Premises Liability Lawyers in the Southeast
Premises Liability Claims in the Southeastern United States
Slip and falls can occur nearly anywhere. While supermarket falls often come to mind when we hear the term “slip and fall,” other common locations for falls include sidewalks, parking lots, malls, restaurants, and workplaces. Potential hazards that may lead to falls include carpet that is bunched or torn, poorly lit stairwells, overly waxed floors, spilled liquids, uncovered holes, broken stairs and others.
Unfortunately, hazards existing on another person or company’s property can, at times, lead to very serious injuries. Even in cases where a hazard existed and a person fell because of it, it can still be the case that no one is legally responsible for the resulting injuries. Certain requirements must be met if an injured person pursues a claim in order to collect compensation for the harm that they suffered. In order to successfully pursue a claim on the basis of premises liability, an injured person must show that an owner or occupier knew or should have known of a hazard, and failed to correct the hazard before it injured the victim. Moreover, the victim must also show that it had less notice of the hazard than did then owner/occupier.
At Montlick & Associates, we have over 33 years of experience representing clients throughout the Southeastern United States, including Alabama, Florida, and Georgia. We handle these types of cases on a daily basis, and fight hard on behalf of our injured clients in order to maximize the value of their cases under the law.
Who is responsible in a slip and fall case?
Any owner of property can be held liable if their negligence led to the result of someone else sustaining injury. By way of example, if a slip and fall occurs in a commercial business, such as a grocery store, shop, or mall, the business can be held legally responsible for a victim’s damages if negligence can be established. Depending on the requisite state law as well as the facts of the incident, a landlord can also potentially be held responsible for the injuries of a tenant, or anyone else who legally enters the property.
When will the store or landlord be responsible for someone’s slip and fall injuries?
If you fall in a shop, it is not automatically the case that the store is responsible for that fall. If, for instance, you slipped on your own untied shoe laces, then you are likely not going to be able to blame the shop for your injury. On the other hand, if you fell because the floor was slippery, and you had no reason to know that it was, then the shop can be responsible if you can prove that the shop knew or should have known of the slippery floor before you fell.
In order to prove that the shop should be held liable, you will have to show that they were negligent. Further, you must establish that the business’s negligence was the cause of your injury. This means showing that the business acted unreasonably, based on the standard of a reasonably prudent person in their position. For example, if you fell on a slippery floor because three seconds before you walked in, someone spilled a soda, you may not have a strong claim that the store was negligent. However, if the floor had been wet because of a spill for 45 minutes, you can argue that the shop was unreasonable for not having cleaned up the floor or because it failed warn customers of the wet area.
Sometimes, however, we anticipate a store to have wet floors. For example, if it is raining outside and many customers are walking into a building, it is natural to assume that the entrance could be wet. Moreover, businesses can and should wash their floors, and they might have to do so in the middle of business hours. Washing floors is not evidence of negligence in and of itself. However, the business can be considered negligent if it failed to warn customers, such as through the use of a “wet floor” or “caution” sign after washing the floor.
Do I need a lawyer?
Each state will have laws that impact your potential slip and fall case, particularly relating to the types and amount of damages that you can collect. If you have been injured because of slip or trip and fall, contact our attorneys at Montlick and Associates to learn about your legal rights as well as what steps can be taken to protect those rights. Our attorneys fight hard on behalf of each injured client in order to recover medical expenses, lost wages, Pain and Suffering, and other damages.
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 has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including Alabama, Florida, and Georgia.
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.