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017 Premises Liability

017 Premises Liability

Lawyers in the House with Montlick

Attorneys in Podcast: Joel Roth, Esq.

Premises liability claims–holding the owner/occupier of a property liable for an accident–may seem straightforward, but often that’s not the case.

This week lawyers David and Joel Roth are in the house to break down all the law you need to know when you’re injured on someone else’s property (or someone is injured on yours).

What is an invitee vs a licensee, and how can that change the case outcome?
Why is there such a stigma around the “slip and fall” cases?
How can you protect yourself and your property from potential legal suits?

Listen to the Podcast

The purpose of this show is to provide general information about the law. Our guests will not provide any individualized legal advice. If you have a personal situation and need legal advice, contact us for your free legal consultation with a Montlick attorney.

Topics Discussed on the Podcast

Read the Episode Transcript

00:04	ANNOUNCER: Welcome to Lawyers in the House with Montlick. Wish you had a lawyer in the family? Now you do. Here’s your host, Veronica Waters. VERONICA: Hey, hey, hey. Welcome to Lawyers in House with Montlick. I’m your host, Veronica Waters. We are talking today about something that is kind of exciting to me because, frankly, it deals with my life a little bit.
00:32	VERONICA: You can’t see me right now on the radio. And if you’re watching on the podcast, you can’t really tell because I’m wearing pants. However… I should have worn a skirt today. However, I have a whopper of a scar on my left knee that is just a few weeks old. And I have been wanting since we started this show to ask somebody about what happened when it got there.
00:57	VERONICA: Today we are talking about premises liability, and I’ve got two incredible attorneys here from Montlick who are going to let me know if I did something wrong by not giving them a call or whether I am way off the beaten path talking about this. First, let me introduce you to these two incredible guys who are sitting next to me. David Weinberg, who is a native Atlantan and comes to us by way of Georgia State and UCLA law.
01:27	DAVID: Yes. Hi. VERONICA: Hey there. What’s going on? And one of the things that is so fascinating about David is that he says anytime anybody’s been hurt anywhere, he wants to hear about it, which I find just amazing, just so compelling. You never get tired of, like, delving in and putting on your cape. DAVID: That’s true. Yeah. I want to help people who are hurt if I can. VERONICA: If you can.
01:53	VERONICA: And Joel Roth, a native New Yorker who, interestingly enough, met the love of his life here in Georgia, but who is also a native New Yorker, which I think is such a romantic story. JOEL: That is true. We were introduced by a cousin of mine who worked in the same office building as my now wife, and she contacted me and said, I got a girl for you. I said, oh, come on. But it was true. I came down Martin Luther King, Junior weekend in 1999. And we were introduced, and we were engaged later that year and married the following year.
02:27	VERONICA: I love that. Now, as we get to know you guys a little… before we delve into my scarred-up knee, I want to ask a little bit about what led you to the law. So, David, is it true that books and TV characters kind of helped lead you into the legal field? DAVID: Yeah, it’s true. Absolutely. I always remember reading To Kill a Mockingbird, and I think I probably read it in both middle school and high school. And that’s an inspiring book, right?
02:58	DAVID: Fantastic lawyer, Atticus Finch. And you just have to be motivated to help people, which is what he was doing in that book, of course. And then I’m a child of the 80s, so I had a television in my bedroom. So I fell asleep many a night watching L.A. Law, which, of course, not the most scrupulous attorneys all the time, but some of them did do good things. And then again into the 80s, early 90s. Allie McBeal. I got hooked on that TV show for a while, so yeah.
03:27	DAVID: So some influence there. And I guess my father seemed to always be involved in some kind of litigation, whether suing somebody in general. VERONICA: Well, that sounds like a show in and of itself, right? Can we get Mr. Weinberg in here to talk? DAVID: Yeah. So that motivated me to get into the law, but I always kind of like to understand the laws that kind of control our daily lives. VERONICA: How much like Atticus Finch are you?
