Challenges You May Face in Your Georgia Slip and Fall Case


December 22, 2015

Slip and fall accidents occur year round across the state of Georgia. Common locations for slip and fall accidents include grocery stores, sidewalks, malls, other retail locations, restaurants, stairways, parking lots, and more. Some slip and falls will result in just minor injuries but others can create tremendous problems that can be lifelong.

At Montlick and Associates, Attorneys at Law, our Georgia personal injury lawyers understand the difficulties that slip and fall accident victims can face in bringing their case against the party responsible for their injuries. Our firm strives to help clients overcome these challenges and bring a strong slip and fall accident.

The Elements of a Slip and Fall Accident in Georgia

In order to succeed with a slip and fall claim, you must establish the elements necessary to prove the action. The elements of a slip and fall case can prove challenging for some plaintiffs to meet. First, you must establish that the owner or occupier of the land (such as a tenant) owed a duty to you. The duty owed will depend upon your relationship to the owner of the property. For instance, if you are on a property for business purposes, which would include nearly any store, you are considered an invitee. A property owner in Georgia has the duty to exercise ordinary care to make their premises safe and free of hazardous conditions for invitees.

Once you have established the duty element, you must then prove the property owner breached this duty. There are several different ways to prove this element and it will depend in part on the circumstances of the fall. One way to prove a breach is establishing that the property owner knew of the dangerous condition that caused your fall, but did not rectify it. Knowledge can either be actual or constructive. To prove constructive knowledge, you can demonstrate that the condition existed for a period of time such that the property owner should have known of its existence.

Constructive knowledge will often be the crux of a Georgia slip and fall case because actual knowledge is usually difficult to prove. There are several pieces of evidence that will allow a plaintiff to successfully prove constructive knowledge. One item would be prior complaints from customers or others as to the existence of the condition. Another piece of evidence could be the appearance of the condition that caused your fall itself. For instance, if you fell on a dropped bunch of grapes at the supermarket, did the grapes look like they had laid there for some time?

Your final element is caution, which requires proof that the dangerous condition caused your injuries. Your personal injury attorney will prove essential in establishing each of these challenging elements so that you can obtain the compensation you deserve.

Montlick and Associates, Attorneys at Law: Assisting Injured Slip and Fall Accident Victims Across the State

If you or a loved one has suffered an injury in a slip and fall accident, contact the Georgia Personal Injury Lawyers at Montlick and Associates, Attorneys at Law. Our dedicated law firm provides professional assistance to accident victims across Georgia and in the Southeast. We have over 30 years of experience and strive to provide you with the representation you need to mount your strongest case. The sooner you act after your accident, the greater your chances of obtaining a full recovery. As such, it is important that you seek the assistance of a licensed lawyer as soon as possible. Call Montlick & Associates, Attorneys at Law, 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.

Source:
http://law.justia.com/codes/georgia/2010/title-51/chapter-3/article-1/51-3-1

 

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.