Proving Liability—Who’s Responsible?

To establish negligence in a Georgia slip and fall personal injury claim, you must satisfy four key points:

1. The defendant had a duty of care towards the plaintiff, which typically entails ensuring the safety of visitors on their property.

2. The defendant failed to fulfill their duty of care, thereby breaching their obligation. This breach may involve inadequate maintenance or failure to address hazards on the property.

3. The negligence of the defendant directly caused the accident to occur.

4. The plaintiff suffered damages or losses because of the accident.

As your attorney, we will conduct a thorough investigation of the incident, collect relevant evidence, and build your claim that shows the existence and extent of the defendant’s negligence.

Defendants in Georgia can claim the legal concept called “open and obvious.” This means that if a hazard is readily apparent and visible to everyone, and you choose to encounter or approach it, the defendant may employ the “open and obvious” defense against your claim.  You as a visitor to any  premises also have the responsibility to be aware and take care given your surroundings.

For example, if a person is on their smartphone and  fails to pay attention to clearly posted signs about a slippery floor, their case may be diminished because of their supposed contribution to the accident.

Damages For Injuries

A slip-and-fall accident can leave you with severe and debilitating injuries, such as:

• Bone fractures and breaks, including skull fractures
• Crush injuries
• Lacerations and bruising
• Disfigurement
• Internal injuries
• Joint damage
• Paralysis
• Spinal cord injury
• Traumatic brain injuries
• and even death. Wrongful death of a spouse or other family member may also be recoverable by the deceased’s family.

Injuries like these often require surgeries, long hospital stays, rehabilitative care, and expensive long-term medical treatment. Unfortunately they may also lead to permanent disability, permanent disfigurement, lost wages, and loss of livelihood and  and loss of consortium (companionship). A death can cause a family to lose the family provider.

Invitees, Licensees, and Trespassers

Individuals who are granted permission or invited onto someone’s property can fall into two categories: invitees or licensees. Property owners bear the responsibility of exercising a duty of care to ensure that the premises are kept safe for all lawful visitors.

• Invitees encompass individuals who are welcomed onto a property for business-related purposes. This category includes shoppers, vendors, delivery drivers, hotel/motel guests, contractors at retail or business establishments.

• Licensees consist of individuals who are not customers or employees but those who visit a friend’s home, attend a party, or visit a retail establishment for various other reasons.

Property owners are responsible for addressing hazardous conditions for invitees by either making necessary repairs or replacements to mitigate the danger, or by placing warning signs, such as “wet floor” signs, to alert invitees to a hazard. They also must conduct regular inspections of the premises to identify potential hazards and take appropriate action, whether it be repairs or installing warning signs.

The standard of care is somewhat lower for licensees, whereby property owners are not allowed to intentionally harm or expose licensees to danger. Instead, owners should assume that there are licensees on the property and take measures to repair any hazards or provide adequate warnings or cautions.

Property owners do not owe the same duty of care to trespassers. However, they are obligated to issue warnings to anyone who is considering trespassing. Depending on the specific circumstances of the case, property owners may not be held liable for injuries sustained by trespassers. It is important to note that under Georgia law, property owners cannot intentionally cause harm to or expose trespassers to dangerous situations, meaning you cannot lay a trap or not warn of a dangerous dog.

Consult Attorney Joshua Smith

Whether you were injured at a big-box retailer, a family restaurant, a private residence, or a public building or facility, the defendant’s insurer will have as a goal to settle your case as quickly and inexpensively as they can. They don’t want to negotiate a claim or litigate a lawsuit. So, they may offer you a quick, low-ball settlement so the case is legally settled and you have no further recourse.

That is why it is in your best interest in many cases to talk with a personal injury attorney first. We work on a contingency basis meaning you do not have to pay us directly. We are paid out of the settlement we negotiate or win in a lawsuit.

A low ball settlement offer may not cover your medical bills, lost wages, and other expenses. It may certainly not fully anticipate the future losses you may suffer.  If you accept their initial offer, you do not have the opportunity for additional compensation. With Joshua Smith, a truly fair and comprehensive settlement can be developed that can cover current and future expenses.

Two-Year Statute Of Limitations In Georgia

Under Section 9-3-33 of Georgia law, plaintiffs have a two-year window to file a personal injury compensation claim starting from the date of the accident. After that two-year period ends, you will have little to no chance of recovery. That’s why it’s vital to speak to a personal injury attorney immediately after your accident. Two years may seem like a long time but it takes time to prepare a case and the sooner we begin the better. Remember the insurance company will be “fighting” us along the way.