Premises Liability Lawyer in Atlanta
Were You Injured in a Slip and Fall or a Trip and Fall in Georgia? Call Our Experienced Premises Liability Lawyer in Atlanta for Help
One of the most common causes of personal injuries is a slip and fall or a trip and fall accident. These types of cases are known as premises liability matters, and involve injuries relating out of the use of or presence on the land or property of another. Falls are more common than most people may believe, and are often as dangerous or devastating as a motor vehicle accident. For instance, each year there are approximately 1 million hospital emergency department visits due to slip and falls or trip and falls in the United States. Unfortunately, roughly one out of five (20%) of all falls result in personal injuries such as broken bones or head injuries. Falls can also result in serious or catastrophic personal injuries, as they are the leading cause of traumatic brain injuries (TBIs) and the second-leading cause of spinal cord injuries (SCI). Additionally, falls are the third-leading cause of accidental death in the United States. If you or a loved one suffered personal injuries in any type of fall, or if a loved one was wrongfully killed in a fall, contact our experienced premises liability lawyer in Atlanta for help.
Here at Prieto & Spoo Law, our compassionate and experienced legal team can help protect your rights after a serious slip and fall, trip and fall, or any other type of injury caused by an accident on the property of another person, business, or government entity. We offer FREE consultations and case evaluations, where victims and their families can ask questions to get answers from our premises liability lawyers. Our bodily injury law firm serves Florida and Georgia, particularly in Peachtree City, Newnan, Fayetteville, Riverdale, the surrounding Atlanta area, and anywhere in either state. If you or a loved one were injured in an accident, call us today to schedule your free consultation.
Understanding Premises Liability Cases in Georgia
Premises liability cases are a type of personal injury matter, and arise out of the use of or presence on land or property. Although there are many different types of premises liability matters, the main two types of cases are slip and fall accidents or trip and fall accidents. Most people group these two types of cases together, as the general application of the law is the same.
However, experienced premises liability lawyers like ours know that these two types of cases are very different because the mechanism of injury is different. This means that proving liability can be different and the injuries are often different. Therefore, it is important for victims and their families to know the difference between these two types of premises liability cases.
What is a Slip and Fall?
Under Georgia law, a slip and fall is a type of premises liability accident when an individual is caused to slip and fall to the ground, causing personal injury or other damages. The mechanism of injury is a loss of friction which causes a shift, slide, or other type of slip. Although this type of accident could be caused by a slippery type of flooring (i.e., the wrong tile on a public bathroom), generally and falls are caused by a spill or another substance on the floor.
Some common examples of this type of premises liability accident in Atlanta include the following:
- Spilled product or liquid on a floor, like at a grocery store
- Tracked in rain on flooring
- Excessive use of floor wax
- Dropped food, such as leafy matter on a produce aisle floor
- Excessive soap or floor cleaning that is not properly wiped up
- Grease, lubricant, or other slippery substances on flooring, such as at an automotive repair business or showroom
- Wet floors in bathrooms due to leaks
- Debris on the ground such as dirt, pebbles, rocks, or other loose materials that can roll
- Improper flooring for the area, such as not using the right tile in a wet area like a bathroom or exterior location
- Painted stairs without a friction stripe near a pool, shower, or source of water
- Leaky A/C units
- Refrigeration or freezer units that leak, and
- Other hazards causing slip and falls in Atlanta that could cause a person to slip, lose balance, and fall to the ground.
Although any type of injury is possible, due to the nature of slip and fall accidents, many victims sustain injuries that include torn tendons or ligaments in the knee, hip, or ankle. Broken bones are also common, particularly in the lower leg and ankle area, or in the wrist and arm when a victim “braces” for a fall landing.
What is a Trip and Fall?
Although similar, a trip and fall accident is different because the mechanism of injury is an object or defect on the ground. This condition on the ground catches a person’s foot, leg, or otherwise throws a person off balance, causing him or her to fall to the ground and sustain an injury.
- Uneven flooring
- Holes or depressions in flooring
- Broken curbs or sidewalks
- Lifted or elevated flagstones
- Broken floorboards, lifting boards, or improperly installed boards
- Garbage or debris on the floor, such as stocking carts or pallets left out on grocery floors
- Bunched up or uneven mats or carpets
- Wires, cords, or other electrical devices that are strung across the ground
- Uneven door thresholds
- Inadequate lighting or poor lighting
- Uneven or broken stairs, handrails, or other structures of a stair
- Clutter or debris on the ground
- Potholes or cracks in paving, parking lots, or sidewalks, and
- Other defects causing trip and falls in Atlanta that could result in serious personal injuries or the wrongful death of an innocent person.
Like slip and falls, any type of personal injury could be caused by a trip and fall. However, the most common types of injuries include broken bones – particularly spiral fractures where a person has a leg caught in a defect, loses balance, and falls while that leg is still caught, resulting in a “corkscrew” fracture. Other types of trip and fall accidents include fractured kneecaps and shoulder injuries due to bracing for a fall.
Proving Liability in a Premises Liability Case in Georgia
Premises liability cases are often based on negligence, which is a legal concept created by the common law, or judge-made law. As a result, victims and their families will need to establish that a defendant owed a duty, breached that duty, and that such breach caused a victim damages. Under Georgia law, the general duty is that all property owners and maintainers owe others a duty of reasonable care under the circumstances. This rule requires defendants to keep their property reasonably safe and free of defects that could cause foreseeable harm to another.
However, unlike other types of personal injury cases that just require proving negligence, premises liability matters also require a notice element. There are several ways to prove notice, which include the following:
- Created the defect – where a defendant creates the defect, such as improperly installing flooring or stairs, notice is usually found to be automatic.
- Actual notice – where a defendant was warned of the defect by another individual, or where a defendant had discovered the defect and was aware of it, a defendant has actual notice and a reasonable period of time to make it safe (either warn, block off, or repair).
- Constructive notice – if a hazardous condition existed on the land or property for a sufficient period of time for a reasonable inspection to have discovered it, a defendant has a reasonable period of time to make such defect safe.
- Recurring condition – technically a type of constructive notice, where a dangerous or hazardous condition repeats on a certain condition, a defendant has a reasonable period of time to make such defect safe. An example of a recurring condition would be when one spot of the roof leaks every time it rains from a hole, or where an AC unit leaks on the floor every time it is turned on.
After You or a Loved One Suffered Personal Injuries in a Slip and Fall or a Trip and Fall Accident, Call Our Experienced Premises Liability Lawyer in Atlanta for Help
Premises liability cases are often more difficult than other types of cases because they require a victim to determine who was responsible. Although the property owner is often the first person to look to, often times there are property management and property maintenance companies who may be liable. In turn, these companies may subcontract with other cleaning or repair companies. Finally, third-parties such as other guests could be partially responsible or otherwise play a role in a premises liability case, either by causing the defect, witnessing a fall, or because they had given the defendant notice of a defect.
Finally, these reasons do not even consider the fact that you or a loved one may be seriously injured. The damages that may come with a slip and fall or a trip and fall case in Georgia can be confusing and significant, including pain and suffering, lost wages, medical bills, lost future earnings, and other harm.
That is why victims and their families should call Prieto & Spoo Law. Our experienced premises liability lawyer in Atlanta can help you and your family investigate your claim and who is responsible, prove liability, establish your damages, and recover fair compensation. To learn more about how we can help you, contact us today to schedule a FREE consultation and case evaluation by dialing 678-961-0253 or using our “contact us” box available here.
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