How is liability proven in a slip and fall accident? To prove liability in a slip and fall accident, you must prove the property owner or manager breached their duty of care and that their negligence caused your injuries and resulting damages.
If you were injured in a fall, consulting an experienced Duluth premises liability lawyer can help you protect your rights.
Understanding Slip and Fall Accidents in Georgia
The term slip and fall often brings to mind images of slapstick scenarios, like slipping on a banana or a bar of soap in the shower. However, the reality is much more serious. While the term itself suggests the specific movements of slipping and then falling, it is more accurately a catch-all for any incident where a person loses their footing and sustains an injury as a result.
This category of personal injury can include not just slipping but also tripping, stumbling, and falling. A slip and fall accident, in its broadest sense, refers to any incident where a person’s unexpected loss of balance leads to a fall and subsequent injury. This can involve a variety of scenarios:
- Slipping: This occurs when the contact between a person’s foot and the walking surface is compromised, often due to a slippery substance like water, ice, spills, or even loose rugs or mats.
- Tripping: This happens when a person’s foot comes into contact with an unexpected obstacle, causing them to lose their balance. Common culprits include uneven flooring, potholes, clutter, protruding objects, or poorly lit areas.
- Falling: While slipping and tripping are the initiating events, the actual fall can involve various impacts. A person might fall to the ground, strike an object, or even fall down stairs.
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Facts About Slip and Falls Can Help Establish Liability
There is a wide breadth of what constitutes a slip and fall accident because the specific circumstances of the fall can significantly impact the determination of liability and the extent of injuries sustained. These accidents can happen at private residences, businesses, public spaces, and government properties.
If you had a slip and fall accident, you need to contact a personal injury lawyer familiar with the complexities of proving who is liable in your slip and fall accident. Falls are surprisingly the second leading cause of unintentional injury-related deaths.
According to the National Safety Counsel, in the last reporting year of data, slips, trips, and falls claimed the lives of 46,653 people in homes and workplaces. For those in the workforce, falls can even be the leading cause of death, depending on the specific industry.
Individual or Company Negligence is the Main Contributing Factor in Slip and Fall Accidents
An important part of understanding how to prove liability in a slip and fall incident is accurately determining the cause. Slips and falls often stem from hazardous conditions on a person’s property or the premises of a business. Common culprits include:
- Spills of liquids, food, or other substances on floors or walkways
- Uneven surfaces in flooring pavement, or ground levels
- Missing or broken handrails on stairs or inclines
- Wet floors or stairs made slippery by spills, cleaning, or weather
- Inadequate lighting that obscures potential trip hazards
- Cords, equipment, debris, or other items obstructing walkways
Any of these hazards could form the basis of a premises liability claim. Contact a slip and fall attorney to go over your case’s unique circumstances. We will be able to tell you if you may file for an insurance claim or personal injury lawsuit.
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Proving Liability in Slip and Fall Cases
When a slip and fall incident results in serious injuries, it is essential to determine who is legally liable. Typically, these cases fall under the umbrella of premises liability, which is a legal category that holds property owners or managers liable for any injuries due to hazardous conditions on their property.
While this category of personal injury covers a wide range of incidents, such as negligent security leading to an assault, slip and fall accidents are the most common type of claim. To prove liability in a Georgia slip and fall case, you must prove the owner of the property was aware of the hazard or should have reasonably discovered it through regular inspections.
In addition, you must prove that the owner failed to exercise reasonable care, such as proper maintenance or cleaning, and this hazard directly caused your injuries and losses. Then, you must prove any and all medical expenses and any other losses related to your injury. A slip and fall lawyer can assess the merits of your case and protect your rights to compensation.
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Modified Comparative Negligence in Georgia
When proving liability in a slip and fall case, you might find that you also hold some of the blame for your injuries. However, under Georgia Code Title 51. Torts § 51-11-7, the state follows modified comparative negligence, which means that even if an injured person is partially at fault for the fall, they may still be able to recover damages.
Their financial award will be reduced by whatever percentage of fault the court deems; they cannot recover any damages if they are found to be 50% or more at fault.
Navigating this type of comparative negligence in court can prove complicated, which is why consulting with an experienced Georgia lawyer can help. They can help you build a strong case of proof against the defendant and work to lessen any perceived fault on your part. When you are ready to get started, meet our team and contact us to set up a free case consultation.
Slam Dunk Attorney is Your Trusted Advocate During This Difficult Time
Do not let the complexities of a personal injury insurance claim overwhelm you. If you have been hurt in a slip and fall accident or other premises liability incident, the attorneys at Slam Dunk Attorney are ready to help.
Contact us today for a free case consultation.
Call or text 404-951-3513 or complete a Free Case Evaluation form
