If you’ve fallen on someone else’s property, you’ll need to prove their negligence caused your injuries. A Smyrna slip and fall accident lawyer can establish negligence by demonstrating that the property owner owed you a duty of care, a breach of that duty caused your injuries, and you suffered damages due to your injuries.
If you’ve been injured while on property that is not your own, you may have the right to pursue compensation for your losses.
Proving Negligence After a Slip and Fall Accident in Smyrna, Georgia
When you slip and fall in a store or on a sidewalk, it may be because someone, such as the owner, an employee, or the occupant, acted (or failed to act) in a negligent manner. To file a claim for your losses, you must prove negligence and identify the liable party. In Smyrna, Georgia, we approach such a case by investigating the accident and establishing the following:
Duty of Care
The owner or occupant of the property where you slipped and fell has a duty of care to keep the premises reasonably safe if others may be visiting by invitation or implied invitation, per O.C.G.A. § 51-3-1. If there was a condition on the premises that may not have been safe, then the owner or occupant had a duty to fix it or warn visitors of the hazard.
Breach of Duty of Care
The owner or occupant did not keep the premises reasonably safe and/or failed to warn visitors of a hazard.
Causation
The breach of duty, such as unmarked wet floors or missing stair rails, caused you to slip, fall, and sustain an injury.
Losses
Your injury caused you to suffer economic and/or non-economic damages.
Be aware that your “status” on the premises may affect the rules of negligence and liability. You have the most protection if you are an “invitee,” such as a shopper in a grocery store. Next comes a “licensee,” who is legally on the premises but for their own purposes, such as someone who wants you to sign a petition. Finally, there is a “trespasser,” who does not have permission to be on the premises. The property owner does not owe a trespasser a duty of care.
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Evidence We Need to Prove Negligence in a Slip and Fall Case
It isn’t enough to say that someone was negligent and caused you to slip and fall. You and your attorney must collect evidence to support your claim. The evidence you need can come from multiple sources, such as:
- CCTV
- Statements from eyewitnesses
- The complaint history of the premises as well as previous complaints brought against the owner and occupants
- Images taken by you or bystanders of the hazard and the area surrounding the spot of the accident
- Your personal notes of the accident and injuries
- Police and medical reports
- Accident report by the owner, manager, or other individual
Our team will gather the necessary evidence to establish negligence for your slip and fall accident.
How Negligence Laws in Georgia Could Affect Your Slip and Fall Case
Georgia follows a modified comparative negligence rule. This means that you can recover compensation for an accident someone else caused, even if your actions contributed to the accident. As long as you are less than 50% at fault, you may be awarded compensation. For instance, if it’s determined that you are 10% at fault and you are awarded $100,000 for your losses, you will only be able to collect $90,000.
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Compensation for a Slip and Fall Accident in Smyrna, GA
A slip and fall claim, which comes under the umbrella of premises liability, may be compensable if our lawyers can identify the liable party and establish how their negligence caused your injury.
Compensation is tied to the circumstances of your case. The severity of your injuries is one factor that determines what you can recover. A slip-and-fall accident attorney will assist you in recognizing all of your losses and filing a claim in pursuit of a compensation settlement. Those damages may include:
- Medical costs from the time of your injury to now, and estimated future costs
- Wages and benefits lost as you recover, and loss of future earnings if recovery is extended or you cannot return to work
- Replacing or repairing personal property damaged during your fall, such as your phone, tablet, clothing, or any other items you had with you
- Out-of-pocket expenses such as childcare, transportation, housekeeping, or insurance deductibles
- Physical and mental pain and suffering
- Anxiety and depression
- Mental anguish
- Loss of quality of life
- Disfigurement or disability
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Statute of Limitations to File a Slip and Fall Injury Lawsuit in Georgia
The statute of limitations is the amount of time after the date of your accident that you, as the plaintiff, have to begin legal proceedings against the liable party, known as the defendant. In Georgia, that time is generally two years for personal injuries, but multiple exceptions extend or shorten the time. Speaking with a slip-and-fall lawyer for guidance on this issue could help you avoid being barred from bringing a lawsuit, should your time run out.
Bader Law Injury Lawyers Help You Navigate Slip and Fall Accident Negligence
Our Smyrna slip and fall accident lawyers understand the stress of struggling to recover from an injury while fighting for the justice you deserve. We offer free case reviews as a way for you to get answers to your important questions and learn what your best legal options may be.
Our award-winning personal injury attorneys have won millions on behalf of our clients. Seeing you get your life back is what motivates us every day. We are on your side and ready to fight. Schedule your free case consultation today.
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