03:57	DAVID: Like 89%. VERONICA: Whoa. DAVID: How about that? VERONICA: Are you going to give me a little? You just can’t leave me hanging like that. DAVID: Yeah, I’m going to leave you hanging. VERONICA: And you’ve been practicing how long now? DAVID: Almost 15 years. VERONICA: Almost 15 years. And what about you? Because before you came to Georgia, Joel, you had been practicing law for quite a long time. JOEL: That is correct. Approximately 15 years in New York. And I’m coming up on my 20th anniversary with Montlick next month, as a matter of fact.
04:27	JOEL: So a total of 35 years. VERONICA: Fantastic. So what inspired your interest in law? 35 years? Clearly, you love this career. JOEL: Yes, I do. Between my freshman and sophomore years in college, which was 1978, I worked for my uncle, ironically, Arnold Becker. And the main character, one of the main characters, Arnie Becker. He used to claim that he was the inspiration, but I never had any evidence of that. VERONICA: Let’s just say it’s the truth.
04:57	JOEL: But my uncle had a solo practice in New City, New York, which is a northern suburb of New York City in Rockland County. He did everything. He did mostly criminal, but he did personal injury, he did matrimonial. And I was essentially a law clerk. I filed papers for him. I did research back in the day in 1978. There were no computers, so all the research had to be done manually with books. So I really enjoyed that summer. As a matter of fact, I was only being paid $25 a week, plus expenses.
05:28	JOEL: But I really enjoyed it. And I worked with him another two years, and that gave me the impetus to go to law school, which I ultimately did at Cardoza Law School in New York. VERONICA: How did you know that you were in the right field? JOEL: Because I look forward every day to going to work and helping him and helping the clients. VERONICA: That’s beautiful. That’s beautiful. Premises liability, specifically how the law applies to it here in Georgia, is the topic of the day.
05:58	VERONICA: And I have to be honest and say the word premises liability is not something that is, like, top of mind for me. When you put the words together, I kind of get it. But when I started to learn what this topic was about, this is why I got excited, because of my knee. Okay, so let’s get into it. Alright, so I was walking to see a makeup artist. I had an appointment there. And I’ve got my wardrobe and I’ve got my shoes and I’ve got my purse, all this stuff I’m carrying.
06:32	VERONICA: And there’s this huge set of stairs leading into the building, big concrete, rugged stairs. And there is a sign that says Watch your Step, which I did clearly read. It’s like right there. However, that first step still was a doozy. That thing must have been like 3ft high or something. And so I tried to step on top of it, but literally, boom, went sprawling everywhere. Now I’ve got this huge scar on my knee.
07:00	VERONICA: There’s blood, there’s pain, and then I had to still go get dressed and get my makeup done and walk around and look cute with a smile. But now I got a big scar. Premises liability- is that what we’re talking about, guys? DAVID: Yeah, that would be an incident that I’d want to investigate. I mean, you’ve thrown some facts in there where I could say, well, that might be especially the sign, the largest step sign. It’s going to be problematic. The size of the step itself may be problematic.
07:31	DAVID: The first thing we would probably want to do would be an investigation. If I took this phone call from you, I would say, do you have any pictures? Right? And hopefully you do. And I’d want to see pictures hopefully during that first call. Otherwise I’m going to send our investigator to go take a look so I can evaluate what this actually looks like. VERONICA: OK, David Weinberg, thank you so much. Joel Roth, tell me, what is premises liability? Let’s start with the definitions. JOEL: Premise liability is essentially what it is.
08:02	JOEL: It’s an injury that happens on someone’s premise. And it could be a commercial premise, like a department store, supermarket, or restaurant, or it could be a residential premise like an apartment complex, or it could even be in your home. It runs a gamut of all those different possibilities.
08:24	VERONICA: All right, so if there are all these possibilities of where it could happen, are there different sort of nooks and crannies in the Georgia law that talk about who I am on each one of those properties? JOEL: Very much so. There’s three different actors, if you will, three different actors that could be considered clients. The first is an invitee. As a matter of fact, the Georgia statute defines all three.
