Were you recently injured in a slip and fall accident in Atlanta, GA? Our experienced Atlanta slip and fall lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (800) 364-4444 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain, and suffering, and more. Contact our Atlanta, GA law offices to discuss the legal options that might be available to you following your slip and fall accident. The next steps are very important. Let Shiner Law Group help you with your slip and fall accident case today.
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Were You Injured In A Slip And Fall Accident In Atlanta?
Slip and fall accidents can happen anytime, anywhere. From a friendly backyard party to a quick trip to a department store, you can be seriously hurt afterward. If so, you may be eligible to file a claim.
Our firm’s Atlanta slip and fall lawyer can guide you through your case. We work to ensure that you receive support and adequate representation for the best possible outcome.
What is Considered a Slip and Fall Accident in Atlanta?
“Slip and fall” is a catch-all term for personal injury cases related to a person tripping or slipping while on someone else’s property. Typically, these cases are under the broad premises liability category according to Georgia law.
In these instances, a property owner can be found negligent if upkeep and proper maintenance are questioned. The law requires landowners to maintain the safety of their property to ensure the said property does not pose an unreasonable risk to authorized visitors.
Even places where falling seems unlikely can pose a threat. Your safety and well-being may be at risk while riding MARTA, walking down a sidewalk, or entering Hartsfield-Jackson Atlanta International Airport.
Other common places subject to hazardous or dangerous conditions include, but are not limited to:
- Amusement parks
- Apartment complexes
- Decks
- Elevators
- Gas Stations
- Hotels and resorts
- Sports facilities
- Stairways
- Worksites
Most injuries that may occur after a slip and fall accident at one of these places include soft tissue damage, cuts and bruises, fractures and spinal cord damage.
Why You Need Experienced Atlanta Slip and Fall Lawyer
Fortunately, you can seek compensation for yourself or a loved one to cover the medical bills for treating these conditions. Property owners have legal obligations under Georgia premises liability law after an accident takes place.
The law holds them accountable no matter where or how you are injured. However, an Atlanta slip and fall attorney works to make sure the owner accepts responsibility. The property owner will have the insurance company and an attorney prepared to fight your case.
Having an experienced attorney on your side helps to level the playing field. They know some of the legal maneuverings the other side uses to reduce the value or deny your claim.
Additionally, an attorney will help to compile solid evidence of your accident and the owner’s negligence. Getting representation from start to finish improves your chances of receiving a fair settlement.
Common Slip and Fall Accidents in Atlanta
The causes of slip and fall accidents may vary. Some include:
- Cracked or uneven flooring
- Debris on floors or other walking surfaces
- Deteriorating sidewalks or floors
- Missing handrails on stairs
- Poor lighting
- Slippery floors
- Spills
- Other hazardous conditions
What to Do After an Atlanta Slip and Fall Accident
There are certain things to do if you or a loved one are involved in a slip and fall accident. The first thing you should do is seek medical attention as soon as possible. Make sure you get the names of property managers and owners. Names and contact information for witnesses are also helpful.
Take pictures of your injuries and the area where the accident occurred. Also, keep any clothing or footwear that you had on at the time.
Once the other side is aware of your injuries, you can expect contact from their insurance adjuster. Avoid giving any recorded or non-recorded statements expressing fault for the accident. The evidence may not support your initial reaction to what happened.
Based on specific circumstances, you may have a liability case even if there were adequate warnings of potential risks. This may apply to a construction site or premises where you encounter hazards.
Mistakes to Avoid After a Slip and Fall Injury
When you first trip, slip or fall on public or private property, you may not be aware of the potential personal injury case. This may or may not lead to mistakes in the beginning. However, there are a few things you want to do your best to avoid.
One of the primary mistakes is not filing a report with the manager if you are injured at a restaurant, for example. Another mistake is not preserving evidence such as a surveillance video. Not documenting the scene with photographic evidence is another mistake.
Even if you made one or all of these mistakes, an attorney can help you backtrack with written requests for discovery evidence that is important to your case.
Proving Liability in a Slip and Fall Accident
According to the National Floor Safety Institute, more than 1 million ER visits are due to slip and fall accidents. While this is a relatively high number for injuries, proving liability requires legal acumen to establish that the property owner was negligent.
The other rule of evidence to prove is that the property owner breached their duty of care and as a result, this breach is the direct cause of your or a loved one’s injuries. A successful case proves:
- A hazard or danger existed on the property
- The property owner either knew or should have known the dangerous condition existed
- The property owner failed to either address or warn you about the condition
- The hazard or danger caused you or a loved one’s injuries
Our slip and fall lawyer can explain the legal concept of premises liability under Georgia law. Essentially, they can help you establish that the property owner was negligent and owed you a duty of care.
