When you slip and fall on another individual’s property, they could be liable for any injuries you sustain. Both residential and commercial property owners owe duty of care to persons entering their premises, with the exception of trespassers such as burglars and vandals. If you were injured in the last few days or weeks on someone’s property due to owner negligence, speak with a Roswell slip and fall lawyer as soon as you are able. If you cannot make the call because of your injuries, ask for a loved one’s assistance.
Discussing your case with a knowledgeable attorney determines whether you have a claim in light of the circumstances surrounding your accident. If the property owner failed to provide duty of care, that individual could owe you damages including medical costs, pain and suffering, and emotional anguish.
Proving Negligence in Slip & Fall Accidents
To show negligence in a local slip and fall incident, you and your attorney must prove the following:
- That the property owner knew about the hazard(s) and failed to act accordingly
- That the owner’s negligence resulted in the plaintiff’s accident
- That the plaintiff’s injuries are directly connected to the incident
- That the injuries have cost the plaintiff money on medical treatments such as prescription pain medication and physical therapy
Fall-related accidents have many causes, including surfaces made slippery from snow, ice, rain, and assorted products such as oil or grease. They can also occur because of insufficient indoor or outdoor lighting, loose floorboards or carpeting, broken shelving or racks, broken steps or staircases, and merchandise left on store floors among other things.
Best Practices After a Slip & Fall Incident
To strengthen an injury claim, you should inspect the scene of the accident to determine what caused the fall, such as a wet floor without warning signage or a broken step on an unlit staircase. You should also take photos of and notes about the scene and speak to any witnesses. After collecting evidence and seeing a doctor, plaintiffs should file claims with the assistance of legal professionals.
Since slip and fall calamities are considered personal injury cases, the Official Code of Georgia Annotated Title 9, Chapter 3, Article 2, Section 33 requires filing claims within two years of the accidents. If an incident resulted in property damage, plaintiffs have four years to make claims.
The Modified Comparative Negligence Rule
In Roswell and the rest of Georgia, courts follow a modified comparative negligence rule to determine fault in personal injury cases. While comparative negligence allows you to request damages no matter what percentage of fault is assigned to them, modified comparative negligence draws a line at 50 percent. If you are found over 50 percent to blame for the accident, you are not entitled to damages. Any percentage below 50 results in damage limitations. For example, if you are found 30 percent to blame for your injuries, your damages will be reduced by that percentage.
Talk to a Roswell Attorney Today About Your Case
Injuries from a slip and fall accident can include head trauma, spinal cord damage, broken bones, torn muscles, and neck injuries depending on what caused the mishap and how the individual fell. If you are currently recovering from injuries, contact a Roswell slip and fall lawyer now.
Our attorneys are ready to work for you. Contact our firm today to get started.