Slip and Fall Lawyers in Macon, Georgia
Slip and Fall Lawyers in Macon, Georgia
Slip and fall accidents happen every day in Georgia. Some slip and fall accidents may seem minor and only result in bruising, but others can be catastrophic. Slip and fall accidents have the potential to cause significant injuries, including, but not limited to, the following:
- Broken, fractured or shattered bones;
- Head injuries, with some being traumatic in nature, such as a severe concussion and other traumatic brain injuries (TBIs);
- Back or spinal cord injuries;
- Knee or elbow injuries requiring surgery;
- Damage to internal organs or internal bleeding; and
Slip and fall injuries lead to over one million hospital visits in the United States each year. As such, slip and fall injuries are much more common than many people realize, causing a great deal of pain, anguish, and expenses.
At Montlick & Associates, Attorneys at Law, we understand how serious slip and fall injuries can be and the substantial impact they can have on a person or loved one’s life. Our law firm has more than 38 years of experience representing injured individuals in the Macon area, fighting to obtain for our clients the most financial compensation possible under the law for their injuries.
What Creates Liability in a Slip and Fall Case in Macon, Georgia?
Under Georgia law (Title 51, Chapter 3, Article 1), a property owner or occupier (such as a renter or lessee) can be found liable for slip and fall injuries sustained on the property if the property owner or occupier fails to exercise ordinary care in keeping the premises and approaches safe. Under the law, a store owner has a duty to ensure the store premises are safe and free from hazards. A common slip and fall accident occurs when a customer slips on liquid that has not been cleaned up and is not marked with a warning of the hazard, such as a safety or caution sign. In such cases, depending on the circumstances, a store owner can be found liable if the slip and fall resulted in injuries.
Under the rule of “superior knowledge,” the property owner is liable when he or she has knowledge of a dangerous condition that people entering the property, such as customers or guests, would have no reason to know about, and an injury occurs as a result. When property owners do not take the appropriate steps to remedy the dangerous condition or provide people entering the property with an adequate warning of its existence, such property owners are violating their duty of care to others and committing negligent conduct that leads to serious injuries and sometimes death.
Who is Eligible to Receive Compensation?
Georgia law is designed to protect those invited to the premises for “business purposes” from negligence. This would include customers in stores, patrons in restaurants, tenants and their guests in apartment complexes, and others. Georgia law is not designed to protect trespassers, who have no lawful right to be on the property, from negligence. If a trespasser suffers injuries from slipping and falling on another’s property, he or she likely would not be eligible to receive compensation for his or her personal injuries.
Establishing Fault in a Macon, Georgia Slip and Fall Case
In order to prove that another person or company negligently caused you to slip and fall, resulting in injuries, you must directly link the negligent party's conduct to your fall. Examples include the following:
- The owner, agent, or employee of the building or premises where the slip and fall occurred actually caused the conditions that led to the slip and fall, such as knowingly or negligently leaving standing liquid on the floor, having torn edges on the carpet or flooring that make for an uneven surface, and untreated icy surfaces, among other examples; or
- The owner, agent, or employee knew or should have known that dangerous conditions existed that could cause an individual to slip and fall and become injured and, in turn, did not take the necessary steps to cure the defect.
If it is shown that the owner, agent, or employee of the premises was aware of certain conditions that could cause slip and fall injuries and failed to take any steps to make the conditions safe, an injured plaintiff likely can establish fault. Further, even if the owner, agent, or employee of the premises were not aware of the dangerous conditions, if a reasonable owner, agent, or employee would have been aware of the dangerous conditions in the same or similar circumstances, then an injured plaintiff can demonstrate liability. This is called the "reasonable person standard" and is used to measure if a person or company’s conduct arose to negligence.
It is also important that the plaintiff also knew less about the hazard than the property owner. If the plaintiff has “equal notice” to that of the owner/occupier, than Georgia law will generally prevent the plaintiff from obtaining compensation. For example, if a person sees an employee mopping a floor, then afterwards steps over the area of the wet floor, it can be difficult to prove that the property owner was negligent. Another example of this concept would be if a warning, such as a caution or hazard sign, was present near the defect at the time that the person sustained an injury. This is why it is so important to not only prove that the property owner knew or should have known of the hazardous defect, but that his/her knowledge was superior to that of the injured person.
Why You Can Benefit from Our Macon, Georgia Personal Injury Attorneys by Your Side
Slip and fall cases can be difficult to prove, subject to the availability of evidence. Depending on the case, it can take the thorough evaluation and diligence of a knowledgeable Georgia personal injury attorney to connect the dots and link a negligent party's conduct to your injuries. Slip and fall cases are stronger when there is documentation that an incident and injury actually occurred. For example, if there are store security cameras and eyewitnesses to verify that a slip and fall happened and the injury resulted because of dangerous conditions on the premises, then the case has a greater likelihood of success. Our Macon slip and fall attorneys are knowledgeable about Georgia’s premises liability laws as well as what is required to prove liability in these types of cases. Moreover, our attorneys, in the appropriate cases, interview witnesses, photograph accident scenes, and notify businesses to preserve important evidence.
Statute of Limitations for Slip and Fall Claims in Macon, Georgia
It is always important to remember that there are strict time limits placed on the ability to collect compensation in a personal injury case. In Georgia, an injured individual is generally required to file their claim within two years of the of the incident, but statutes of limitation vary by state. Moreover, in Georgia, cases against the government or municipalities involve other deadlines. Failing to file within the statute of limitation can prevent a person with an otherwise legitimate claim from being able to seek compensation for their injuries. There are also other factors involving deadlines that can affect your claim, such as filing timely claims with insurance companies and preserving important evidence and witness testimony. If you have sustained injury in slip and fall incident in or near Macon, Georgia, contact Montlick & Associates to discuss your claim with an experienced personal injury attorney to learn about your legal rights as well as what steps can be taken to protect those rights.
Put Our Law Firm's Over 38 Years Of Legal Experience To Work For Your Case!
If you have been injured in any type of incident caused by someone else's negligence, contact Montlick & Associates today for your free consultation. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 38 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333