08:56	JOEL: An invitee is someone who comes upon the premise where there’s a mutual benefit between the client and the landlord or property owner. VERONICA: Okay, can we stop there? So invitee is like if I go to a store… JOEL: That is correct. VERONICA: I’m an invitee? JOEL: Yes, because the store… by you patronizing the store, you’re benefiting in the sense that you’re buying merchandise you may want, and the store is benefiting because they’re selling it to you and making a profit. VERONICA: Got it.
09:25	VERONICA: Okay, what’s next? JOEL: Then we have what’s called a licensee. And a licensee is essentially where you go to a residence, apartment complex, visiting someone. You’re essentially a social guest. VERONICA: All right. JOEL: In that situation, there’s no mutual benefit. The only one that’s benefiting is the potential client. VERONICA: Okay. Licensee. I am at a party at my friend’s house or something? JOEL: That would be considered a licensee.
09:55	VERONICA: Yes. Okay, I got it. Invitee, licensee. What’s the third one? JOEL: The third one is a trespasser. And that pretty much is self-explanatory. A trespasser is somebody that is on property without the permission of the landlord or property owner. VERONICA: Alright, so clearly I’m not going to be trespassing on anybody’s property because I am an angel who follows the law at all times. DAVID: Of course. VERONICA: But David, I’m thinking that trespassers are unlikely to call you to say they have a case.
10:26	JOEL: Right. DAVID: I don’t think I’ve ever had a call from a trespasser. I’ve read case law in cases and news stories about trespassers who injure themselves and actually have successful claims, which most people throw their hands up in the air. Like how? VERONICA: That’s mind blowing, right? DAVID: You’re trespassing somebody else’s property- how in the world could the landowner be responsible for your injury? But it happens. But I don’t… haven’t ever had a call from a trespasser, but I’d love to have one because it would be an interesting call to have and discuss the case.
10:57	VERONICA: So why is invitee, licensee and trespasser something that I would need to know about in the first place? JOEL: The duty of care of the property owner to each entity is different. With an invitee, under the law, the property owner must exercise ordinary care in keeping the premises and approaches safe.
11:27	VERONICA: Tell me, what exactly is the duty of care? That sounds like a fancy phrase. JOEL: If they are aware of a condition or even actually know about it, or should know about it by the fact that it’s existing for a significant period of time. (And what a significant period of time is would be up to courts.) They are obligated to attempt to remedy it.
11:54	JOEL: So for example, if there’s a spill, if they would have to mop it or put up a wet floor sign. That would be their responsibility. VERONICA: That’s my duty of care to warn you. That something’s… JOEL: Correct. VERONICA: Like the watch your step sign. Right? JOEL: Exactly. It’s a perfect example. Whereas with a licensee, the standard of care on the part of the property owner landlord is much lower.
12:20	JOEL: With a licensee, all they are obligated to do is warn you basically, not cause intentional harm. In other words, the term is willful or wanton. But they’re not required to do anything more than just not intentionally injure you. And that same would apply to a trespasser.
12:44	VERONICA: So, Joel and David, then these stories that I’ve had from time to time about a deck collapse when, you know, some folks went over to a party, everybody was on the deck, something gives way, boom, all these people are injured. What? Claim? No claim? DAVID: Well, claim, yes, but is it a good claim is really the question to ask, right? Maybe not. I think it’s going to come down to what the owner or occupier of the property knew about the condition of the deck.
13:13	DAVID: If you know your deck is about the collapse, you have serious problems with the deck and you do nothing to remedy it, I think you’re exposing yourself to some liability and that may be a good claim for whoever’s injured. VERONICA: All right, we’re going to talk a little bit more about that, getting into some of the common defenses that we might hear. What makes a good or bad claim? And coming up, the most popular or maybe we shall say, infamous type of premises liability incidents ever.
13:42	VERONICA: Welcome back to Lawyers in house with Montlick on WSB. Your host Veronica Waters here along with Joel Roth and David Weinberg. We’re talking about what happens when you’re on somebody else’s property and you get hurt. Premises liability in Georgia. The topic of the day here on Lawyers in the House and the most infamous premises liability case of all.
