Slips and Fall Injuries
One of the most frequent kinds of personal injury occurrences is slips and falls. This is largely due to numerous property owners being negligent and failing to ensure safe conditions for individuals on their premises. Despite their commonality, not all slip-and-fall accidents result in favorable legal outcomes. In order to be successful, it’s crucial to enlist the services of a skilled attorney who can demonstrate the property owner’s legal negligence and its direct contribution to your injury. If this can be proven, you may be eligible for both economic and non-economic damages, even if you share partial responsibility for the incident. Get in touch with an experienced slips-and-fall lawyer today!
Negligent Property Owners
The foundation of a slips-and-fall lawsuit rests upon the argument that the property owner acted negligently. Legally, negligence is defined as a failure to uphold the same level of care that a reasonable individual would exercise. In Georgia, property owners are required to maintain a safe environment for those legally authorized to access their property. This duty varies depending on whether the person is a business invitee, licensee, or trespasser. Should they fail to meet the appropriate standard of care, they will be deemed legally negligent and held liable for any slip and fall incident that occurs on their premises. This is why you want a qualified slips-and-fall lawyer on your side.
Proving Negligence
In a slips-and-fall case, it’s essential to substantiate any claims of negligence against the property owner or occupier. Even if you’re certain that they were at fault, you must provide evidence to support your argument. As a business invitee on a property that invites customers intending to generate revenue, you must prove that the property owner either created or failed to address a dangerous situation when they had the chance to do so. Additionally, you must demonstrate that the property owner possessed superior knowledge of the hazardous condition.
For instance, if a restaurant’s staff fails to promptly clean up any spills, and a slip and fall accident occurs as a result, the restaurant may be held liable for a personal injury lawsuit due to their negligence. It’s important to note that the property owner must have had a reasonable opportunity to remedy a hazardous condition caused by a third party. If you slip on a drink spill immediately after it occurred, the property owner may not be liable because they didn’t have a chance to address the hazardous condition.
Other Relevant Factors
If you are a trespasser on someone’s property or have limited authorization to enter it occasionally, the standard of care owed to you by the property owner is much lower than that of a business invitee. The owner or occupier of a property is not obligated to ensure the safety of a trespasser who is present without their knowledge, even if they are generally aware of trespassers accessing their property. Once the trespasser’s presence becomes known, the only duty owed is to refrain from willful and wanton behavior.
When an alleged injury is caused by a static condition, as opposed to dangerous active operations or active negligence, no duty arises regarding the licensee of keeping the usual condition of the premises up to any standard of safety, except that they must not contain a pitfall, a mantrap, or other things of that character. The doctrine of mantrap or pitfall rests on the theory that an owner is expecting a trespasser or a licensee and has prepared the premises to do him injury. It implies a disregard for consequences or a willingness to inflict injury.
You May Be Eligible for Both Economic & Non-Economic Damages
In a slip and fall case, you may be entitled to both economic and non-economic damages. Economic damages encompass medical expenses and lost wages incurred as a result of the accident. Non-economic damages, on the other hand, compensate for pain and suffering and a decreased quality of life.
It’s crucial to have an attorney evaluate your case to determine all the damages you may be eligible for. Some people mistakenly accept the initial payment offered by the property owner’s insurance company. They may be unaware that it is usually much lower than what they’re entitled to under the law. Insurance firms frequently attempt to evade paying non-economic damages altogether.
Keeping Records Can Help You Prove Damages
Maintaining thorough records can aid in demonstrating damages in the event of a personal injury incident. It’s crucial to keep track of all medical expenses linked to the injury. Additionally, it’s essential to document the amount of work missed as a result of the injury.
Barnwell Law Group Is the Right Choice for Your Slip and Fall Slip
When it comes to these cases, having the right slips-and-fall lawyer can be crucial to winning. At Barnwell Law Group, we have a proven track record of successfully representing clients in slip-and-fall cases. We understand the complexities of proving negligence on the part of the property owner. We are committed to maximizing our clients’ settlements. Our team is here to provide you with legal support and guidance throughout your case. Thus, ensuring that you receive the compensation you deserve. Schedule a consultation with Barnwell Law Group or call (678)-383-4193 today to discuss your slip and fall case.