Athens Slip and Fall Lawyer

Athens, GA Premises Liability Injury Attorneys

Who is Responsible?

In Georgia, an “owner or occupier” of land can be liable for damages to an injured person if they fail to “exercise ordinary care in keeping the premises and approaches safe.” This protection applies to anyone entering the land for a “lawful purpose” including, by way of example, visitors or customers in a shop or tenants in an apartment building. If a person is trespassing, the landowner owes a much lower standard of care, although there are exceptions. For example, minors trespass can be treated differently than adults depending on the circumstances.

A rule referred to as “superior knowledge” creates liability in cases where the owner has more knowledge about a dangerous condition than people entering the property would, and yet fails to remedy the dangerous condition or warn people of its existence.

Some examples of premises liability claims include a person falling because of a slippery floor or a broken stair. The property owner also has a duty to warn of high voltage areas, and to prevent heavy objects, such as light fixtures or pieces of ceiling, from falling on someone’s head. In what are known as “negligent security” cases, a property owner can be held liable for the violent criminal actions of other people on the property. For example, a hotel located in an area where violent crimes are frequently committed normally has a duty to take safety precautions for its guests.

Could I Be At Fault for Not Being Careful Enough?

Often, there is more than one cause of an accident. Perhaps the floor was slippery, but you were in a hurry and that was part of the reason that you did not notice the state of the floor. Even further, your speed contributed to the severity of your injuries.

In Georgia, if you were part of the cause of your own injuries, you can still recover from a negligent property owner so long as a court finds you to be less than 50% at fault. This is because Georgia practices a modified form of what is called “comparative negligence.” Under the modified comparative negligence doctrine, an injured person who is 20% responsible for his or her injuries can still collect 80% of the damages. In a claim worth $100,000, this would mean you could collect $80,000 from the property owner. However, if you are 50% or more liable for your own injury, you cannot collect anything under Georgia law.

Experience is Everything

Our attorneys have been handling premises liability claims in Athens, Georgia for 40 years, and we know how quickly evidence disappears in these types of cases. For example, camera footage can be erased, witnesses may move out of the state, and negligent employees of property owners may change jobs. This is why immediate preservation of evidence in such cases is so important. Our premises liability attorneys work hard on behalf of each injured client in order to document their injuries and pursue their claims. Injured victims can be entitled to medical expenses, lost wages, pain and suffering, punitive damages in some cases, and more.

Georgia’s Statute of Limitations for Personal Injury Claims

In Georgia, the statute of limitations generally gives injured individuals two years to file a claim following the accident that caused the injuries. If a slip and fall leads to a death, then the family is normally allowed two years following the death of the individual to file a claim. However, there are exceptions to these deadlines, making them potentially longer or shorter, so a free consultation with a Montlick attorney is always your best way forward.