14:15	VERONICA: I call it a case because it’s a phrase everybody knows- the slip and fall. There is a huge stigma around slip and falls. And I think guys, for two reasons. One, because people think of them as big money grabs. Two, because of the big money grab idea, folks are out there faking these things. And you can also get… even if your slip and fall is legit, there’s like a stigma because people are like, why weren’t you watching where you were going?
14:44	VERONICA: What say ye? JOEL: This has been going on for a long, long time. And I’ll give you an example. Back in 1942, one of my favorite old TV programs was The Three Stooges. And there’s a short where the three of them go into a hotel. They’re always looking to ways to make money and they come up with a scheme where they will put a bar of soap on the floor of the lobby of the hotel and then they get Curly to try to slip and fall on the bar of soap.
15:17	JOEL: So this was 1942, 80 years ago. So this has been going on for a long, long, long time. But as a matter of fact, when I first started at Montlick, within about a year, I had a situation where I had a client I signed up who alleged that he slipped and fell in a convenience store. And a couple of weeks later I get a call, I sent a letter out. I get a call from the adjuster. He said, “Mr. Roth, I would appreciate… could we make an appointment? I’ll come to your office. I want to show you something.” I said sure. So a couple of days later, he comes in the office.
15:48	JOEL: He has a videotape which he plays, and it shows my client going in the store, opening the cooler, taking out a bottle of Coke or whatever type of soda, pouring it on the floor, walking, and then slipping on it. I said, thank you very much. The next call I made to the client, I’m withdrawing. VERONICA: David, what do you say to people who say that these slip and falls are frivolous? DAVID: I say that they’re not. Most of the time I get one…
16:17	DAVID: They’re not a manufactured case. For example, early on in COVID, a grocery store, I guess everybody maybe saw this, right? You had to. They put down directional signs on the floor, right where you went up one aisle and it turned out to come back down the other aisle. My client was taking the turn around one aisle to the next, and there was. I guess it should have been a fix to the floor, a sticker or some sort of arrow.
16:46	DAVID: He took one turn, didn’t really see the arrow on the floor, but as soon as he put his foot on it, it just slipped out from underneath him and it hadn’t been affixed properly. And a gentleman in his 40s, young fell on his left side hard and fractured his hip. VERONICA: Did you get a good result for him? DAVID: We’re in the middle of that one, but I think it’s going to turn out well for him. VERONICA: A COVID slip and fall. Curious how many of these premises liability cases can be prevented? That’s coming up next on Lawyers in the House with Montlick. I’m Veronica Waters.
17:15	VERONICA: Welcome back to Lawyers in the house with Montlick. I’m your host, Veronica Waters, here with David Weinberg and Joel Roth. Watch your step. Come on in to the house.
17:40	VERONICA: We are talking about premises liability today and what people should know about these kinds of cases, whether you are the visitor or the property owner. Don’t forget that you can subscribe to Lawyers in the House on any of your favorite podcast platforms, and you can check us out on audio and on video on demand. Lawyersinthehouse.com up there in the upper right corner, too. You can also ask a question to us that we can get here answered for you on the show LawyersinTheHouse.com.
18:11	VERONICA: Don’t forget to check us out. Joel and David, we are talking about whether or not some of this stuff can be prevented right now. Yes or no? DAVID: I think so. Sure. Yeah. If you put on your property owner or occupier, those are the key terms. Put your head on like you’re the owner or the occupier of some type of property. So you should inspect your property, keep an eye out to make sure there are no hazards.
18:41	DAVID: Like, Joel talked about duty earlier. Duty. What are you supposed to do? So make sure there’s no there’s liquid on the ground. Clean it up, mop it, put up a sign. Your deck is faulty. You got a problem with your deck, fix it. I think most injuries are preventable. VERONICA: Most injuries are preventable. What do I need to know about…? What if I’m a landlord? So I’m thinking about somebody visiting me at the house, right? But what if I’m a landlord and I’m not there?
19:10	VERONICA: Maybe I’ve got, like, my Airbnb. DAVID: Yes. Okay. Well, I think in general in Georgia, the law is going to ask what you knew or should have known as the landlord, right? If you knew or should have known of some hazard, then you have some responsibility to remedy the hazard or warn others about it. And so if you’re an Airbnb owner, if you know of some problem with your property and don’t do anything about it, I think you’re going to expose yourself to some liability.
