Slip and Fall Lawyer in Atlanta
Victims of a Slip and Fall Accident on the Property of Another Should Call Our Experienced Slip and Fall Lawyer in Atlanta
Falls are one of the most common ways that an innocent person could get accidentally hurt. In fact, slip and falls result in approximately one million hospital emergency room visits each year in the United States, including a large number right here in Georgia. Although landowners, possessors, and property maintainers owe a duty to keep their premises reasonably safe under the circumstances, far too many defendants allow hazardous and outright dangerous conditions to exist on their property. As a result, this causes preventable personal injuries to innocent people. Victims who suffer personal injuries, lost wages, medical bills, and other damages caused by a slip and fall in Georgia may be entitled to compensation for their losses. Unfortunately, our slip and fall lawyer in Atlanta knows that property owners and their defense lawyers or insurance adjusters will often refuse to fairly and justly compensate victims and their families.
That’s why victims and their families should call Prieto & Spoo Law.
Our compassionate and experienced legal team offers FREE consultations and case evaluations, explaining what rights victims and their families may have after any type of premises liability accident such as a slip and fall. Whether you were injured in a store, office, house, apartment building, or on a sidewalk, our slip and fall lawyer in Atlanta can investigate liability, build your damages claim, and fight to recover compensation for you and your family. To learn more about how we can help you in Florida or Georgia, especially in Fayetteville, Newnan, Peachtree City, Riverdale, the surrounding Atlanta area, or anywhere in either state, contact us today to schedule your free consultation.
What is a Slip and Fall?
Slip and fall cases are a type of premises liability action, or a case that involves the use of property. As the name implies, a slip and fall is a type of accident where a person is caused to slip, slide, shift, or otherwise lose balance and crash to the ground. The reason for a person losing balance is due to a dangerous or hazardous condition on the walking surface. Individuals who are caused to fall to the ground and suffer injuries may be entitled to compensation under Georgia law.
Proving a Slip and Fall Accident in Georgia
In order to recover compensation, a victim of a slip and fall will need to prove certain elements that establish that the defendant or defendants were negligent under the law. Unlike other types of negligence cases, slip and fall cases require a victim to prove something called notice. This extra element is often what is hotly contested in a slip and fall lawsuit.
In order to recover compensation for damages caused by a slip and fall accident in Atlanta or elsewhere in Georgia, a victim must prove the following:
There Was a Dangerous Condition on the Property
The first element required to prove a slip and fall accident in Georgia is that there was indeed a dangerous or hazardous condition on the property. This element relates to the overarching principle of a “duty of care” that all landowners, possessors, or maintainers with control over a property must exercise reasonable care under the circumstances in maintaining their property. Since a reasonably prudent person or business wouldn’t allow a dangerous condition to exist on the property, any defective, hazardous, or otherwise dangerous condition will result in a breach.
Although this sounds simple, what is a hazardous or dangerous condition can vary greatly depending on the circumstances. For instance, water on the floor may create a slippery condition which may be a breach of a duty in a store, but it won’t likely be a breach in a gym shower. Defendants and their adjusters know this, and will constantly keep shrinking the areas where their clients may be liable. As a result, victims and their families need to retain an experienced slip and fall lawyer in Atlanta to protect their rights against this overreaching.
Defendant Had Notice of the Dangerous Condition
Often one of the most important elements of a slip and fall case, a victim must prove that the defendant had notice of the dangerous condition on the property. There are several ways to establish notice, which include the following:
- Creation – a defendant who creates the defect automatically has notice. This includes when a defendant builds, modifies, or adds an addition which is not to code, or where a defendant applies something to the surface which causes a fall (i.e., painting wood exterior stairs with friction stripes or using excessive wax on the floor)
- Actual notice – where a defendant was told or actually observed a defect, and therefore knew it was present
- Constructive notice – where the defect has existed on the property for a reasonable period of time which a defendant should have discovered it
- Recurring notice – where a dangerous condition occurs every time a certain condition occurs, such as when the roof leaks in one spot when it rains and causes a slippery condition in a store
A victim only needs to prove one of these types of notice to satisfy this element. However, oftentimes a victim will be able to prove multiple types of notice – especially where a defendant was particularly neglectful in making a property safe.
Defendant Had a Reasonable Opportunity to Make Safe or Warn of the Defect
Even where a defendant has notice of a defect, a defendant must have a reasonable opportunity to repair it or otherwise make it safe. This includes wiping up a slippery condition or blocking off an aisle. The length of time that a defendant has to repair or make a defect safe depends on the circumstances, and it is not the same amount of time for every circumstance. Rather, the standard is a flexible one based on the reasonableness of the defendant’s actions or inactions. As such, it is imperative that victims of a fall hire an experienced slip and fall lawyer in Atlanta for help.
Such Defects Caused the Victim’s Damages
This is really two elements that need to be proven, damages and causation. Damages are a type of harm suffered by a victim, which is usually pain and suffering, medical bills, lost wages, and other physical, emotional, or financial harm. Victims are entitled to compensation for these damages.
Causation is another hotly contested element, which requires a victim to prove that the dangerous condition on the property was a substantial factor (or proximate cause) of the victim’s damages. This means that the defect was the actual cause or reason why the victim got hurt. To this end, many defendants will argue that a victim had pre-existing injuries or that a victim was harmed at another location, and not where the fall occurred. Which is exactly why having an experienced slip and fall lawyer in Atlanta is necessary to establish these elements.
Were You Hurt in a Fall in Georgia? Call Our Slip and Fall Lawyer in Atlanta for Help
After a slip and fall accident in Georgia, contact our experienced slip and fall lawyer in Atlanta to Prieto & Spoo Law. In addition to the challenges of proving notice, causation, and damages, victims will also need to determine who is responsible for the subject property where a victim’s fall occurred. This can be complicated, especially if there is a property maintenance company or cleaning company responsible for the premises. That’s why it is important that victims and their families hire a skilled legal team like ours. To learn more about your rights after a fall and how our bodily injury law firm can help you, contact us today by dialing 678-961-0253 or by sending us a message through our website.
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