the conduct of the pedestrian.
Car-Motorcycle Accidents: Motorcycle drivers are vulnerable serious injury, even in accidents which would be relatively minor if the collusion happened between cars. Many feel that motorcyclists suffer from a predisposition by juries to blame them for causing an accident, even where the driver of a car was evidently negligent.
Car-Bicycle Accidents: Bicyclists are likely to suffer to serious injury if hit by automobiles, and are also vulnerable to having drivers open car doors in front of them - a hazard which may cause them to be caterpaulted over the vehicle door in a collision. Drivers generally report that they did not see the bicyclist till after the collision, or that they misjudged the bicyclist's speed. Few bicyclists engage in very dangerous actions, such as ignoring traffic signals or riding on the wrong side of the road.
Semi Truck / Tractor-Trailer Accidents: The drivers of such big vehicles are subject to state and federal regulation, governing the number of hours a day they can drive, how much sleep they are to get each night, and the condition and maintenance of their vehicles. Drivers generally get paid by the mile driven, and hence have a strong reason to ignore laws that limit their driving time. Of course, if a semi truck causes an accident, the consequences to any smaller automobile and its occupants can be devastating.
After-Market Vehicle Modifications: If a automobile has after-market changes, such as being raised or lowered, having powerful or tinted headlights or foglights installed, or window tinting, those modifications may affect both the safety of the automobile for its occupants and the dangers posed by the vehicle to other drivers.
---------------------------------
We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Causes of accidents in Augusta, Georgia
Causes of accidents in Augusta, Georgia
There are many likely causes for motor vehicle accidents in Augusta, Georgia , like:
Driver Error - The most common reason for motor vehicle is driver error. Common errors which cause accidents include failure to yield the right of way, following too closely, over speeding, unsafe passing, and disregard of traffic control devices.
Distractions – When a driver's attention is diverted from the road, the chances of an accident increase. Distractions can occur from outside of the vehicle, like when something at the side of the road draws the driver's attention. Distractions can also occur inside the motor vehicle, like when the driver attempts to read or put on makeup when driving, change CD's in the CD player, dials a cellular phone, or attempts to parent an upset or unruly child.
Intoxication – Persons whose ability to drive is affected because of the consumption of alcohol or drugs are more likely to cause automobile accidents.
Bad Weather – At times, bad weather conditions can contribute to an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive the car. The driver should take into consideration the effects of the weather, such as strong cross-winds or slippery roads while driving. Sometimes the weather might cause an unexpected hazard, like black ice or flash flooding, that can not be detected by a driver until it is too late to prevent that hazard.
Road Design - A badly designed roadway, intersection, or means of controlling traffic will sometimes result in an accident. Badly placed and badly designed road signs or barriers can contribute to unnecessary injury when motor vehicles collide with them. Sometimes, such defects will result in liability for the governmental agency responsible for the design and maintenance of the roadway, however governmental immunity may apply in such cases.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
There are many likely causes for motor vehicle accidents in Augusta, Georgia , like:
Driver Error - The most common reason for motor vehicle is driver error. Common errors which cause accidents include failure to yield the right of way, following too closely, over speeding, unsafe passing, and disregard of traffic control devices.
Distractions – When a driver's attention is diverted from the road, the chances of an accident increase. Distractions can occur from outside of the vehicle, like when something at the side of the road draws the driver's attention. Distractions can also occur inside the motor vehicle, like when the driver attempts to read or put on makeup when driving, change CD's in the CD player, dials a cellular phone, or attempts to parent an upset or unruly child.
Intoxication – Persons whose ability to drive is affected because of the consumption of alcohol or drugs are more likely to cause automobile accidents.
Bad Weather – At times, bad weather conditions can contribute to an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive the car. The driver should take into consideration the effects of the weather, such as strong cross-winds or slippery roads while driving. Sometimes the weather might cause an unexpected hazard, like black ice or flash flooding, that can not be detected by a driver until it is too late to prevent that hazard.
Road Design - A badly designed roadway, intersection, or means of controlling traffic will sometimes result in an accident. Badly placed and badly designed road signs or barriers can contribute to unnecessary injury when motor vehicles collide with them. Sometimes, such defects will result in liability for the governmental agency responsible for the design and maintenance of the roadway, however governmental immunity may apply in such cases.
