Under Georgia law, property owners have a duty of care to ensure that their premises are free of any dangerous hazard that can cause injuries. If they violate their duty and you suffered injuries due to property conditions that were unsafe, our Atlanta slip and fall lawyers at the Law Office of John B. Jackson might be able to assist you with recovering monetary damages. Give us a call at 770-988-6155 today to get your Free Case Review scheduled.
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How Can an Atlanta Slip and Fall Attorney Help You?
Retail institutions and insurance companies want to get a quick settlement and pay you the least amount of money possible. They have entire teams of lawyers who do their best to benefit their client, which is the insurance company. It doesn’t matter how nice they might sound over the phone, without an attorney you are alone and vulnerable.
You need help from experts like the Atlanta personal injury lawyers at the Law Office of John B. Jackson to represent your best interests and ensure your rights are protected. Insurance adjusters try to talk to a victim immediately and most people are naturally inclined to talk. However, you should not talk to insurance adjusters before an attorney. There are rights that you possess that you might not be aware of. Please do not speak to anyone without our help and guidance.
What are the Most Common Causes of a Slip and Fall Accident?
In Georgia, there is a wide range of conditions and causes that can result in a slip and fall accident. Some of the most common include the following:
- Failing to restrict areas and/or place signs where hazardous conditions exist.
- Failing to install anti-slip devices, storm drains, or gutters which can result in hazardous conditions during heavy snowfall or rainfall.
- Weather conditions like ice or snow that is not salted and/or shoveled away
- Hazardous debris like tree branches that are not cleared away
- Spills that are not cleaned up inside of nursing homes, hospitals, stores, etc.
- Wet or slick floors, staircases, and walkways
- Broken staircases (which includes missing handrails) or malfunctioning escalators
- Unlit hallways or walkways
- Improper maintenance or structural defects that result in torn carpeting, broken floor tiles, potholes in parking lots or streets, cracked sidewalks, or uneven steps.
A slip and fall claim may be filed due to a serious falling injury that takes place on any property that you do not own. All property owners – whether they are a city owning a government building, a construction corporation, a homeowner, or a grocery store owner – has a duty of keeping visitors safe. Whenever this expectation is not met, U.S. citizens have the right to take legal action and stand up for themselves. This helps to ensure that no one is needlessly injured again.
How Much is a Slip and Fall Case in Atlanta worth?
There are three main components to a personal injury claim:
- Pain and suffering
- Lost income
- Necessary and reasonable medical expenses
We will collect your medical bills and communicate with your employer and you to total up the amount of time that you missed from work that was not your fault. The pain and suffering component is more complex and is often determined through both intangible and tangible evidence. We do not calculate any number until you recover as much as possible first.
What Immediate Steps Should You Take Following A Slip and Fall Accident?
If you sustain a slip and fall accident in a public place, there are steps you can take to help yourself.
- Take as many photos as you can at the scene of the accident
- Report the accident to a manager
- Write down the names of witnesses and their contact information
- If you are in need of medical care, get it immediately
- See if the problem can be addressed immediately, if possible
Our investigators will often return to the scene of the accident with you to have you recreate the incident. We will contact any witnesses and handle your case from there so that you can focus on healing. If you are seeing a doctor, follow the treatment plan until you have recovered completely.
How Does Comparative Negligence Law Apply to Slip and Fall Cases in Georgia?
When it comes to slip and fall injury lawsuits, the concept of negligence is the very first thing that you need to understand. Whenever a property fails to properly maintain their property, they are acting in a negligent manner.
Whenever injuries occur as a result of their negligence, you can hold them financially liable for your injuries. However, if your injuries were partially caused by your own carelessness or actions (for example you ignored a warning sign or your cell phone distracted you), then your award for damages and injuries might be reduced by the amount of your comparative fault.
When you are filing your slip and fall accident claim, you might be asked the following types of questions:
- At the time that the accident occurred, did you have a good reason for being on the premises of the property owner?
- Would an individual of reasonable caution (who was not at all distracted) who was in the same situation have noticed and been able to avoid the dangerous condition?
- Was a warning of the dangerous condition that resulted in your slip and fall accident given by the property owner?
- Were you engaged in any activities that contributed to the slip and fall injuries that you sustained?
After you have fallen victim to a slip and fall accident, most likely you will be asked these types of questions by the insurance company representing the property owner in order to try to establish that you were acting in a negligent manner. Depending on your answers, it can lower your accident settlement significantly. Without assistance from a skilled and experienced slip and fall injury attorney, it will be very hard for your claim to be successful in a court of law.
How To Prove Your Slip and Fall Accident
In order to prove that the only reason that your accident happened was due to the property owner’s negligence, there are two things that you will need to prove in accordance with the premises liability laws in Georgia:
- The property owner was aware of or reasonably should have known about the hazardous condition
- The injured accident victim did not know about the dangerous condition (there were no posted signs ad could not see it at that time).
Under the rules above, a property owner is allowed a reasonable amount of time to get any hazardous conditions that might exist fixed. During that time, the owner must keep visitors away from the hazardous area and/or post signs. The exact definition for what is considered to be “reasonable” as it applied to a slip and fall case is determined by the jury and/or judge at the time of negotiations or litigation.
Recover with Assistance from an Atlanta Slip and Fall Attorney
If you were injured as a result of a slip and fall accident that took place on someone else’s premises, call the Law Office of John B. Jackson to be connected with an expert slip and fall injury attorney in Atlanta. Our law firm specializes in assisting victims of negligence. WE have all of the resources needed to fight for and protect your legal rights. We will work together with you to help keep Georgia safe.