North Georgia Slip & Fall Lawyers
Dedicated Legal Advocacy in Fulton County & Cherokee County
Have you slipped and fallen in a public or commercial building? If so, you may be able to recover compensation for your injuries. Slip and fall accidents are one of the most common types of personal injury accidents. Perrotta, Lamb & Johnson, LLC, can help you get the compensation you deserve.
What Is Considered a Slip & Fall Accident?
A slip and fall accident refers to a personal injury incident that occurs when an individual slips, trips, or falls on someone else's property due to hazardous conditions. These accidents can happen in various locations, such as public places like stores, restaurants, or sidewalks, as well as private residences or workplaces.
The key elements of a slip and fall accident are as follows:
Dangerous Condition: There must be a hazardous condition present on the premises where the accident occurs. This can include wet or slippery floors, uneven surfaces, inadequate lighting, torn carpets or mats, debris or obstacles in walkways, or other similar dangers.
Property Owner's Negligence: The property owner or occupier must have been negligent in maintaining or addressing the dangerous condition. Negligence may involve failing to repair a known hazard, failing to adequately warn visitors of the danger, or not taking reasonable steps to prevent accidents.
Injury: The slip and fall accident must result in an injury to the person who fell. Common injuries include fractures, sprains, head injuries, spinal cord injuries, bruises, or cuts.
Elements in Proving a Slip & Fall Accident
To prove a slip and fall accident in Georgia, you generally need to establish the following elements:
Actual or Constructive Knowledge
Under Georgia law, you must demonstrate that the property owner or occupier had actual knowledge of the hazardous condition that caused your slip and fall, or that the condition existed for a sufficient period that the property owner should have discovered and corrected it in the exercise of reasonable care.
This can include showing that the property owner created the dangerous condition, knew about it but failed to address it, or that the condition was present for a significant amount of time so that the property owner should have known about it.
You need to establish that the hazardous condition and the resulting slip and fall were reasonably foreseeable. This means showing that a reasonable person in the property owner's position would have anticipated the possibility of such an accident occurring and taken steps to prevent it.
You may need to prove that the property owner had actual or constructive notice of the dangerous condition. Actual notice means they were aware of the hazard, while constructive notice means they should have been aware of it through reasonable inspection or maintenance practices.
Lack of Warning
If there was a hazardous condition that was not obvious to a reasonable person, you must demonstrate that the property owner failed to provide adequate warning signs or notices to alert visitors to the potential danger.
Georgia follows a modified comparative negligence rule, which means that if your own negligence contributed to the slip and fall accident, your compensation may be reduced in proportion to your percentage of fault. You may need to show that your actions were reasonable and that any negligence on your part was not a significant contributing factor to the accident.
A slip and fall accident occurs when someone trips, slips, or otherwise loses their balance and falls due to an unexpected hazard or condition. Slip and fall accidents can occur anywhere: in a grocery store, on a public sidewalk or road, in an office building, or even on a private property owner's premises.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can occur due to various factors and some of the common causes include:
Wet or Slippery Surfaces: Spills, leaks, wet floors, freshly mopped or waxed surfaces, or icy conditions can make surfaces slippery and increase the risk of slipping and falling.
Uneven or Damaged Surfaces: Cracked or uneven flooring, loose floorboards or tiles, torn carpets or mats, potholes in walkways, or uneven pavement can cause individuals to trip and fall.
Insufficient Lighting: Poorly lit areas can make it difficult to see potential hazards and obstacles, increasing the chances of tripping or losing balance.
Hazardous Walking Areas: Cluttered pathways, debris, objects or obstacles obstructing walkways, cords or wires across floors, or improper storage can create dangerous conditions that lead to slip and fall accidents.
Inadequate Warning Signs: Failure to provide proper warning signs for wet floors, construction zones, or other potentially dangerous areas can increase the risk of accidents.
Stairs and Steps: Broken or poorly maintained steps, lack of handrails, inadequate step height or depth, or slippery stair surfaces can result in trips and falls.
Weather Conditions: Snow, ice, rain, or leaves on walkways or entryways can make surfaces slippery and pose a risk of slip and fall accidents.
Improper Footwear: Wearing unsuitable footwear, such as shoes with worn-out soles or high heels, can reduce traction and stability, making individuals more prone to slipping and falling.
Negligence in Maintenance: Failure to inspect and maintain premises regularly, repair known hazards promptly, or follow appropriate safety protocols can contribute to slip and fall accidents.
Inadequate Training or Safety Measures: Lack of employee training on proper safety procedures, failure to implement necessary safety measures, or inadequate supervision in public places can increase the likelihood of slip and fall accidents.
What Damages Can I Recover in a Slip & Fall Accident Lawsuit?
The damages you can recover in your slip and fall accident lawsuit will depend on the severity of your injuries. If you suffered only minor injuries, such as a few cuts and scrapes, you may be able to recover compensation for your medical bills, lost wages, and other out-of-pocket expenses.
If you suffered a severe injury, such as a fractured bone or traumatic brain injury, you may be able to recover damages for:
- Medical expenses
- Lost wages
- Permanent disabilities
- Pain and suffering
- Loss of consortium
- Property damage
Slip and fall accidents are some of the most commonly-sued types of personal injury lawsuits. Property owners and managers are often liable for the slip and fall accidents that occur on their premises.
What Are the Steps to Take After a Slip & Fall Accident?
If you slip and fall on someone else's property, you have a limited amount of time to take action. You only have two years from the date of the slip and fall accident to file a lawsuit against the property owner or manager. If you are unable to file a lawsuit on your own, you can hire a personal injury attorney to represent you.
After you slip and fall:
- Get medical attention
- Report the accident to the property owner or manager
- Contact an attorney
You should get medical attention as soon as possible after a slip and fall accident. Even if you do not think you have any serious injuries, you should be examined by a doctor.
You should also report the accident to the property owner or manager as soon as possible. The property owner or manager may try to deny liability if they do not know about the accident. If you have proof that you reported the accident, you may have a stronger case.
Get Help Filing for Your Slip and Fall - Call Us!
If you slipped and fell on someone else's property, you may be able to recover compensation for your injuries. At Perrotta, Lamb & Johnson, LLC, our North Georgia slip and fall lawyers can help you.
"Tony Perrotta is an amazing attorney. He makes himself available to help you with any need or concern you have."Meleigha Passley
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"I can’t thank Jason and his staff enough for what they’ve done for me. I am very grateful for them and couldn’t be happier with my decision to have them represent me."Anthony Costello
"Mr Anthony Perrotta and Mr Greyson Oswalt-Smith are the absolute best! I absolutely cannot recommend them enough, they jumped on my case from day one, gave me updates every step of the way and truly made me feel like they were there specifically for me and"Tim Vandyke
"I went through a tough divorce and custody battle for my son. Jason Johnson exuded both professionalism and stability throughout the entire process."Thaddeus Wilson
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