A store, restaurant, hotel, or other Georgia business does not always close during renovations. Customers may continue entering while flooring is replaced, fixtures are moved, walls are repaired, or portions of the property are blocked for construction.
The work may be temporary. An injury caused by the changing environment may not be.
When a business remains open during renovation, determining responsibility for a serious customer injury can require examining how the work affected areas still being used by the public and who controlled the condition that caused the harm.
Renovation Can Change a Familiar Space Overnight
Customers generally navigate businesses based on the environment in front of them. Renovation can make that environment unpredictable.
Potential hazards may include:
- Uneven or unfinished flooring.
- Temporary ramps or changes in elevation.
- Exposed cords, equipment, or materials.
- Narrowed walkways.
- Poor lighting in altered areas.
- Temporary entrances and exits.
- Construction dust or debris on walking surfaces.
- Barriers that redirect customers into unfamiliar routes.
Someone who visited the same business days earlier may encounter an entirely different path once work begins.
The temporary nature of a hazard does not necessarily make its consequences less serious. A fall can result in traumatic brain injuries, spinal trauma, fractures, or other injuries with lasting effects.
Who Controlled the Area Where the Injury Happened?
Renovation projects often involve more than the business occupying the property.
A property owner may hire a general contractor. Specialized subcontractors may perform flooring, electrical, painting, or other work. The tenant may continue controlling portions of the premises while contractors control active work areas.
After an injury, identifying which company created, knew about, or controlled the dangerous condition can become important.
Contracts, work schedules, photographs, surveillance footage, inspection records, and communications between the business and contractors may help establish who was responsible for the area when the customer was hurt.
A Warning Does Not Automatically Answer Every Question
Businesses may use cones, signs, temporary fencing, tape, or other warnings during renovation.
Whether those precautions were adequate depends on the circumstances.
A sign near the entrance may warn customers that construction is underway without identifying a specific flooring change farther inside. A barrier may identify one hazard while unintentionally directing customers toward another. A warning can also be difficult to see because of its placement, lighting, or surrounding activity.
The existence of a warning is therefore one piece of the investigation. Its location, wording, visibility, and relationship to the actual hazard may all matter.
Temporary Conditions Can Leave Evidence That Disappears Quickly
A renovation site can look completely different shortly after an injury.
Flooring may be finished. Equipment can be moved. Barriers may be repositioned. Debris can be removed, and the customer route through the property may change again.
That makes evidence showing the condition at the time of injury especially important.
At Ashby Thelen Lowry, our Atlanta personal injury attorneys investigate serious injuries during business renovations by examining the specific hazard, how customers were routed through the property, who controlled the area, and what precautions were in place.
If you or someone you love suffered serious injuries while visiting a Georgia business undergoing renovation, call (404) 777-7771 or contact us online to discuss what happened and learn more about your legal options.