If you slip, fall, and get hurt on someone else’s property, you may be entitled to compensation. A Duluth slip and fall lawyer from Slam Dunk Attorney can review your case and help you navigate your claim.
Our Duluth personal injury lawyers have decades of combined experience, and we pride ourselves on transparent communication.
Premises Liability Definition
There are many types of personal injury claims, including those relating to slipping and falling accidents. If you suffer an injury in a slipping and falling accident, you may seek damages on the grounds of premises liability. In your case, you may claim a property owner was negligent, which led to your accident and injury.
You are responsible for showing a property owner was negligent. This may require you to show the owner had a duty of care toward you and violated this obligation. Also, you may have to prove the owner’s actions led to your accident and injury, and you are now dealing with damages.
To put yourself in the best position to secure damages, you may want to work with a Duluth slip and fall attorney. Slam Dunk Attorney makes it easy to connect with a legal advocate who has a wealth of experience in slip and fall accident cases. To learn more, get in touch with us today.
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Top Causes of Slips and Falls in Duluth
Slip and fall accidents can occur for various reasons, often linked to hazards that property owners fail to address. Understanding these common causes can help you build your case against the liable party. Some of the top reasons that slip and fall accidents happen in Duluth include:
Wet or Uneven Surfaces
Wet or uneven surfaces are among the leading causes of slip and fall accidents. Hazards like spilled liquids, loose rugs, broken tiles, or uneven flooring can create dangerous conditions for visitors. Property owners may leave themselves open to liability if they fail to address these safety hazards.
Poor Lighting
Poor lighting is a significant factor in many slip and fall accidents. When staircases, hallways, and parking lots are not sufficiently lit, this can make it difficult to see potential hazards. Property owners are responsible for maintaining adequate lighting to ensure visitors can safely navigate their spaces.
For example, a poorly lit stairwell without proper handrails can cause someone to miss a step, leading to serious injuries like fractures or sprains. Light fixtures should be functional, and burnt-out bulbs should be promptly replaced to reduce the likelihood of accidents. Failing to address these safety hazards may leave the property owner open to liability.
Lack of Proper Maintenance
Property owners are responsible for maintaining their spaces to prevent hazards that could lead to slip and fall accidents. Failing to repair issues such as broken handrails, potholes, or loose floorboards can create unsafe conditions for visitors. Regular maintenance is essential to ensure these dangers are promptly identified and corrected.
For example, a loose floorboard in a busy retail store could cause a customer to trip and suffer a serious injury, such as a broken wrist or even a traumatic brain injury. Cracked sidewalks outside an apartment complex can also pose risks for tenants and visitors. When property owners neglect these responsibilities, they may be held liable for accidents that occur as a result.
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Types of Visitors in a Premises Liability Case
There are different categories of property visitors. How you are classified may impact your ability to be compensated for damages in a trip and fall accident case. You may fall into any of these visitor categories:
- Invitee: A property owner has invited you to visit their space for a lawful reason.
- Licensee: You visit a property for business purposes.
- Trespasser: You enter a property without the owner’s consent.
An invitee or licensee may be eligible to submit a claim for damages relating to a tripping and falling incident. In many instances, a trespasser cannot, but there are exceptions.
For instance, playground equipment may be considered an attractive nuisance — if a child is drawn to this equipment on someone’s property and slips, falls, and suffers an injury on it, their parent may be able to pursue damages from the owner.
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Slip and Fall Accident at Work
You may suffer a trip and fall accident and injury at a home or business that you are patronizing. There are also times when you may slip and fall at your own place of employment. If you get hurt on the job, you may be eligible for filing a workers’ compensation claim in Georgia.
There is a limited window for you to file a workers’ compensation claim. You may submit your claim to the State Board of Workers’ Compensation. This may allow you to get benefits relating to your workplace injury.
Most companies are required to have workers’ compensation insurance coverage. If your employer has this coverage and you suffer an on-the-job injury, you may be entitled to workers’ comp. Our slip and fall lawyers in Duluth may be able to help you file your claim for benefits.
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Evidence Collection for Slip and Fall Claims
Collecting evidence is one of the most critical steps after a slip and fall accident. Proper documentation can help establish the property owner’s negligence and strengthen your claim for compensation. Acting quickly to gather evidence ensures key details about the accident are not lost over time.
Some of the most important types of evidence to consider include:
- Photographs of the accident scene – Capturing images of hazards such as wet floors, broken steps, or poor lighting can serve as powerful proof of negligence. Ensure your photos are taken from multiple angles to provide a clear view of the unsafe condition.
- Witness statements – Speaking to individuals who saw your accident or are familiar with the hazardous condition can add credibility to your claim. Obtain their contact information and ask them to describe what they observed.
- Maintenance records – Requesting documentation of the property owner’s maintenance schedule can reveal whether they failed to address known hazards promptly. This type of evidence is especially helpful in showing a history of neglect.
