Premises Liability Litigation Defense Lawyer in Atlanta 

As a business owner, there are few things more terrifying than receiving a demand letter. Even a weak, obvious nuisance slip and fall claim can be an enormous headache for businesses facing a premises liability claim, whether they’re a local SMB or a nationwide corporation.

People may intentionally target your business with a premises liability nuisance claim if they:

Perceive Vulnerability: Small businesses may not have the legal resources that larger companies do, making them seem like easier targets for those looking to profit from a nuisance or premises liability claim.

Insurance Settlements: Even small businesses typically have liability insurance. Those who make nuisance or premises liability claims often do so hoping the business will settle quickly through their insurance to avoid the cost and hassle of going to court. In many cases, they know the insurance company will want to settle, even if the business owner wants to fight a premises liability claim with questionable merit.

Premises liability claims of all types, but particularly slip and fall claims, are a common legal challenge businesses must face. The fact is people do sometimes slip, trip or fall in a store or other business and get injured – but in many of those cases, it isn’t the business owner’s fault. The person may have:

• Ignored a wet floor sign
• Been looking at their phone when they tripped
• Knocked over a glass jar or bottle and hurt themselves

In all of those scenarios, those people could probably find a personal injury or premises liability lawyer to file a claim and send you a demand letter – even if those injuries clearly weren’t your fault.

Your insurance company does protect you in a couple of important ways – but they are a business, not a charity. The health and wellbeing of your business isn’t their priority, and if they think it will be cheaper to settle than defend you, they may be more inclined to settle. Even in a scenario where you’re positive the claimant is entirely at fault.

Having your own premises liability defense counsel may help you better control the strategy when dealing with the claim you’re facing.

Defense Strategies in Slip and Fall or Premises Liability Cases 

There are a variety of ways in which you can be effectively defended from a premises liability or slip and fall claim:

Lack of Negligence: If a business can demonstrate that it took all reasonable precautions to prevent the accident, it might not be found negligent. This could involve showing regular maintenance schedules, safety protocols or staff training procedures.

Comparative Negligence: Georgia follows a modified comparative negligence rule, which means if the person making the claim contributed to their own injury (for instance, by not paying attention to where they were going), the business's liability might be reduced. If the plaintiff can’t prove they were less than 50 percent at fault, their claim or case will entirely fail.

Assumption of Risk: In certain cases, if a person knowingly and willingly undertook a risky activity on the business's premises, the business might not be held liable for any resulting injuries. There are many scenarios in which people can hurt themselves, and it’s often not the responsibility of the business owner to protect customers from their own recklessness.

Trespassing: If the person making the premises liability claim was unlawfully on the property when the injury occurred, the business might not be held responsible.

We Provide Aggressive Civil Litigation Defense for Atlanta Businesses and Insurance Companies in Premises Liability Cases

Businesses often find it beneficial to engage their own counsel when faced with premises liability or slip and fall claims, even when they have liability insurance. There are a variety of compelling reasons to consult with your own attorney if you find yourself the target of civil litigation or premises liability cases.

Control Over Legal Strategy: Your business's interests and your insurance company's interests may not always align perfectly. As a result, the legal strategy pursued by the insurance company defense lawyers might run counter to your preferences.

Consider speaking with an independent defense lawyer, even if you ultimately decide to forgo the added expense and stick with the insurance company strategy. You deserve to understand your options and find out if there’s an alternative path that will protect your business’s reputation and your bottom line without conceding a win to the plaintiff.

Dedicated Representation: The average insurance company defense lawyer is working on several cases at the same time. Those attorneys might have the resources to provide equally effective and thorough representation for all their clients – or they might not. By having your own lawyer, you ensure dedicated representation. They will be able to focus fully on your case and provide personalized legal advice tailored to your situation.

Complexity of Case: The details surrounding slip and fall or premises liability claims can be complex. They often hinge on intricate details of law and can involve a close examination of evidence, witness statements and more. A skilled attorney with specific experience premises liability cases can be invaluable.

Potential for Large Damages: If the claimant was seriously injured, potential damages could exceed your premises liability insurance coverage. To be clear, the insurance company’s defense lawyers do have a duty to you – the policyholder. However, they also have a duty to the insurance company. In such cases, it might be helpful to have your own premises liability attorney who is only looking out for you.

Preserving Your Reputation: A premises liability claim can impact your business's reputation. An attorney can help manage communications about the case to protect your public image. They can also help you pursue a strategy that best protects your standing in the community, even if it’s not necessarily the same strategy the insurance company wants to pursue.

Preventing Future Premises Liability Claims: A skilled attorney can provide advice on how to prevent future premises liability claims, such as recommending changes in business practices or improvements in safety procedures.

We Provide Aggressive Premises Liability Civil Litigation Defense for Atlanta Businesses and Insurance Companies

It’s often a relief to know that you have someone in your corner advocating for your best interests. Our civil litigators can help you navigate the complexities of the legal process, provide knowledgeable counsel and ultimately help to protect your business in premises liability cases.

Call us at 678-921-4225 for a premises liability consultation.