When a Georgia Business is Liable for a Slip and Fall Accident
While many of those who are involved in slip and fall accidents are lucky enough to walk away with scrapes and bruises, an alarming number are not so fortunate. In these cases, it is often in an injured party’s best interests to file a claim with the at-fault property owner whose failure to care for his or her premises led to the accident. This does not, however, mean that liability is imposed automatically. Instead, an injured party will need to establish that the company’s negligence caused the accident and his or her injuries. This can be a difficult endeavor, which is why so many slip and fall victims are encouraged to work with an experienced attorney when filing a claim.
Slip and Fall Claims are a Type of Premises Liability Case
Slip and fall accidents fall under the broad umbrella of premises liability, which is a legal concept that seeks to hold property owners liable for injuries that occur on their premises. This does not, however, mean that any time someone is hurt on a property owner’s premises that he or she will always recover. Instead, the injured party will need to prove that the business or property owner in question failed to take reasonable steps towards keeping their premises safe.
The Elements of a Slip and Fall Claim
To file a successful claim against a business, a slip and fall accident victim will need to be able to establish four specific elements, including that:
- The business had a duty to maintain safe premises for its visitors;
- The business breached that duty by allowing a hazardous condition to exist on the property;
- The hazardous condition caused the victim’s slip and fall accident; and
- The victim suffered actual damages (i.e. medical bills and lost wages).
To prove these elements, a slip and fall victim will need to have strong evidence against the business in question. This could include photographs of the accident scene, video footage of the fall, eyewitness testimony, business maintenance reports, and medical records.
Common Slip and Fall Hazards
There are a lot of hazards that, if left unaddressed by a business owner, could qualify as negligence if a person slips and falls as a result. This includes:
- Wet or slippery floors caused by spills, leaks, recent cleaning, or waxing;
- Walkways that are cluttered with merchandise, debris, cords, or other tripping hazards;
- Poor lighting that makes it difficult to see and avoid hazards;
- Uneven flooring, like torn carpeting;
- Missing or loose handrails on stairways; and
- Weather-related hazards, like ice and puddles at entryways.
If you were injured in a slip and fall accident because of this type of negligence, you could be entitled to compensation for your losses. To learn more about filing a legal claim against the business that caused your own slip and fall accident, please reach out to our legal team today.
Call Today for an Evaluation of Your Case
At Shiver Hamilton Campbell, our Savannah slip and fall lawyers have decades of experience handling premises liability claims. Let us put that experience to use in your own case by calling us at 404-593-0020 and setting up an initial case review today.
Sources:
forbes.com/advisor/legal/personal-injury/premises-liability/
law.justia.com/codes/georgia/2010/title-51/chapter-3/article-1/51-3-1
