Tag: Premises Liability

Woman Awarded $1.3M after Losing Sight in Supermarket Fall

A Clayton County woman recently won a $1.3 million jury award because she lost her sight in her left eye after falling into the bagging station of a grocery store.

Ellen Myers claims she tripped on a wrinkle in a floor mat at the entrance of Food Depot in Rex, GA. The store disputed whether this was the cause. Yet Myers’€™ story never changed, giving the jury reason to believe she told the truth.

The accident took place on September 17, 2010, when Myers, 49, entered the store. She tripped and fell into the metal frame of the grocery bagging carousel, striking her face. Despite emergency medical care, Myers’€™ lost still lost vision in her left eye.

Clayton County State Court Judge Aaron Mason entered the $1.3 million judgment on April 2, following a weeklong trial that ended on March 29.

Premises Liability Cases at Moraitakis & Kushel, LLP

Georgia law requires property owners and property manager to maintain safe conditions, be it commercial or private property. Premises liability law is designed to protect anyone who sets foot on the property. Even if you were trespassing in some way, you may have the right to recovery in the event of an accident.

As the leading premises liability lawyers in Atlanta, we have successfully resolved and tried to verdict  cases involving the failure of a landowner to protect guests from serious injury including negligent failure to provide securing that resulted in assaults, rapes, and even death.

We are committed to getting you great results, and you will pay no attorneys fees unless we collect compensation for you. Call Moraitakis & Kushel, LLP at (404) 261-0016 to schedule your free consultation with a premises liability attorney.

Wife of Slain Taxi Driver Awarded $1.2M Settlement

The wife of a slain taxi driver has been awarded a settlement of $1.2 million from the then-owner of an apartment complex where her husband was fatally shot. Five and a half years after the death of her husband, and a complex legal battle against Bethany Group, LLC, a settlement was reached on April 4th, 2013. The agreement occurred approximately one year after Bethany was denied an appeal.

Her husband, Dane Grobman, 52, was shot and killed in the early morning of November 9, 2007, at the Alden Ridge Apartments on Brockett Rd. in Clarkston, Georgia. The apartment complex had a long history of criminal activity including drug dealing and robberies, and the person who called the cab was never found. Phone records yielded an untraceable disposable cellphone.

The apartment complex previously had employed round-the-clock security, but not since prior to February 2007, according to a brief. No private security guards were on the premises that night.

Georgia Premises Liability Law at Moraitakis and Kushel, LLP

Georgia law requires property owners and property managers to maintain safe conditions on their commercial and private property. If you were hurt or assaulted on someone else’€™s private or commercial property, you may be eligible to receive compensation for medical bills, lost wages, and pain and suffering. As in the tragic case of the slaying of Mr. Grobman, a surviving spouse may be entitled to compensation. The leaders in Atlanta in premises liability law, Moraitakis and Kushel, LLP are dedicated to getting you results.

Call Moraitakis & Kushel, LLP at (404) 261-0016 or 1-800-688-2357, or send us an e-mail to schedule your free consultation with a premises liability attorney.

Am I a Victim of Faulty Premises Liability?

Faulty premises liability protects individuals who are hurt on another person’s property due to unsafe or defective conditions caused by negligence. It is important to note that just because someone is hurt on another person’s property, does not make the owner liable. It must be shown that the homeowner or property owner knew these unsafe conditions existed and did not repair or maintain them as they should have, causing the injury or accident to occur.

A few types of accidents that could constitute faulty premises liability:

  •  Dog bites
  •  Inadequate security leading to assault
  •  Slips and falls
  •  Elevator accidents
  •  Exposure to toxic fumes
  •  Swimming pool accidents (accidental drowning)
  •  Fires

Legal Responsibilities of a Property Owner

The owner of a home or property must protect invitees, licensees, and trespassers with varying guidelines based on the person’s reason for being on the property: invitees, licensees, or trespassers.

 

  • Invitees are considered guests. These guests are like friends, family and neighbors or customers in a store. This category of people is thought to be owed the most protection and fair warning from a property owner regarding any unsafe conditions.
  • Licensees are considered those who venture onto the property for their own purposes – such as workers or salesmen. The owner of the property is usually somewhat less liable for injury. However the distinction between invitees and licensees rights vary state-to-state.
  • Trespassers are those who enter a property without permission. Trespassers usually enter at their own risk; the owner of the property has not implied that the property is safe or maintained. This does not apply to children. Owners of the home or property can be held responsible if they have knowingly created or maintained conditions that can cause injury to trespassers.

Limitations of Faulty Premises Liability

The most common limitation to faulty premises liability is that of comparative fault. Comparative fault occurs when the person injured is partially at fault as well, as it is expected that everyone exercise reasonable care for their own safety regardless of their location.

Another limitation is that of the lessor or landlord. When a lessee, or tenant, gains control of a property through a lease, there is often a rule or clause stating that anything causing injury or harm is out of the control of the landlord. Most rental leases contain important clauses and rules, there are exceptions to this however.

Contact the Personal Injury Experts at Moraitakis & Kushel, LLP

If you believe you may have a faulty premises liability case, contact the experienced attorneys at Moraitakis & Kushel by phone at 404-445-1411 or by using our online contact form.

Your consultation is free and you pay nothing unless there is successful conclusion or settlement of the case.

Atlanta Airport Fire Under Investigation

An electrical fire temporarily shut down the airport train and walkway services at Hartsfield-Jackson International Airport Thursday evening, the AJC reports. According to Airport spokeswoman Myrna White, the fire began around 7:30 p.m. between the C and D concourses and was extinguished about five minutes later.

Authorities diverted travelers away from the area while they tried to determine the cause of the fire. Passengers were asked to remain in boarding areas and were not allow to deplane on Concourse C until 8:15 p.m. and in Concourse D until 8:30 p.m. Train service resumed around 8:30 p.m. No injuries were reported.

The cause of the fire is still under investigation.

Premises Liability Cases at Moraitakis & Kushel, LLP

Under Georgia law, property owners and managers are required to maintain safe conditions. Premises liability law is designed to protect patrons, customers, guests, and visitors from accident or injury.

If you were injured or assaulted on someone else’€™s private or commercial property you may be eligible to obtain compensation for medical bills, lost wages, and pain and suffering. The premises liability lawyers at Moraitakis & Kushel, LLP have successfully tried numerous cases like these, and we’€™re here to fight for you.

Call Moraitakis & Kushel, LLP at (404) 261-0016 or 1-800-688-2357 or send us an e-mail to schedule your free consultation with a premises liability attorney. You pay no attorney’€™s fees unless we collect compensation for you.