In Georgia, the law requires property owners to exercise care to keep their premises safe for tenants, customers and guests. If you suffer an injury because of a hazard the owner knew about or should have known about, our slip and fall lawyers can fight to get you compensation.
A slip and fall accident often happens in a split second, but the recovery can take months. You need to act quickly to document what happened before the property owner cleans up the evidence. Taking certain steps, such as gathering photos, can make the difference between receiving money for your injuries and not.
What Is Negligence in a Slip and Fall Case?
Negligence is a legal term for carelessness. In slip-and-fall negligence cases, it means a property owner did not do what a reasonable person would have done to prevent an accident. It is not enough to just fall on someone else’s property. You have to prove the owner was at fault.
In Georgia, the law looks at whether the owner had “superior knowledge” of the danger. This means the owner knew the floor was wet or the carpet was torn, but you did not. If the danger was “open and obvious,” meaning any person would have seen it and avoided it, it is harder to prove the owner was negligent.
To win slip and fall negligence cases, lawyers must demonstrate four key things:
- Duty of Care: The owner had a legal obligation to keep the property safe for you.
- Breach of Duty: The owner failed to meet their obligation.
- Causation: The owner’s failure directly caused your fall.
- Damages: You have real losses, such as hospital or physical therapy bills.
Types of Injuries Common in Slip and Fall Accidents
Falls are a leading cause of emergency room visits. Some injuries are minor, but many are life-changing. We often see these injuries in our practice:
- Traumatic Brain Injuries (TBI): These happen when your head hits the hard floor.
- Hip Fractures: These are very serious, especially for older adults.
- Spinal Cord Injuries: A fall on your back can cause paralysis or nerve damage.
- Wrist and Arm Fractures: These occur when you try to catch yourself during a fall.
- Soft Tissue Injuries: Sprains and tears in your ligaments can take months to heal.
A variety of environmental conditions can cause these injuries. Wet floors, uneven surfaces, poor lighting, and debris in walkways can all lead to slip and fall negligence cases.
Evidence That Strengthens a Slip and Fall Accident Claim
Evidence is the most important part of proving negligence in slip and fall cases. Without proof, it is your word against the store owner’s word. Collect as much information as you can at the scene.
Photos and Videos
Use your phone to take pictures of the exact spot where you fell. Take photos of what caused you to slip, like a puddle or a piece of trash. Also, take photos of the area from a distance to see whether any warning signs were present.
Witness Statements
If anyone saw you fall, ask for their name and phone number. Other customers or employees might have seen how long the spill had been on the floor before you arrived.
Incident Reports
Always report the fall to the manager before you leave. Ask them to fill out a written report. Make sure you get a copy of the report or take a photo of it with your phone.
Surveillance Footage
Many businesses have security cameras. This video can show exactly how the accident happened. Your lawyer can send a “spoliation letter” to the business to make sure they do not delete the video.
What to Do After a Slip and Fall Accident
Immediately after a fall, check your body for pain. If you cannot move or feel severe pain, stay still and ask someone to call 911.
Then, report the accident to the property owner or the manager on duty. Before you leave, get them to create a formal incident report and get a copy or take a photo of it with your phone.
Take photos of the exact spot where you fell. Capture the liquid, the hole in the floor, or the lack of lighting that caused the trip. If there are people nearby who saw you fall, ask for their names and phone numbers.
Also, visit a doctor or an emergency room. A medical record from the day of the fall links your injuries directly to the accident. This makes it much harder for an insurance company to claim that you were hurt elsewhere.
Keep the shoes and clothing you were wearing in a safe place. Do not wash them or wear them again, as they may have traces of the substance that caused you to slip.
Avoid posting about the accident on social media. Insurance adjusters often look at public profiles to find photos of victims moving around or smiling. They can use these posts to argue that you are not actually in pain.
How a Slip and Fall Lawyer Can Help
A slip and fall lawyer can help you in a number of ways. These include:
1. Protecting Your Rights
A lawyer protects your rights when a property owner tries to blame you for your fall. They start by investigating the scene and the business’s history. They look for prior safety complaints or similar accidents that show the owner knew about a danger but failed to fix it.
2. Handling Insurance Companies
Adjusters often try to get you to settle for a small amount of money before you know the full extent of your injuries. A lawyer speaks with these adjusters on your behalf so you do not accidentally say something that could hurt your case.
3. Gathering Professional Evidence
A lawyer can hire experts to test the floor’s slipperiness or review medical records to prove how much your treatment will cost in the future. This helps ensure your settlement covers all your bills, not just the first one.
4. Tracking Legal Deadlines
In Georgia, you have two years to file a lawsuit under the statute of limitations. Your legal team makes sure every document is filed correctly and on time so you do not lose your right to seek payment for your injuries.
Contact Our Slip and Fall Lawyer
If you have been injured on someone else’s property, you deserve to know your options. Proving negligence in slip and fall cases requires a clear plan and quick action. Ruppersburg Injury & Accident Attorneys provides the help you need to recover what you lost.
Call us at 706.354.1000 to request a free consultation. We will review your case, explain the law, and help you decide on the best way to move forward.