19:40	VERONICA: All right, so if somebody spots a problem on my property, they notify me. What if I’m the renter, the tenant or somewhere, and I see this horrible staircase or whatever, and I don’t notify somebody? Does that negate my chances of getting some help? If I get hurt? JOEL: It may well do so. Like the example you gave, whenever you’re a tenant and you see something, you should immediately notify the person that owns the property, essentially the landlord.
20:11	JOEL: And you have to document the notification of just saying, I called, it’s not going to cut it. You need to put something in writing. In the old days, that would be certified mail. Now you can send emails as long as you have something indicating that the email was received. You can even videotape a telephone call or record a telephone call with the landlord. Again, each state is different. Georgia allows recording of calls when one party consents.
20:41	JOEL: And in the example I gave, the tenant is consenting by initiating the call. However, there are other states where you need the consent of both parties. So this is, again, Georgia-specific. If this is occurring in any other state, you need to look at the law of that state in terms of recording of conversations, VERONICA: But try to get that paper trail. Is that maybe a common defense that we might see that there’s no documentation that you told me about this? DAVID: They can say, I didn’t know. I didn’t know there was a problem. Landlord’s going to say, I didn’t know there was a problem.
21:10	DAVID: Why didn’t you tell me there was a problem and you’re going to go, I did over and over. I called you and I called you. And they’re gonna go, I don’t have any calls from you. JOEL: And it becomes he said, she said, which is a term we use a lot in this business. And those things never going everywhere. VERONICA: Listen, we all say he said, she said. Here’s something that I think, though, is important. Not everything can be anticipated, right? Some things can be, yes.
21:38	VERONICA: All right, you’ve got a huge crack in your driveway or something and somebody’s going to trip over it or whatever. You’ve known that crack has been there forever, so that maybe the person who’s working on your plumbing outside brings a suit against you. I don’t know. Listen, I’m making up scenarios in these cases, but not everything is a physical fall, right? David? DAVID: Sometimes a freak accident is the term I would use, right? VERONICA: Freak accident? DAVID: I would say, yeah.
22:05	DAVID: Freak accident is where the owner occupied the land, not legally responsible, the person that got hurt, not their fault either. Freak accident- that happens. You don’t get to point the finger at anybody, right? Sometimes things happen. VERONICA: Okay, what about this thing I’ve heard of called negligent security or something? What’s negligent security? DAVID: All right, well, that’s kind of a different topic.
22:30	DAVID: Okay, well, negligent security, the term defines itself, but it’s when a landowner or occupier fails to provide security to guests or invitees in general to the property. So here’s an example of a case I had where a client of mine walked up to a convenience store around 10:00 at night, relatively high crime neighborhood, a little strip center with a convenience store in it and he ended up getting held up at gunpoint.
23:04	DAVID: I’m going to call it the bad guy, or the criminal, actually made him strip naked, turn around, told him to run, and as he was running, shot him in the leg twice and just left him there to bleed out. Luckily somebody called an ambulance and he survived. But I got the call five, six months later. First thing we did an investigation… is I sent my investigator over, take a look at the property, find out what kind of actions the landowner was taking- the landlord to keep the premises safe.
23:35	DAVID: Are there any signs up, saying, you know, you’re being videotaped, right? Are there cameras? Whether they’re real or fake, something to deter crime. Is there any security? Is this place fenced in? Whatever’s going on, is the landlord doing anything to keep the place, the premise safe from third party crime? VERONICA: OK, but then you’ve got to… there’s got to be some presumption or proof that this landlord knew that this area was dangerous. The landlord’s maybe not living there. DAVID: So you’re reading my mind?
24:04	DAVID: So the next thing I also did was I ordered what’s called a crime grid. And so I essentially sent an open records request for Freedom of Information Act request – it just happened to be in DeKalb county. And I said, look, I want a list of every crime that happened within the past 18 months within a 10th of a mile of this address. Right? 528ft- 10th of a mile, and it came back with a couple of gun crimes on the property, some gun crimes across the street, some robberies, break ins, assaults, and some other nonviolent crimes.
