Georgia Slip and Fall Law FAQs
Our Experienced Georgia Slip and Fall Lawyers Answer Common Slip and Fall Law FAQs
Injuries resulting from slip and falls are the number one cause of emergency room visits in the United States. Sometimes serious injuries can result from a fall, leading to the need for extensive medical treatment, physical therapy, and missed work. While falls are sometimes nothing more than an accident, there are times when injuries from falls can be attributable to another person’s negligence. In these cases, the injured person might be able to collect compensation for his or her injuries by pursuing a premises liability claim, including compensation for medical expenses, lost wages, Pain and Suffering, and more.
When is a store legally liable in a slip and fall claim?
Under certain circumstances, businesses can be held liable when a person, or invitee, suffers an injury from a fall on their premises. To hold the business liable, a plaintiff must prove that the business knew or should have known of a hazard and failed to repair the hazard that caused the victim's injuries. For instance, if a customer slipped because there was a liquid spilled on the floor, and the liquid was there for an hour, or if someone had alerted the shop to the existence of the liquid and the store failed to clean the spill, then the store could be liable. If the spill only happened seconds before the person fell, then it is unlikely that the store would be liable because they would not have had the opportunity to remedy the situation, unless of course, an employee of the store caused the spill.
It is also important in any premises liability claim that the plaintiff did not know of the hazard before the incident or that he/she knew less about the hazard than the defendant. For instance, a premises liability claim can be defeated by a defendant when a caution sign is present in the area of the hazard, or if the hazard is deemed "open and obvious." These examples refer to concept called "superior notice," meaning the plaintiff must demonstrate that the defendant was in a better position to discover and repair a hazard than the plaintiff could avoid it.
Can I hold a friend or acquaintance liable if I fall in their home?
It is typically difficult to pursue a claim against a friend or an acquaintance because the relationship between the plaintiff and defendant determines the standard of care. Normally, a social guest is considered a "licensee," meaning th owner/occupier is only responsible for willful or wanton injury to the guest.
Who is liable if I fall on a broken sidewalk or other public property?
In the event that you injured yourself on city property, you may be able to collect compensation from the city. Cities are charged with caring for sidewalks and public places, and if they had done a poor job of maintaining the sidewalk or street where you fell, they might be liable. There are rules specific to government owned property, particularly important notice deadlines, so it is important to speak with one of our personal injury attorneys.
What if I was trespassing?
Trespassers do not enjoy the same protections as guests or invitees. If you were trespassing at the time you were injured, you will have a much more difficult time claiming that you should be able to collect compensation. The rules can sometimes vary, such as in cases where the trespassing individual was a child.
If you were injured in a slip and fall, you should contact an attorney to discuss your claim. Each claim is different, and one of our knowledgeable lawyers will be best situated to give you qualified legal advice.
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 accident 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