Top-Rated Georgia Slip and Fall Lawyer in Atlanta, Georgia
A slip and fall may not seem serious to most people, but they can be the cause of serious, debilitating injury and long-term pain and suffering. If you were injured because of a hazard at a business or residence, the property owner often can and should be held liable. When you need a slip and fall attorney in Atlanta, the Fitzpatrick Firm is by your side.
Understanding Premises Liability in Atlanta
Under Georgia law, property owners are legally responsible for maintaining safe conditions. Not only does this apply to businesses, but homeowners are also legally responsible for hazards around their property and the City of Atlanta is responsible for maintaining infrastructure including sidewalks and city property. Often, slip and fall accidents are preventable and wouldn’t occur if proper maintenance and care were taken around the property and failure to do so refers to premises liability. If you are injured due to dangerous conditions, you are able to seek and recover compensation for those damages for lost wages, medical bills, future medical expenses, and pain and suffering caused by your injuries.
Causes of Premises Injuries
The most common causes behind premises liability cases are:
- Wet entryways
- Slippery floors in restrooms
- Icy sidewalks
- Damaged flooring or carpeting
- Defective equipment, such as escalators or turnstiles>
- Holes in the landscaping or parking lot
- Broken or missing handrails
- Boxes or products in walkways and aisles
- Insufficient lighting or dim areas;
Injuries from these causes can lead to a variety of serious injuries including traumatic brain injury, spinal cord injury, broken bones, and sprains.
Cause for Being on the Premises
In a premises liability case, the court may need to know your reason for being on the premises because the standard of care required on a property is dependent on who and why they are on the property.
- Trespasser: If an individual is not on the property lawfully, the owner owes no duty of care. If you trip in a hole on the property while trespassing, you wouldn’t have a case.
- Licensee: People on the property for social reasons, such as friends or family should be warned of dangers. For example, if you tripped on a hole while walking to the door, the owner is liable if they didn’t tell you about the hazard.
- Invitee: When the public is invited onto the property, such as an open business like a grocery store or when a mail carrier is dropping off mail to a property, the highest standard of care is in place to keep premises safe.
The plaintiff must prove that the owner of the property was not maintaining it in accordance with the standard of care as well as that negligence directly led to the injury. For example, the owner or responsible parties, such as a manager or caretaker, knew or should have known about the problem and failed to act. If it’s raining outside, the manager of a restaurant should know to place “wet floor” signs in the entry to prevent people from slipping, or a homeowner should place a “Beware of Dog” sign on their property to alert people coming onto the premises.
Damages awarded in civil cases in Georgia are determined by modified comparative fault. This means that the court will determine how much, if at all, you were at fault, set a percentage, and reduce damages awarded by that amount.
For example, if you were running through a store and slipped on water caused by a roof leak, you may be seen as being partially at fault for your injury. If the court determines you were 10 percent at fault for the injury but damages totaled $50,000, you would be awarded $45,000.
Why You Need a Slip and Fall Lawyer
If you are injured because of neglect on someone’s property, you need an experienced slip and fall lawyer in Atlanta to represent you. At The Fitzpatrick Firm, we have the experience and knowledge to dig into the details and find out the facts that led to your injury. Often, insurance companies will try to pin the blame on the victim or say that there was no way the property owner could have been aware of the problem in order to avoid payouts. Other times, they will try to pressure victims into settling for paltry sums to close the case.
We will stand up to the insurance companies and fight to get you the compensation you deserve as well as hold negligent property owners accountable to prevent anyone else from experiencing your pain and suffering. While we try to settle out of court to secure your compensation quickly, we aren’t afraid to take your case in front of a jury and fight on your behalf.
Statute of Limitations
It’s important to speak with a slip and fall attorney as soon as possible after your injury. In Georgia, an injury claim can only be filed within two years of the incident. After that, a court won’t accept the filing and you will lose out on your claim to compensation.
Schedule a Free Consultation with a Slip and Fall Lawyer in Atlanta
If you’ve been injured because of a hazard or dangerous conditions at a business or someone else’s property, we can help you recover damages so you can move forward. Schedule a free consultation with a slip and fall attorney at The Fitzpatrick Firm today to discuss your case by calling or filling out the contact form below.