Slip and Fall Personal Injury Cases in Georgia


March 11, 2017

Tripping and falling is not an uncommon thing. When we slip and fall, we often get back up with only minor injuries and possibly a bit of embarrassment. However, there are situations where a slip and fall can lead to very serious injuries, including broken bones or concussions. In addition to the pain and suffering that can result from these injuries, there can also be costly medical bills or even lost income. At times these situations are simply unfortunate accidents where no one can really be blamed, or where the injured person is actually the only one who can be considered responsible for their own injuries. Other times, though, serious falls and the resulting injuries can be the result of a hazard that someone else created, or was aware of, and failed to remedy the defect, despite the fact that they had a duty to do so. In these cases, Georgia has laws that give the injured individual the opportunity to be compensated by the responsible party for the injury that he or she has suffered.

In Georgia, there are three things a plaintiff must prove in a slip and fall case in order to recover for the injuries he or she suffered. Namely, they must show that the defendant owed them a duty, that the owner of the property breached that duty, and that the breach of that duty is what caused the plaintiff's injury. Georgia follows what is known as the rule of "superior knowledge." Under this principle, if the property owner, such as the owner of a commercial property, or a landlord, has knowledge of a hazard on his/her property, then the property owner has a duty to warn the public or to remedy the dangerous hazard so that it was not presenting a risk of injury to others. 

If a property owner fails to cure a defect on the property, he/her may be deemed to have breached its duty to others if someone becomes injured due to the hazard. This would be the case if, for instance, the property owner did not let people know about a hole on the lawn that the property owner was aware of, but was not obvious to anyone walking through the grass. In this scenario, if a person were to be injured because he or she fell in the hole, then the owner could potentially be found liable for the victim's injuries. Under superior knowledge, the injured person would have a more difficult time proving liability if the hazard was obvious or visible.

If you suffered injuries as the result of a slip and fall, you likely have some questions regarding as to whether you may be entitled to compensation for your injuries. You should consider reaching out to an attorney at Montlick & Associates to discuss the specific facts of your claim and to determine your best course of action to protect your legal rights.

Put Our Law Firm's Over 33 Years of Legal Experience to Work For Your Case!

Do not delay in seeking legal assistance, as you have a limited amount of time to pursue a claim. Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three 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 (404) 529-6333
Toll Free: 1 (800) LAW-NEED
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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.