---------------------------------
We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Augusta Georgia Serious injury attorney
Augusta Georgia Serious injury attorney
Injury lawsuits in Augusta GA
Doctor Negligence legal cases
Wrongful death is a death caused by wrongful act or from carelessness of another person or entity. A wrongful death legal case claims that the injured party was killed as a result of wrongful act or negligence on the part of the individual or entity being sued, and that the victims survivors are entitled to monetary damages as a result of the wrongful act or negligence. States have enacted wrongful death laws providing compensation to the heirs or relatives of the injured party as an incentive to act carefully and safely. All states have wrongful death statutes. In most states, a lawsuit for wrongful death should be brought within two years from the date of death or within two years from the date the cause of death is known. State wrongful death laws are independent of each other. However they follow the same basic principles:
the death was caused, in whole or part, by the conduct of the defendant;
the defendant was negligent or strictly liable for the injured partys death;
there is a surviving spouse, children, beneficiaries or dependents; and
monetary damages have resulted from the injured partys death.
A wrongful death will be the basis for a civil case for damages on behalf of the dead persons family or heirs. It is a claim against someone who can be held liable for the death.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Injury lawsuits in Augusta GA
Doctor Negligence legal cases
Wrongful death is a death caused by wrongful act or from carelessness of another person or entity. A wrongful death legal case claims that the injured party was killed as a result of wrongful act or negligence on the part of the individual or entity being sued, and that the victims survivors are entitled to monetary damages as a result of the wrongful act or negligence. States have enacted wrongful death laws providing compensation to the heirs or relatives of the injured party as an incentive to act carefully and safely. All states have wrongful death statutes. In most states, a lawsuit for wrongful death should be brought within two years from the date of death or within two years from the date the cause of death is known. State wrongful death laws are independent of each other. However they follow the same basic principles:
the death was caused, in whole or part, by the conduct of the defendant;
the defendant was negligent or strictly liable for the injured partys death;
there is a surviving spouse, children, beneficiaries or dependents; and
monetary damages have resulted from the injured partys death.
A wrongful death will be the basis for a civil case for damages on behalf of the dead persons family or heirs. It is a claim against someone who can be held liable for the death.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Evans GA Medical Negligence Serious injury attorney
Evans GA Medical Negligence Serious injury attorney
Hospital Negligence Serious injury in Evans Georgia
Doctor Negligence cases and expert witness
To maintain a medical malpractice action, the plaintiff must present a qualified expert witness to testify both that the doctor was negligent and that the physicians actions were the proximate reason for the plaintiffs alleged injuries. Negligence means the failure to use ordinary care; that is, the failure to do what a physician of ordinary prudence would have done in the similar conditions. Proximate cause refers to the cause that, in a continuous and uninterrupted sequence, producesan event foreseeable by the physician exercising the degree of care required of him or her.
A properly qualified expert should be
A doctor practicing medicine at the time he or she provides testimony in the lawsuit or a physician who was practicing medicine at the time of the care and treatment that is the basis of the claim; and
A physician qualified on the basis of training or experience.
Practicing medicine means training residents or students at an accredited medical or osteopathic school and serving as a consulting physician. Factors considered in determining whether an expert witness is qualified include
Is the expert board certified in an area relevant to the claim
Does the expert have substantial training or experience in a field relevant to the claim
Is the expert practicing medicine and rendering medical services relevant to the claim
The physicians lawyer can challenge both an experts qualifications and his or her ability to legally show negligence and proximate cause.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
Hospital Negligence Serious injury in Evans Georgia
Doctor Negligence cases and expert witness
To maintain a medical malpractice action, the plaintiff must present a qualified expert witness to testify both that the doctor was negligent and that the physicians actions were the proximate reason for the plaintiffs alleged injuries. Negligence means the failure to use ordinary care; that is, the failure to do what a physician of ordinary prudence would have done in the similar conditions. Proximate cause refers to the cause that, in a continuous and uninterrupted sequence, producesan event foreseeable by the physician exercising the degree of care required of him or her.
A properly qualified expert should be
A doctor practicing medicine at the time he or she provides testimony in the lawsuit or a physician who was practicing medicine at the time of the care and treatment that is the basis of the claim; and
A physician qualified on the basis of training or experience.
Practicing medicine means training residents or students at an accredited medical or osteopathic school and serving as a consulting physician. Factors considered in determining whether an expert witness is qualified include
Is the expert board certified in an area relevant to the claim
Does the expert have substantial training or experience in a field relevant to the claim
Is the expert practicing medicine and rendering medical services relevant to the claim
The physicians lawyer can challenge both an experts qualifications and his or her ability to legally show negligence and proximate cause.
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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
We offer a free initial consultation to all prospective clients.
Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta
