Savannah Georgia Personal Injury Lawyer | GA Accident Attorney

Invitee

An invitee is that person who is invited to enter and remain on the premises for a commercial benefit to the possessor of premises, or for a purpose directly or indirectly connected 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 when on the premises. A premises owner has the highest duty of care to an 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 when the risk of harm is unreasonable, and the possessor knows or in the exercise of ordinary care ought to be aware of the condition, and should realize that it involves an unreasonable risk of harm to an invitee.

A possessor may have a duty to regularly check the premises for the introduction of hazards to invitees. For instance, a grocery store may be obligated to regularly inspect 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 Savannah GA premises liability lawyer.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

Savannah GA Premises liability law

Premises liability law in Savannah GA is a body of law that makes the individual who has possession of land or premises liable for certain injuries suffered by persons who are present on the premises.

While few premises claims, such as “slip and fall” cases, may appear simple, in certain states the rules now very much favors the premises owner. Thus, when assessing a premises liability case, it is generally helpful to seek assistance premises liability an attorney.

Within the context of premises liability, an individual “possesses” land or premises when:
• That person is in occupation of the land with intent to control it;
• The person has been in occupation of land with intent to control it, when no other person has subsequently occupied it with intent to control it; or
• The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.

According to the premises liability law of most states it is vital to decide if the plaintiff is an “invitee”, a “licensee”, or a “trespasser”. The defendant’s duty to the plaintiff can differ substantially based on how the plaintiff is classified. “Premises” should be read broadly to include land, premises, or places of business. The “possessor” is the individual in possession of the premises.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

Special Issues in vehicle accident litigation

Special issues may arise in the motor vehicle accident litigation in Savannah GA . These it more complicated to litigate the car accident claim, which make additional parties potentially liable for injuries, or which should be considered when litigating the case. Special issues arising from the accident itself include:
Hit-and-Run Accidents: If 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 file a case.

Car-Pedestrian Accidents: Where a motor vehicle collides with a pedestrian, the pedestrian will generally end up with catastrophic injury. Pedestrians often have a tough time making claims against drivers, with accidents generally attributed to the conduct of the pedestrian.

Car-Motorcycle Accidents: Motorcycle drivers are vulnerable serious injury, even in collisions which may be relatively minor had the collusion occurred between cars. Some feel that motorcyclists suffer from a predisposition by juries to blame them for causing an accident, even when the driver of a car was evidently at fault.

Car-Bicycle Accidents: Bicyclists are susceptible to serious injury if hit by automobiles, and are also susceptible to having drivers open car doors in front of them – a hazard which can cause them to be caterpaulted over the vehicle door in a collision. Drivers typically report that they did not see the bicyclist till after the collision, or that they misjudged the bicyclist’s speed. Certain bicyclists engage in very hazardous actions, like ignoring traffic signals or riding on the wrong side of the road.

Semi Truck / Tractor-Trailer Accidents: The drivers of such huge vehicles are subject to state and federal rules, governing how many hours a day they can drive, how much sleep they are to get each night, and the condition and maintenance of the trucks. Drivers generally get paid by the mile driven, and therefore have a strong incentive to ignore rules which limit their driving time. Obviously, if a semi truck causes an accident, the consequences to any smaller automobile and its passengers can be devastating.

After-Market Vehicle Modifications: If the vehicle has after-market changes, including being raised or lowered, having powerful or tinted headlights or foglights installed, or window tinting, such modifications may affect both the safety of the vehicle for its occupants and the dangers posed by the vehicle to other drivers.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

Causes of accidents in Savannah GA

There are numerous likely causes for auto accidents in Savannah GA , including:
Driver Error – The most common cause of auto is driver error. Common errors which result in accidents include not yielding the right of way, tail gating, over speeding, unsafe passing, and disregard of traffic control devices.

