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Break and Give Way

When you lean on a rail or walk on a path, you should be able to do so with reasonable certainty that it will do its’ job and support you. This is why, according to the law, it is the responsibility of the property owner to properly maintain the stability of the rails and surfaces on their property to ensure the safety of those who visit them. If a property owner fails in this responsibility, and their neglect causes injuries to someone, that person may be able to file a lawsuit and recover damages under the legal principal of premises liability.

A railway giving way is especially dangerous, and is increasingly so depending on how high of a drop it was meant to protect from. Falling from any height can lead to broken bones, a concussion, and a generally expensive visit to the emergency room. As the existence of a rail highlights the danger presented, and the potential for injury is so great, a skilled personal injury attorney Atlanta GA counts on would likely be able to build a strong case. However, if the injured person may significantly hinder their case if they were acting carelessly when their injuries occurred. Careless behavior might include using excessive force on the rail, climbing on the rail, or otherwise pushing the limitations of the rail.

Crumbling paths or walkways pose a significant tripping hazard, and a poorly maintained path giving way can be almost impossible for a passerby to avoid. In fact, generally speaking, any object that is supposed to contribute to the safety of others and fails to do so due to poor maintenance can be the grounds for a strong premises liability case.

The importance of an attorney in such a case cannot be stressed enough. Legal proceedings are stressful and lengthy, and a person in the process of healing from a significant injury should not have to add that to their list of worries. If you have been the victim of an accident due to something breaking or giving way on someone else’s property, bring a skilled premises liability attorney to your side and rest easy.


AAThanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into break and give way.

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Steve Harrelson
Steve Harrelson
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