Premises Liability

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Georgia’s Made Whole Doctrine


In any personal injury settlement a client’s first question is how much of the settlement will go in my pocket?  Hiring an excellent attorney to handle your claim is important but it is also important your attorney handle the resolution of everyone’s claim who has their hand out asking for a piece of your hard-won settlement or judgment.

An example, in Georgia medical insurers or benefit providers have a right to be reimbursed for the money they pay out to medical providers for your injury.  In Georgia it is important to be aware of the “made whole doctrine”, O.C.G.A. 33-24-56.1.  In short, recovering money is not enough for an insurance company to get a piece of your settlement.  You have to be made whole, meaning you have recovered all your economic and noneconomic damages.   If you did not get every dollar you lost by being injured than you should not have to pay the insurance company back.  There are a few exceptions to this, for instance if you are insured under an ERISA insurance plan or a policy that is self-funded by your employer.

Premises Liability: Apartment Complex’s Duty to Provide a Safe Place to Live


Premises liability law in Georgia, O.C.G.A.51-3-1, requires an owner of an apartment complex to exercise care in keeping your apartment complex premises and outside area safe.

If you have been injured at an apartment complex, contact Andrew Lynch today to review your case: 404-373-7735!

Failure to properly repair the inside or outside of your apartment can lead to your apartment complex or landlord to being responsible for any injuries you suffer.  This duty to keep your safe extends to your friends and family who are visiting you.  In fact this legal requirement extends to anyone at your apartment complex for a lawful purpose, such as a repair man or mail man.

To recover for a injury, for example a fall, you and your attorney have to work together to show to the court or insurance company that the owner of the property should have been aware of the problem that injured you and should have fixed it.

This even includes a duty to prevent you from being a victim of a violent crime that could have been prevented with adequate security.  There may be a case against your landlord if strangers can enter and exit your apartment complex without going through a gate or security, if there are not working cameras, or generally the security is in such a terrible state that it is if your apartment is inviting criminals to come into your complex and prey on the residents and their guests.

If your landlord does not properly take care of your apartment complex and you are injured because of it, you are entitled to recover your medical bills, lost wages, and money damages for your pain and suffering.

If you have been injured at an apartment complex, contact Andrew Lynch today to review your case: 404-373-7735!