Liability in Georgia Slip and Fall Accidents

1. Duty

“Duty” refers to a relationship between the plaintiff and the defendant. Any business that’s open to the public or any property manager who invited guests to visit their home or place of work satisfies this criteria easily.

The tricky element in slip and fall cases is whether or not someone was trespassing. For example, if a door-to-door salesman trips on his way up a front porch, he was technically an uninvited guest. The home owners may try to argue that they don’t owe a duty to anyone who wasn’t asked to come to their house. Trespassing children also get special protection in many cases.

If there’s any question as to whether or not your were what the law considers an “invitee” to the place where you fell, you need to contact a personal injury lawyer. The attorney will be able to explain your guest status and whether or not you were owed a duty by the property owner.

2. Breach of duty

“Breach of duty” refers to a wrongdoing committed by the defendant. In most slip and fall cases, the business owner or manager either failed to create a safe environment for customers or didn’t properly warn of a hazard. For example, a broken escalator may take a few days to fix. Prior to its maintenance, however, there should be plenty of warnings that the escalator shouldn’t be used.

It’s important to note that business owners need to have “reasonable notice” of a hazardous condition. In other words, if an item suddenly fell in your path there may not have been time for the property manager to prevent your fall. Similarly, if somebody committed a criminal act to cause you to fall, the manager may escape liability for your accident.

As slip and fall cases rely heavily on evidence that shows what caused your fall, it’s best to let a Georgia personal injury attorney manage your case.

3. Causation

Causation is a simple element to understand but is often the hardest to prove to a judge or jury. For this criteria to be satisfied, you must show that your fall was caused by something hazardous in the business, home, park, etc.

Common causes of slip and fall accidents include:

• Objects that fell or weren’t stored properly
• Parking lots or other areas that were poorly lit
• Broken or rundown staircases
• Unmarked floors that are wet or excessively dirty
• Broken elevators or escalators
• Ice and snow that hasn’t been removed
• Unprotected construction areas
• Broken or uneven sidewalk, flooring or pavement

Countless other hazards can cause slip and fall accidents. As long as whatever caused your fall didn’t appear suddenly, proper documentation and evidence presented by your attorney should help you demonstrate this criteria.

4. Injury

Injury is perhaps the easiest element to prove for slip and fall negligence claims. Negligence claims typically involve accident survivors or families who are filing on behalf of a deceased loved one. You can’t file a lawsuit if you didn’t suffer an injury or have financial consequences, so a false claim is unlikely in a slip and fall.

If your attorney successfully persuades a judge or jury that all 4 elements of negligence were met in your lawsuit, then you will be able to recover damages.

• Seek proper medical attention. If you hit your head when you fell, if you’re bleeding heavily or if a bone may be broken, call out for help and ask for an ambulance to be called.
• Ask witnesses. You or a loved one should speak to all possible witnesses and record their contact information. The witnesses may be needed to provide depositions or testify.
• Take photographs. Either you or a loved one needs to take pictures of whatever caused your fall. Take pictures of the surrounding area too, in case the business’s layout contributed to your accident.

• Report your accident to management or the business owner. They may ask you to complete an accident report. Keep track of everyone you speak to and try to get a copy of whatever documents you sign. Be sure to read everything carefully as you have to to avoid signing any liability waivers or anything that minimizes your injury.
• Meet with your doctor. If an ambulance wasn’t called, you should still make an appointment with your primary care physician to document your injuries and make sure you don’t have a more serious injury, like a concussion.