Georgia State Senator Hospitalized Following Slip and Fall Accident


November 23, 2010

Georgia State Representative Rusty Kidd was injured last week as someone tried to assist him down the stairs in his wheelchair. The person who was trying to render assistance slipped and fell on top of Kidd. Kidd suffered neck injuries and was taking to Piedmont Hospital. The extent of Kidd's injuries is still unclear, but further tests are being conducted. Preliminary reports are that Kidd could eat and that he had full movement of his arms. Kidd has been in a wheelchair since he suffered severe spinal injuries in a motorcycle accident in 1999.

At Montlick and Associates, Attorneys at Law, we have been representing Georgians injured in slip and fall accidents throughout Georgia for over 25 years.

Many people mistakenly believe that slip and fall accident lawsuits are relatively simple. Some slip and fall accident victims even believe that they do not need an attorney. Despite this common perception, an individual that attempts to represent oneself in a slip and fall lawsuit may quickly find that things are much more complicated. Slip and fall accidents in Georgia require a detailed factual inquiry, so collecting and preserving the necessary evidence, including reluctant employee witness statements, can have a decisive influence on one's slip and fall claim. However, evidence of the condition of the floor as well as the routine for making sure that an establishment's floor is clear of obstacles or slippery substances is information that is primarily within the control of the property owner.

A slip and fall victim's right to compensation in Georgia is largely influenced by the reason a person is on the property. A person who trespasses on a landowner's property will typically have limited ability to successfully seek compensation in a lawsuit. However, a landowner owes a duty of ordinary reasonable care to keep premises safe for those invited on the property for the benefit of the property owner. Examples include shopping malls, grocery stores and restaurants. The other key factor is whether the property owner knew or should have known of the hazard. If an air conditioning unit tends to leak and make the floor damp in a particular area over a period of time, the failure to fix the leak or put out "wet floor" type warning signs may be a basis for imposing liability. If an air conditioning unit has suddenly malfunctioned causing a wet spot on the floor, the procedures in place for keeping the floor clean and clear of debris, any knowledge of the leak by employees, and the obviousness of the hazard all may be important factors in determining liability.

Few property owners will admit to actual knowledge of a hazard. It can be important to carefully investigate and interview employees and others who are present, to review surveillance video and past accident reports as well as other evidence to establish that the property owner was aware of the potential danger. Where no such evidence exists, an experienced Georgia slip and fall attorney will use available evidence to establish "constructive knowledge" of the unsafe condition. This may be established by showing that the business had no policy for conducting reasonable inspections or that the procedure was not followed. These cases require extensive investigation of evidence including the company's records regarding inspections and past accidents.

At Montlick and Associates, Attorneys at Law, we have been representing victims of slip and fall accidents in shopping malls, restaurants, and grocery stores throughout Georgia for over 25 years. If you or someone you love has been injured in a slip and fall accident in Atlanta or anywhere in Georgia, our Georgia slip and fall lawyers can help. We are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com. No matter where you are in Georgia, we are just a phone call away, and we will even come to you.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.