Slip and Fall Personal Injury Lawyer in Georgia

When a slip and fall happens on another person’s property, the accident victim may sustain serious injuries. The injured person can file a claim against the property owner to secure compensation for losses.

Slip and fall claims may be common personal injury cases in Georgia, but that does not mean they are simple. Not everyone can file a slip and fall claim, even when an injury occurs. An accident victim must prove that the property owner is responsible for any injuries. This may be difficult to do, especially when the victim is recovering from serious injuries.

If you have been injured in a slip and fall, speak to a Georgia slip and fall lawyer before filing a claim. Call Cain Injury Law today or contact us online to schedule a free consultation with one of our attorneys.

What Do You Have to Prove in a Georgia Slip and Fall Claim?

When you have been hurt in a slip and fall, you must prove each element of the claim to secure the compensation you deserve.

You must show that the property owner had a duty of care to keep visitors safe.
You must prove that the property owner failed in that duty.
You must show that you sustained injuries as a result.

According to the Georgia Supreme Court, maintaining the property and keeping it in a safe condition includes:

Keeping the property in a reasonably safe condition that does not expose visitors to unreasonable risk.
Maintaining the property so that a visitor could use the property in a reasonable manner and remain safe.
Inspecting the property for potential dangers.

Property owners have a duty to keep a property in a safe condition. That includes approaches to the property, such as ramps, stairs, driveways, parking lots, and sidewalks.

To prove that the property owner breached that duty, you must prove the owner had actual or constructive knowledge of the hazard that caused the injury.

Actual knowledge is something that the property owner actually sees or knows is present on the property. Actual knowledge occurs if someone tells the owner of the hazard, or the owner learns of it on his or her own.
Constructive knowledge refers to something the property owner should have known. For example, if the hazard was present for a long time, the property owner should have known about it and repaired it.

In most slip and fall cases, you must prove that you did not know, or could not have known, about the hazard. This does not mean that you must inspect the entire area every time you are on another person’s property. It simply means that if the hazard was open, obvious, or in plain view, the property owner may not be liable for the accident. The issue is whether a reasonable person would have seen the hazard and been able to avoid it.

How Can a Georgia Slip and Fall Attorney Help?

After a slip and fall accident, you may think about filing a claim without the help of an attorney. However, a lawyer can help in many ways:

Investigating the accident – To succeed with your slip and fall claim, you must prove that the property owner was at fault and, therefore, liable for your injuries. This is often a difficult step for accident victims, particularly as they recover from serious injuries. A lawyer can help by conducting an investigation to prove that the property owner knew, or should have known, about the dangerous condition.
Collecting evidence – Collecting evidence that will prove your claim is difficult when you are trying to get better. An attorney will know what evidence to collect, such as footage from video surveillance, and will know how and where to obtain it.
Evaluating your claim – Many types of damages are available in a slip and fall claim. Some of these damages, such as medical expenses, are easy to calculate. Others, such as pain and suffering, are not. A lawyer will know how to fully evaluate your claim to make certain you get all the compensation you deserve.
Dealing with the insurance company – Insurance companies are not your friend. They do not want to pay the full amount of compensation you deserve. Insurance adjusters will try to reduce or deny your claim in order to keep their profits. An attorney will know what strategies the insurance company uses. The attorney knows how to hold the insurance company accountable for paying the compensation you deserve.

Throughout the entire claims process, an attorney will act as your advocate and ensure your best interests are always protected.

Compensation Available in a Slip and Fall Settlement

The compensation, or damages, awarded in a slip and fall case will depend on the specific facts. Common types of damages include:

Medical expenses – Medical costs include doctor’s visits, hospital bills, emergency room costs, prescription costs, surgeries, and any other expenses.
Loss of income – If you have to miss work due to the injuries from the slip and fall accident, you can include your lost income, bonuses, and benefits in your claim.
Loss of earning capacity – When you cannot return to the same line of work and earn the same wage as you did before the accident, you can claim the loss of earnings.
Pain and suffering – The injuries sustained in a slip and fall accident can be painful and cause great suffering. Although these losses are not easily quantifiable, they should be included in a claim.
Permanent disability – Many of the injuries sustained during a slip and fall are fairly minor, but that is not always the case. When these accidents result in permanent disability, these losses can also be included in a claim.

The list includes common damages in slip and fall claims. After reviewing your case, an attorney can advise on what damages are available and work to get you the compensation you deserve.

What to Do If You Have Been Hurt in a Fall on Someone Else’s Property

While slip and fall accidents are common, victims typically do not know what steps to take in the days and weeks after an accident. Take these important steps after a slip and fall to help protect your claim.

Seek medical attention. Your health is the most important priority after any accident. Be sure to visit an emergency room, medical clinic, or family doctor after a slip and fall accident. Even if you do not think you are seriously hurt, have a doctor check you. Some injuries, such as a concussion, may not be immediately apparent. A doctor can examine you and recognize any injuries.
Report the accident. After a car accident, the crash needs to be reported to the police. The police are not contacted after a slip and fall accident, but you need to report the accident to someone. This may be a store manager, a property owner, or a landlord. If that person asks you to fill out an incident report, complete it, and ask for a copy.
Document all details. It may seem that there aren’t many details of your accident to document. However, record all of them. If there are witnesses, collect their names, phone numbers, addresses, and email addresses. These statements will serve as vital evidence. Also, take photographs of the exact location of your fall. Take pictures of stairs, floors, hazards, and other risk factors that contributed to your accident. Write down what you were doing before the accident, how you fell, and any other details, such as the exact time and date. Place the clothing and shoes that you were wearing during the accident in a safe place. These may later be used as evidence.
Do not give unnecessary statements. You may have to give a statement to the property owner or manager. However, do not talk to anyone else about your accident. Do not post about it on social media. Anything you say may be used against you and will potentially hurt your claim.
Call a lawyer. Slip and fall claims are complicated. Remember that the parties on the other side are working against you. An attorney can protect your best interests, work as your advocate, and secure the compensation you deserve.

Common Causes of Slip and Fall Accidents in Georgia

Any hazard or risk can cause a slip and fall accident. However, common causes of these accidents include:

Wet and uneven surfaces – Slip and fall accidents often happen on wet and uneven surfaces. These may be caused by spilled liquids, loose floorboards, cluttered floors, potholes in parking lots, loose mats, and uneven sidewalks. These risks are common in domestic, commercial, industrial, and public places.
Weather conditions – Lawrenceville receives heavy rainfall at times, which can make walking surfaces slick. Those slick surfaces may lead to a slip and fall accident. Although no one can control the weather, property owners should have warning signs about surfaces that become slippery when wet.
Poor lighting – When areas are poorly lit, people cannot see obstructions in their way. Property owners should make sure that walkways are properly lit to ensure safety.
Defective handrails – Handrails ensure that people can navigate stairs safely. When handrails are defective or missing, people may lose their balance and fall down the stairs. The fall could lead to serious injuries.
Tripping hazards – Possible tripping hazards in walkways include cords, ropes, wires, potholes, loose carpet, and uneven or cracked sidewalks.

When these common hazards cause a slip and fall accident, speak to a lawyer who can help you claim the full amount of compensation possible.

Talk to a Slip and Fall Lawyer in Georgia Now

Slip and fall accidents are very serious. If you have been injured in a fall, you need the help of the Georgia slip and fall accident lawyers at Cain Injury Law. We have the necessary experience to file these claims and give you the best chance of success.

Slip and Fall Attorneys in Georgia