Responsible Parties When Slip and Fall Accidents Occur
Slip and fall cases must have a responsible party that owns and/or manages the property. The negligence of this responsible party is essential to proving these cases. Typically, the party can be a commercial property owner, residential property owner or government-owned property.
Commercial Property Owner
The commercial property owner of a restaurant, store or other business is legally responsible for your injuries from a slip and fall if:
- They caused a worn or torn spot, spill or some other type of dangerous or hazardous floor surface condition
- Knew about the dangerous or hazardous conditions and did nothing to make the area safe for visitors
- Should have known about the hazardous floor condition because it would have been discovered, removed and repaired after reasonable care of the property
The law is a gray area where the commercial property owner “should have known” about the condition. Still, this more common occurrence uses common sense as one way to decide liability.
Unreasonable steps to keep the property safe may be required for a number of entities or people for a commercial property accident.
Residential Property Owner
Similar to commercial, a slip and fall injury in residential settings requires proof of the owner or landlord’s inaction. If you are a tenant, the landlord can be held responsible after an injury once you show that:
- The dangerous or hazardous condition was under the landlord’s control
- Repairs to the dangerous or hazardous condition was not a difficult or unreasonable expense
- Not fixing the dangerous or hazardous condition made the serious slip and fall injury a foreseeable consequence
- Failure by the landlord or residential property owner to take reasonable steps directly caused your slip and fall accident
Government-Owned Property
There are special rules that apply if your slip and fall injury occurs on a local, state or federally-owned property. Broad immunity provisions and stringent notice requirements might shield government entities from liability.
Our Atlanta slip and fall lawyer will take the same approach to ensure your rights are not simply dismissed.
Recoverable Damages in Atlanta for a Slip and Fall Lawsuit
No matter where you or a loved one suffered injuries, there was an accident that caused financial and nonfinancial damages. One of our slip and fall lawyers will access the damages appropriate for the circumstances of your case.
Documentation from medical bills, pay stubs, billing statements and receipts offer clear proof of financial damages after an accident. Examples of these types of damages include:
- Medical bills for ER care and hospital stays to treat your injuries
- Subsequent physical or occupational treatment to help you recover
- Lost wages while you were receiving treatment
- Reduced earnings capacity if the severity of your injuries forced you to take a lower-wage job or stop working
Besides the common pain and suffering, other nonfinancial damages may cover:
- Disability
- Loss of companionship
- Loss of enjoyment of life
- Psychological trauma
Because nonfinancial damages do not have a fixed dollar amount, some cases make these difficult to establish. Nevertheless, our lawyer will also review and calculate the value of your losses.
Slip and Fall Statute of Limitation in Georgia
Keep in mind that there is a limited amount of time to bring a slip and fall claim in Atlanta. Georgia’s statute of limitation gives you two years. This covers all that is involved from the date of your slip and fall to when you bring the claim and have it settled in court.
Although two years seems like a long time, two years can pass quickly. You want to give yourself and your attorney all of the necessary time to build a strong case. Therefore, you want to speak with an Atlanta lawyer right away. The stronger the case, the greater chance you have of successfully winning.
Wrongful Death Lawsuit in Atlanta for a Slip and Fall Incident
While the term may sound innocuous to some, a slip and fall accident can lead to serious injuries. These injuries from a slip, trip or fall can fracture bones and damage your brain or spinal cord. Some accidents may even lead to an unfortunate and untimely death.
This is why keeping properties safe is a requirement. However, some property owners fail to do what is necessary to keep people safe. If your loved one succumbs to fatal injuries after a slip and fall, you want a trusted and compassionate law firm by your side.
Once you schedule a free consultation, our attorney will explain the wrongful death laws in Georgia. Our firm will work on your family’s behalf and pursue all damages that apply to your case.
While your family mourns the loss of your loved one, we can file a wrongful death lawsuit. Along with our sincere condolences, we will work to help your family receive the compensation that you deserve.
Damages recovered in a wrongful death lawsuit can pay for funeral and burial arrangements. You may also be compensated for final medical expenses. Some damages also take into account the income your loved one contributed to the household.
No amount of money can replace your loved one’s presence. Still, we will also include pain and suffering damages.
Speak With an Atlanta Slip and Fall Lawyer Near Me Today
If you or a loved one has suffered serious injuries from a slip and fall, do not hesitate to call the Shiner Law Group. During a free, no-obligation case evaluation, our Atlanta slip and fall attorney will review the details and discuss your legal options. Contact us today!