Premises Liability Defense
Atlanta, Georgia Premises Liability Defense Litigation and Trial Lawyers
The law firm of Austin & Sparks has decades of experience handling premises liability cases throughout the State of Georgia in both State and Federal Courts. Accidents happen. People trip, and people fall. Unfortunately, many people necessarily equate a trip or fall on the property of another with fault of that property owner. Of course, this is not the black letter law of Georgia, and there are certain elements that must be shown by a Plaintiff in a case involving premises liability. Once a lawsuit is filed, it is essential to have experienced attorneys who know how to properly litigate a premises liability case, and take it to trial if necessary. From the very inception of a lawsuit, our attorneys research the current status of the law on premises liability, as it is constantly in a state of flux, and it is critical to know today’s law, and not the law that controlled a decade ago. Next, great care is spent in preparing written discovery for service upon the Plaintiff, as cases involving premises liability are heavily dependent on who knew what, and when they knew it. “Boilerplate” discovery cannot be used, and specific questions must be tailored to fit the facts of the incident in question. The same rings true with depositions. A premises liability deposition needs to probe deeply into what the Plaintiff knew. In many instances, our sifting discovery techniques show that the Plaintiff had knowledge of the hazardous condition which allegedly caused his/her injury. This prior knowledge makes a jury trial less likely. Once depositions and discovery have come to an end, we routinely file a Motion for Summary Judgment with the Court asking it to toss the case out based upon the fact that there is nothing for a jury to decide. Again, it is imperative that the attorneys filing such a Motion have garnered sufficient evidence and testimony supporting that Motion. If the right questions are not asked from the onset of litigation, it is likely that the Motion will be denied. Quite simply, the success of the Motion is entirely dependent on the discovery process – a process that the law firm of Austin & Sparks takes very seriously.
Should a premises liability case proceed past the Motion, our attorneys are prepared for further battle. By that point, we have already researched the Plaintiff’s medical history, his/her social media pages, and his/her criminal background in order to assess the true value of a case. Once all facts have been developed, we often use a mediator in an attempt to settle a case without the need for an expensive trial. In many instances, we find that this is an effective strategy, and yields superior results. However, if a trial becomes necessary, our attorneys have the confidence and skill to successfully present a case involving premises liability to a jury in either Federal or State Court. Countless defense verdicts have been returned in favor of our clients. Even when money is awarded by the jury, the award is often less than the last demand.
Contact the law firm of Austin & Sparks today for an initial consultation regarding the defense of premises liability claims.