- Surveillance footage – Video footage from security cameras can provide clear evidence of the accident and the condition of the property at the time. Request access to these recordings as soon as possible, as they may be overwritten or deleted after a short period.
- Medical records – Detailed documentation of your injuries and treatment can connect your condition directly to the accident. Include doctor’s notes, diagnostic tests, and any ongoing treatment and rehabilitation plans to demonstrate the severity of your injuries.
Why Hiring a Duluth Slip and Fall Lawyer Early Matters
Hiring a legal representative early in your slip and fall case can significantly strengthen your claim. Our Duluth slip and fall attorneys can take immediate steps to gather evidence, prevent its destruction, and build a compelling argument on your behalf. Some of the ways your slip and fall injury law firm can make a difference from the start include:
- Preserving critical evidence – We may be able to issue spoliation letters to ensure key evidence, such as surveillance footage or maintenance records, is not destroyed.
- Investigating the accident – We will thoroughly examine the scene, interview witnesses, and collect additional evidence that you may not have access to on your own.
- Dealing with insurance companies – We can handle communications with insurers to protect your rights and prevent lowball settlement offers.
Slip and Fall Claim Statute of Limitations
You may only have two years from the date of your slipping and falling accident to pursue compensation from an at-fault party. The window for submitting your claim may be extended if certain circumstances exist in your case. Beyond two years, per O.C.G.A. § 9-3-33, you may be barred from pursuing your accident-related losses in civil court.
With your claim, you may ask for economic and non-economic damages. A judge or jury may offer economic compensation for your medical bills and other quantifiable losses. You may also secure non-economic damages based on your pain and suffering.
When it comes to understanding personal injury litigation in lawsuits, it may be a good idea to meet with a knowledgeable slip and fall accident attorney in Duluth. This allows you to share your legal concerns and questions and get insights you can use to help you decide whether to move forward with your claim. If you are ready to file a lawsuit, we can help you do that and prepare an argument that resonates with a judge and jury.
How a Slip and Fall Accident Claim Works
Following your trip and fall, you may seek damages through a property owner’s insurance company. We can help you submit your claim and pursue the most compensation possible. We can also address any legal challenges you face while navigating the timeline of a personal injury insurance claim.
It may take weeks or months before you receive any compensation. The at-fault party’s insurer may be more focused on its client’s best interests than the harm you have suffered. Therefore, the insurance company may do everything within its power to dispute your claim and avoid paying you damages.
Your lawyer can negotiate with a liable party’s insurance company on your behalf. If we are unable to get the settlement you want, you may have to bring your case to trial. We will make sure you are prepared for your trial and understand what may happen when you present your case to the court.
Slip and Fall Settlement Agreement
There may be opportunities to negotiate a settlement agreement leading up to your trial. In the best-case scenario, the defendant may offer you enough compensation to cover your losses. If you approve this proposal, you will receive compensation and close your case.
Your Duluth slip and fall attorney will keep you up to date about any settlement offers. If you get one, we will notify you and review the proposal together. We may advise you to decline an offer if it falls short of your total losses.
If you are not satisfied with a settlement proposal, you do not have to accept it. You can tell us that you want to decline the offer, and we will comply with your request. Moving forward, we can keep searching for ways to strengthen your case.
Compensation for Duluth Slip and Fall Accident Victims
If you suffered injuries in a slip and fall accident, you may be entitled to various forms of compensation per O.C.G.A. § 51-12. This financial recovery can help address not only the physical and financial challenges you face but your emotional trauma after the accident as well. Some of the common types of damages you may be able to recover include:
- Medical Expenses – Compensation can cover hospital bills, surgeries, physical therapy, and any other medical treatments related to your injury. We should also plan for any future medical costs if you require ongoing treatment.
- Lost Wages – If your injury prevents you from working, you may be entitled to recover the income you lost during your recovery period. For severe injuries, this can also include compensation for diminished earning capacity.
- Transportation Expenses – Reimbursement for travel costs to and from medical appointments or additional transportation needs caused by your injury. This can be especially important if you are unable to travel without assistance.
- Out-of-Pocket Expenses – Any immediate costs you incur as a result of your injury, such as over-the-counter medications, assistive devices, or childcare services, may also be compensable. Be sure to keep any receipts related to your injuries to verify these losses.
- Loss of Enjoyment – If your injuries prevent you from participating in activities you once enjoyed, you may recover damages for this loss. This may be even more difficult to overcome than your physical injuries.
- Emotional Distress – Compensation may also address psychological impacts. Some examples include anxiety, depression, or PTSD resulting from the accident.
- Loss of Consortium – This accounts for the effects of your injuries on your relationship with a spouse or family member. You may seek damages for this loss of companionship and intimacy.
Request Legal Help from Your Slip and Fall Attorney in Duluth Today
You may need legal help so you can bounce back from your slipping and falling accident. The team at Slam Dunk Attorney may be able to help you seek damages from all at-fault parties.
To schedule a free, no–obligation case evaluation with a slip and fall lawyer in Duluth, complete our secure and confidential contact form or call our office to get started today.
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