Distractions – When a driver’s attention becomes diverted from the road, the chances of an accident increase. Distractions may occur from outside of the automobile, such as when something on the side of the road attracts the driver’s attention. Distractions may also occur inside the automobile, like where a driver attempts to read or put on makeup while driving, change CD’s in the CD player, dials a cellular phone, or attempts to parent an upset or unruly child.

Intoxication – Motorists whose capacity to drive is impaired as a result of the consumption of alcohol or drugs are more likely to cause motor vehicle accidents.

Bad Weather – At times, bad weather conditions will result in an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive the vehicle. The driver should take into consideration the effects of the weather, such as strong cross-winds or slippery roads when driving. At times the weather will cause an unexpected hazard, such as black ice or flash flooding, which may not be detected by the driver until it is too late to avoid the hazard.

Road Design – A badly designed roadway, intersection, or means of controlling traffic will at times contribute to an accident. Badly placed and poorly designed road signs or barriers can result in unnecessary injury when vehicles collide with them. Many times, these defects will result in liability for the governmental agency responsible for the design and maintenance of the roadway, but governmental immunity may apply in such cases.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

Savannah, Georgia negligent design attorney

Manufacturers have a duty to manufacturer products that are reasonably safe for all intended and reasonably foreseeable uses. This is another way of stating that courts make manufacturers pay for injuries that juries think must have been prevented. When deciding if the manufacturer was negligent in designing the product, the jury considers the chances and likely severity of the injuries caused by the design against the increased burden of using a safer design. The parties often depend on expert witnesses whose testimony is used to show that the design selected was or was not reasonably safe.

Product manufacturers also have an obligation to exercise reasonable care in manufacturing their products. This type of claim can arise when the product was designed properly, however the particular product that resulted in the plaintiff’s injury did not conform to product specifications. Instances of negligent manufacturing claims are:
• poor assembly of products;
• use of component parts that did not conform to design specifications;
• failure to inspect component parts supplied by third parties for defects; and
• failure to inspect finished products and correct any products not conforming to product specifications.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

avannah, Georgia Negligence law firm

Negligence is the oldest theory of product liability. To recover under a negligence theory in Savannah, Georgia , a plaintiff must show four factors: duty; breach of duty; proximate cause; and injury. A defendant will be found negligent only if it had a legal duty to exercise reasonable care in its actions. One has a duty to exercise reasonable care when not doing so can result in an unreasonable risk of harm, provided that the injury to the claimant was reasonably foreseeable by the defendant. ‘Reasonable care’ is the extent of care that a reasonable individual would exercise under similar circumstances. Although this standard never differs, the level of care that will be found reasonable in the circumstances will differ proportionately with the danger involved. For example, a manufacturer of toys designed for use by infants will have a greater obligation of care in guarding against the risk that a child could swallow tiny pieces than would a manufacturer of construction kits for teenagers. Once the claimant has established that the defendant owed him or her a duty of care, the plaintiff must show breach of duty. This means that the claimant has to establish that the defendant failed to exercise reasonable care with regard to the plaintiff. While in most cases the duty of care is identified only by the breach, it is a separate element that the jury must determine before the claimant can go ahead with a damage claim in negligence.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

Product liability in Savannah, Georgia

Product liability in Savannah, Georgia is frequently described as the liability of a manufacturer, or other party in the chain of distribution, for personal injury, property damage or economic loss due to the sale or use of a product.

Product liability lawsuits in Savannah, Georgia typically include a complex array of theories, which may include:
• negligence in the design, manufacture or marketing of a product;
• strict liability in the design, manufacture or marketing of the product;
• breach of an express or implied warranty about the product;
• negligent or fraudulent misrepresentations about the product; or
• violation of a state consumer protection regulation.

For purposes of product liability, the term ‘product’ is not confined to the finished product alone. Also, ancillary items that impact either consumer expectations or product safety may constitute part of the product itself.

