If you are injured in a slip and fall accident, you may be entitled to compensation. To qualify for payment, you must show that you were the victim of an intentional act or omission on the part of the defendant.
To see if you may be able to file a slip and fall case in Georgia, get started by going through this comprehensive guide to Georgia laws that impact slip and fall cases.
What Is a Slip and Fall?
A slip and fall is an accident in which someone falls, typically while walking or running. The person may be injured due to slippery surfaces or hindrances blocking their path. For example, you could trip while on the stairs or slip on a freshly cleaned surface.
In cases like this, it is crucial to determine if there were warning signs, for example, to alert you that the floor is wet. The lack of such signs can be grounds to file a lawsuit. A personal injury lawyer can help you build a strong case.
Common injuries include:
- Cuts and abrasions
- Hip fracture
- Traumatic brain injury (TBI)
- Spinal cord injuries
- Neck and shoulder injuries
- Broken bones
What Are Some Common Georgia Laws That Impact Slip and Fall Cases?
Some common Georgia laws that impact slip and fall cases include the following:
Statute of Limitations
The statute of limitations is a deadline set to determine a fixed period for seeking legal action against a defendant. According to Georgia Code section 9-3-33, the victim might file a personal injury claim within two years from the date of the accident. Therefore, it is important to seek legal counsel as soon as possible after the incident.
Compensation
If you are injured in a slip and fall accident, you may be entitled to compensation. Depending on the severity of your injury, you may also be entitled to:
- Medical expenses
- Lost income
- Pain and suffering (including emotional distress)
- Death benefits
Contact an attorney who can guide you through the complicated legal paperwork of claiming compensation to get started on this process.
Negligence
You must prove that the other person was negligent to win a case. This means that you must show clearly and convincingly how their actions (or lack of) have played a significant role in the accident that caused your injuries.
Self-Induced Injuries
A popular counter-narrative insurance companies or defendants choose is that the injuries are self-inflicted. To avoid such claims, get a medical consult immediately after the accident. A doctor can assess and document your injuries while still fresh.
Also, make sure to document the accident scene. You can use your phone to snap a few shots and take short videos of the surroundings. These can serve as valuable evidence later.
Premises Liability
Suppose you have been injured while on the property of another. A property owner has a responsibility to look after the property and take reasonable action to prevent accidents from occurring. These are the main points to discuss with your lawyer:
- Your legal status as a visitor
- The victim’s age
- The condition of the property
- The actions of both the owner and the visitor
Previous Knowledge of Hazards
If you are injured on private property, the property owner may be held liable for your injuries if they knew of the hazard and failed to take appropriate action. If they did not know of the danger, they are only responsible if they were grossly negligent in their activities.
The landowner is held liable if they knew of a condition on their property that another person created with their permission. The landowner must determine if they were aware of the other party’s intention and whether their actions could have prevented the condition from developing.
If you have been injured in a slip and fall accident in Georgia, you should contact an experienced Macon slip and fall lawyer as soon as possible.
Get Started on Your Slip and Fall Case in Georgia Today
To win a slip and fall case, you will need to prove that another person was negligent in their actions. It is a difficult task, but it is possible. To do so, you will need to gather evidence that supports your arguments.
