Peachtree City Slip and Fall Attorney
When a person visits a property, they have an expectation that they will be safe. Property owners have a responsibility to protect the public from dangerous hazards. When they neglect this responsibility, it increases the risk of an accident, particularly a slip and fall accident, which can result in major injuries. If you’ve suffered a slip and fall injury on someone else’s property, a Peachtree City slip and fall lawyer can help you.
What Is a Slip and Fall?
A slip and fall accident is when someone is injured on someone else’s property due to a hazard or another unsafe condition on the premises, such as a wet floor. In Georgia, property owners have a responsibility to maintain safe premises for visitors. This includes removing hazards from the property when they arise. Some common causes of slip and fall accidents include:
- Wet floors: Spills, leaks, and slick substances, such as fresh cleaning products, can cause floors to be slippery and harder to walk on without falling. When a floor is wet, property owners should post wet floor signs to inform the public and clean up any spills as soon as possible.
- Poor lighting: When stairways, parking lots, and halls are poorly lit, it can be especially difficult for people to see properly. This can cause someone to miss a hazard they would have seen in a properly lit space, resulting in a slip and fall.
- Cracked or uneven floors: Examples of this include cracked pavement, worn carpet, or broken tile. Property owners have a duty to protect the public from these uneven surfaces.
- Lack of signage: Property owners should have proper signage, such as a wet floor sign, to inform the public of floor hazards.
- Blocked pathways: Pathways can be blocked by cords, ladders, construction equipment, debris, or furniture, making the environment more challenging to navigate.
Elements of a Slip and Fall Claim
If you have been injured by a slip and fall, you may have the right to file a claim under premises liability. Premises liability in Georgia holds property owners responsible for injuries that occurred on their premises due to negligence. To file a claim, you must prove the following:
- The property owner had a duty of care: You must prove that you were legally on the property, and the property owner had a duty of care owed to you, meaning they should have taken precautions to fix any hazards.
- The property owner was negligent: You must show that the property owner was negligent in correcting any hazards, including neglecting to post wet floor signs or failing to fix a broken step.
- The property owner’s negligence caused your injury: There must be causation between your injury and the property owner’s negligence. Evidence that can help support this claim includes maintenance records or surveillance footage.
- There are documented injuries: You must show the extent of your damages through documented proof, such as medical bills and lost wages.
Damages for a Slip and Fall Injury
If you suffer a slip and fall injury, you may be entitled to compensation for your damages. Some damages you can claim include:
- Medical bills: If your injuries resulted in the need for medical attention, you could file a claim for the expenses you incurred. This can include any surgeries, physical therapy, emergency room stays, prescription medications, and rehabilitation needs associated with your injury.
- Lost wages: If your injury caused you to miss work, you could add this loss of income to your claim. This includes time you missed work during the injury, as well as subsequent days off, such as if your doctor instructs you to tend to your injuries at home for a few weeks. It can also include any future income loss, particularly if the injury results in long-term disability and affects your ability to work in the future.
- Pain and suffering: Pain and suffering include physical pain and emotional suffering endured as a result of the injury. This is a non-economic damage that is awarded based on the circumstances of your case. There is no limit in Georgia for personal injury claims, so award amounts are based on your individual situation.
FAQs
Q: How Much Are Most Slip and Fall Settlements?
A: The amount of a slip and fall settlement is unique to the individual case. There are many factors that influence the amount of a settlement. Some of these include the extent of your injuries, the level of negligence and responsibility of the property owner, and the extent of your financial losses (such as medical bills and lost wages).
Q: What Should I Do Immediately Following a Slip and Fall Accident?
A: If you suffered a slip and fall accident, seek medical attention right away, especially if you have immediate pain or injuries. Gather any documentation from your doctor, including a diagnosis and medical bills. Report the injury to the property owner and document the scene of the injury if you can. Photos of both your injuries and the hazard can be valuable evidence.
Q: How Does a Slip and Fall Claim Work?
A: In a slip and fall claim, the plaintiff files a claim against the property owner, accusing them of negligence leading to their slip and fall. The plaintiff must demonstrate that the property owner owed them a duty of care, breached that duty, and the breach caused their injuries. The defendant may contest that the plaintiff shared fault or that there was sufficient notice of the hazard. The case may go to trial if matters cannot be resolved outside of court.
Q: What is The Law for a Slip and Fall in Georgia?
A: In Georgia, slip and fall accidents fall under premises liability law. Under premises liability, property owners have a duty of care to protect visitors from dangers and hazards while on their property. If they fail to exercise this duty, they can be liable for injuries sustained while on their premises and may have to pay for damages.
Contact Trammell & White Today
If you have suffered a slip and fall, we can help you receive the compensation you need to move forward. Contact Trammell & White today to get started.