24:36	DAVID: But it was a bullet list, a laundry list of crime. And so I could say, look, you, Mr. Landlord, you knew or should have known that your business or your property is in the middle of a war zone, I think is what I called it. VERONICA: That’s powerful. It’s powerful imagery. DAVID: Yeah. Well, and we were able to settle that case without even filing a lawsuit, and I think it was a half million-dollar settlement. VERONICA: That’s incredible. That’s incredible. And clear evidence that you knew or should have known. DAVID: Exactly. Yeah.
25:05	VERONICA: That poor guy. I’m glad he survived. I wonder if they ever caught the bad guy. DAVID: I think they did. I think he was either in jail or he may still be in jail. I don’t know. I haven’t followed up on that one, but I’m almost certain they did. They got him. Joel, are there certain types of premises liability cases that you guys see the most often? I’m wondering if this sort of landlord safety thing is a common one. I’ve had stories where we’ve covered stuff like that, and people are suing because they say, you should have had cameras, you should have had lighting here.
25:35	VERONICA: There is some sort of belief, I think, that when I’m giving you my money to live there, that there’s a presumption I’m going to be safe. So are these cases pretty common? JOEL: Probably the most common premise liability cases that I’ve handled are the ones that take place in retail establishments, supermarkets, department stores.
26:02	JOEL: But the ones that I think carry the most emotional weight would be, as you describe, Veronica, the ones which involve an apartment or there’s more of a human element to that. VERONICA: So give me something. What happens in, like, a supermarket or whatever where you’re, like, a retail establishment? What are those cases like? JOEL: Well, when I would get a call, first thing I would ask was, number one, did you file an incident report?
26:32	JOEL: That’s something that they have to do. They can’t just claim that they fell without giving evidence that the manager or assistant manager is aware of it. The second thing I would ask them is to see if there was any cautionary signs or wet floor signs. That may not necessarily negate the case entirely, but it makes it more difficult, as David said earlier in our show.
27:00	JOEL: Then I would also ask whether or not there are video cameras, whether the client saw video cameras in the area. And, I mean, that’s important because pretty much in a retail establishment, unless you’re in a place like a bathroom, is video cameras everywhere. So one of the things that I will do once I sign up a case, I will send a letter to the store putting them on notice that we are representing this person and also putting them on notice not to destroy any video evidence. Preserve it and make it available for viewing at a future time.
27:37	VERONICA: And just like you mentioned earlier, those video things can, like, crack a case wide open. I can’t tell you how many videos I’ve seen online of somebody trying to stage a slip and fall. One guy tried to do it on his own job. I think he was in New Jersey. And he scattered some ice on the floor and then proceeded to get… and what’s so interesting to me about the phony slip and fall guys is that they get down so carefully in their position. There were these two women who tried to scam a Publix for $300,000 years ago in Florida. Same kind of thing.
28:07	VERONICA: The video camera right there on that aisle, and you could see her kind of fixing her hair just so as she lies down. And then her friend/caregiver goes to look for someone for help for her friend. These cameras are a big, fat, hairy deal because they can really make or break a case. Am I right? DAVID: Yeah, absolutely. I would love to have video evidence in every case that I have. VERONICA: What about give me an example of a hard-fought case for you, Joel.
28:37	JOEL: I had one over the past two years. This was at the beginning of the pandemic. I had a client who was delivering food. He was working for a company similar to Uber Eats. He would pick up food and deliver it. Somebody called in from a private house. It was a late call. It was after midnight. And he got to the house and he walked up the driveway. There was very poor lighting. It was after midnight.
29:06	JOEL: No natural lighting around. He knocked on the door, delivered the food. Ironically, the people in the house were tenants. The landlord was absentee. He was living outside the country. He started back down the driveway, and he, in the middle of the driveway, encountered a one-and-a-half-inch concrete slab, which he fell over. And as a result of that, he stumbled back to his car. But as a result of that, he suffered a fractured left knee, which required open reduction, internal fixation surgery.
