I Slipped and Fell in Georgia — Do I Have a Case?
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It is easy not to think about the dangers all around us until an accident happens. You may slip in an icy parking lot at the supermarket, trip over garbage on the floor at a salon, or tumble down broken stairs with a faulty banister at a hotel.
In many cases, a fall causes embarrassment but no lasting injury. In other cases, however, you may break a leg, suffer nerve damage, or even experience lasting head trauma. If you’ve been seriously injured in a slip and fall, you may wonder whether you have a legal case.
Here is more about what you have to prove and what kind of evidence strengthens your case in the event you may benefit from contacting a slip-and-fall attorney in Georgia.
What Do I Have to Prove in Georgia Slip-and-Fall Claims?
More complex than typical car accident cases, slip-and-fall cases are part of a legal area called premises liability. Premises liability law holds property owners responsible for damages or injuries occurring on their property. In short, property owners must maintain a reasonably safe environment for visitors. If they don’t, a court may find them negligent.
To successfully file a premises liability claim for compensation, your case must prove four elements:
- A standard of care existed: In Georgia, property owners and managers must create reasonably safe conditions for people they invite or lead onto the property, like customers or guests.
- The defendant breached their duty: If a business fails to prevent, fix, or warn others about a dangerous condition on their property, they may have breached their duty of care.
- You sustained damages: The legal system uses the term “damages” to describe physical, emotional, and financial losses for which you may seek financial compensation. To win a premises liability case, you must show that the accident caused you to suffer damages, such as missed time at work, loss of property, or medical bills.
- The defendant’s negligence caused your injury: It is not enough to prove the hazard caused your injury. You must also prove the defendant’s negligence caused your injury. Even if you were partly to blame for the accident, Georgia’s comparative negligence laws allow you to claim compensation as long as you were less than 50% responsible for your injury.
What Constitutes Evidence in Georgia Slip-and-Fall Claims?
Legal cases revolve around what you can prove. Georgia slip-and-fall attorneys may look for the following evidence to support your case:
- Photos and videos: If you can, take photos or videos of the hazard — such as merchandise, ice, broken banisters or motor oil — that caused you to fall. It’s best to photograph the scene at the time of the accident rather than after the hazard has been moved or cleaned up. If you can’t say what caused your fall, it will be difficult to make a successful claim.
- Statements by witnesses: If anyone saw the accident, ask for their name and contact information. Witness testimony can help bolster your case in court.
- Accident report: Ask the property manager to fill out a written report documenting the accident. Request a copy of the completed report.
- Medical records: Ambulance bills, hospital records, or doctor’s notes can provide proof of your injury. Make sure to seek a medical evaluation as soon as possible after the accident. Otherwise, you may have trouble proving it came from the slip and fall.
Contact a Georgia Slip-and-Fall Attorney Today
If you suffered an injury on someone else’s property, The Foster Firm can help. Call us today at 404.559.8325 to schedule a free consultation with a skilled Atlanta slip-and-fall attorney.