Product liability is not confined to manufacturers of final products, but impacts all parties within the chain of distribution. A product liability case may be initiated against not only manufacturers of products and their component parts, but various entities involved with the marketing, distribution and application of the product like distributors, dealers, representatives, retailers and, at times, purchasers or employers.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

Types of Damages in Savannah, Georgia

The various types of damages available in in Savannah, Georgia lawsuits are:
• Compensatory Damages – Damages which are meant, as much as possible, to place the claimant into the position he would be in if he not suffered the harm caused by the defendant’s wrongful conduct.
• Pecuniary Damages – Pecuniary damages mean the “out of pocket” losses suffered by the injured party.
• Non-Pecuniary Damages – Non-Pecuniary Damages refer to the expenses beyond “out of pocket” losses, such as damages for “pain and suffering”, “loss of enjoyment of life”, or “loss of consortium”.
• Punitive Damages – Also known as exemplary damages refer to damages meant to punish wrongful conduct. If or not punitive damages are available depends upon the law under which a cause of action arises. Few states do not allow punitive damages awards, or have a very limited approach to punitive damages.
• Nominal Damages – Nominal damage is an award of a small sum of money typically $1 to someone who has shown an injury, but has not been able to establish any losses that can be compensated.

Damages to Real Estate – Where real estate is damaged, for example as the result of harm to a physical structure, or due to a fire, economic damages can be assessed in the amount necessary to repair the damage. Based on the circumstances, damages may also be assessed by the effect of the harm on the property’s market value. It is often required to hire experts in these cases, and there are many appraisers who can give testimony as to the value of any real or personal property, or damage to a business interest.

Pain and Suffering – There is no fixed method of fixing the value of pain, or the ability to lead a normal, pain-free life. This is an area where a lawyer’s advocacy can have a huge effect on the amount of a damages award.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

Savannah, Georgia premises owner liability
Trespasser

A trespasser is the person who goes upon the premises of another without an express or implied invitation, for his or her own purposes, and when not performing of any duty to the owner. It is generally not necessary for the premises owner to provide that the trespasser had unlawful intent for making such an entry.

Where premises owners are not aware of the presence of trespassers, they generally have no duty to warn a trespasser of any dangers or to make their premises safe for the benefit of a trespasser. If a premises owner is aware of the presence of trespassers, the premises owner might be expected to exercise ordinary care in relation to the safety of a trespasser.

Public Roads and Sidewalks
Premises owners are typically responsible for clearing public sidewalks in front of their premises, and to maintain their premises so as not to pose a risk to the public who are passing by on the public street or sidewalk.

Non-Delegability of Duties
The duties of a premises owner are usually non-delegable. If the defendant remains in possession, the defendant cannot escape responsibility merely because he contracted with a company to look after maintenance. For example, a business will be responsible for the condition of its parking lot, although it has hired a landscaping company to look after the parking lot and to clear snow and ice. The landlord continues to be liable for the condition of the housing it owns, although it has contracted with a management company to look after all service and maintenance associated with the housing.

If you have a premises liability claim against some in Savannah, Georgia contact a premises liability lawyer.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer

Licensee

A licensee is an individual who is invited to enter 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 person in control of the premises. A social guest will be considered to be a licensee, not an invitee.

Generally, a possessor of premises is liable for physical harm suffered by the licensee because of a condition on the premises if, however only if, the claimant demonstrates the following three factors:
1. The possessor was aware of or ought to have known of the condition, ought to have understood that it involved an unreasonable risk of harm to the licensee, and ought to have expected that the licensee may not discover or realize the danger;
2. The possessor did not exercise reasonable care to make the condition safe, or to inform the licensee of the condition and the associated risk;
3. The licensee did not know or have reason to realize the condition and the connected risk.

For example, if a homeowner knows that one of the steps leading into the basement is broken but would not appear to be broken to a reasonably observant person, the homeowner might be liable to the guest who, without notice of that broken step, is injured since the step gave way.

If you are an licensee and have suffered injuries on another’s property, contact a Savannah, Georgia premises liability attorney.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

Savannah Car Wreck Lawyer, Truck Accident Attorney, Savannah Personal Injury Lawyer