29:38	JOEL: Now, in that scenario, we have something called prior traversal. And what prior traversal is, if you walk over an area once under the law, you are presumed to know the hazards associated with that area. So if you walk over the second time, which is what he did when he left, went back out, the argument could be that since you were aware of the hazard, the duties on you to exercise more question. However, the insurance company, they argued that a little bit, but ultimately, we were able to settle the case for a significant amount.
30:09	JOEL: They paid all his medical bills, paid for his wage loss, which was pretty significant, and gave him additional money for the pain and suffering. VERONICA: What jumps out from these stories, Joel and David, is that there is no slam dunk case in any of these premise liability incidents. DAVID: I would agree with that. Just because you get hurt on somebody’s property doesn’t mean it’s going to be their fault. VERONICA: That’s incredible. And that’s just because maybe it wasn’t something I did on purpose. Right? Or I didn’t know you were going to get mugged in my neighborhood.
30:40	DAVID: Could be. I don’t know. JOEL: As a matter of fact, when I sign up these cases, I always preface it with these are not slam dunks. And there was… automobile accidents are a little different in the sense that you have a police report and generally an observation as to who was wrong and who was right. These are not like that. VERONICA: These are not like that. Business owners get cameras. Closing argument on Lawyers in The House is right up next. Don’t go away.
31:12	VERONICA: Back with you here on Lawyers in the House with Montlick on WSB. I’m your host Veronica Waters, along with Joel Roth and David Weinberg, talking about premises liability here in Georgia. Don’t forget to catch us every time you go to your favorite podcast platform. Subscribe so you don’t miss an episode and find our smiling faces on video at lawyersandhouse.com where you can also ask these lawyers a question for the next show.
31:47	VERONICA: So, talking about premise liability, it is time for the Montlick closing argument. Joel and David, take it away. DAVID: Thank you, Veronica. I would say I don’t want anybody to get hurt, but I know that there’s somebody listening, somebody watching the show that’s either going to be a victim of an incident or they’re going to be with somebody who gets injured.
32:13	DAVID: And it will help their case greatly if they can remember at least four things to do when that happens. The first thing, take photos. Take photos of everything. You can take photos of what caused the incident, what caused the injury, whether it’s something on the floor or uneven pavement. Whatever it is, take photos. Close ups, great. The entire scene, great. Get photos so that will help us see what it is that we’re tackling.
32:43	DAVID: And the other thing that’s really important is witnesses. If there’s anybody standing around, they can say, yeah, I saw this happen, I saw you slip, I saw you trip, I saw an employee walk by. They looked at it, they ignored it. I was walking through the store and that mess has been there for 15-20 minutes. Right. Any witness? Anybody willing to give their information? It’s hard sometimes to get people to volunteer their name and phone number.
33:10	DAVID: Not too many people want to be a witness, but if you’re listening as well, help the injured person volunteer, be the witness. VERONICA: And think about if you were in their shoes. DAVID: Exactly. VERONICA: Joel? JOEL: in addition to what David mentioned, when you have a fall, especially if you fall in a substance that is not clear, you should keep your clothes to show the stains on your clothes from the substance. But the most important garment that you have to worry about are your shoes. VERONICA: The shoes?
33:40	JOEL: Yes, the shoes. In all the years I’ve been doing this, the insurance company will always ask what type of shoes the client was wearing. And that may make a difference because generally, if you have a person with high heels or even another culprit are flip flops, a lot of times the belief is that people cannot walk in these and their fall is not due to any defect, but because of the fact that they just can’t walk in this particular type of shoe. And that may reduce the value of their case. VERONICA: And quickly, number four?
34:11	JOEL: Number four. Once you’re injured, don’t wait. Try to get to see a medical professional. If you’re able to do an emergency room, do that. If not, if you have a primary care physician, try to go there as soon as possible. The longer you wait, the less valuable the case is. VERONICA: Thank you so much. Joel Roth and David Weinberg with Montlick injury attorneys. I’m your host, Veronica Waters.
34:38	VERONICA: We will see you next time on Lawyers, in the House.

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