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Slip & Fall
Atlanta Slip and Fall Accident Attorneys
Property owners are required by Georgia State laws to keep their land, buildings and surrounding landscape free from conditions that could cause harm. A common accident that can occur due to improper care includes the act of individuals slipping and or falling. Injuries from slip and fall cases could be a result of numerous factors and can occur on both public and private property.
Georgia premises liability law governs whether or not a property owner is legally responsible for an injury that you suffer while on that particular property.
Common places that have been found to have dangerous environments include:
- Apartment complexes
- Grocery stores
- Gas stations and convenience stores
- Neighbors' houses, yards and decks
This is not a comprehensive list, but rather a few of the most frequented locations where slip and fall cases have been known to happen. They can occur in any place that has the possibility of uneven ground, slippery surfaces or other obstructions that cause a person bodily harm.
Everything from minor scrapes to life-altering damage can occur because of this type of accident and it is vital that you speak with an attorney to receive the compensation that is rightfully yours.
Sometimes you cannot prevent an accident from occurring, as it may have taken place due to poor maintenance by an employer or property owner, such as in the following situations:
- Lack of cleaning: When liquids get spilled on the ground, property owners should have a process in place to clean the hazard or caution off the area.
- Poor lighting: When walkways are not well lit and light bulbs are not replaced.
- Broken stairs: When a stair or other piece of flooring is broken or uneven.
Do I have a good slip and fall case?
It is a general rule that a property owner must take reasonable precautions to keep those that he or she invites onto their property safe from unreasonable risks that could result in harm. Often the judge in this type of case will question whether or not the property owner was aware of the prospective damage or not.
If they were well aware of the possibility that they could be presenting an unsafe setting prior to having other individuals on their land, there is a very high chance of the victim receiving compensation.
Should the homeowner or business proprietor not have been notified or conscious of the detrimental surroundings, it may be more of a complicated situation. Having a competent lawyer with you throughout every step of the way may allow you a greater chance of obtaining restitution for your losses.
What should I do if I am hurt while on someone else's property?
- First things first, it is vital that you get medical attention immediately. This is important not only to get the relief you need but also to document that the incident was actually the cause of the pain you are now experiencing.
- Report the incident to the store manager, clerk, or other individuals on hand if it occurred at a business place and get their full names if you can. You do not want to give the property owner an ability to say the incident never occurred.
- Take a photo of the condition that caused your fall if you can as the more evidence you can provide, the better the chance you have of recovering reimbursement. Most importantly, speak with an attorney. Medical bills can pile up quick, especially if you are forced to miss work. You owe it to yourself and your family to do everything possible to protect your rights.
Who is Liable for My Fall Accident and Injury That Occurred at Work?
It depends. Was the fall your fault? Did you trip over your own shoelace? Did your high heel break? Were you not looking where you were going? If you answered no to all of those questions, then your employer or the owner of the property may be liable for your slip and fall accident and injuries.
Although you may feel awkward bringing this matter up to your employer, you shouldn’t have to pay for your medical bills, physical therapy or lose income for a fall that wasn't your fault.
Business owners have insurance for incidents of this sort, and they should be willing to pay for Georgia premises liability claims that occur on their property.
Although you may be afraid that your employer may punish you, retaliate against you, or fire you for your slip and fall accident, that action would be against the law. Business owners and property owners have a duty to take care of their grounds to make sure employees and visitors are protected from dangerous conditions.
We also, however, understand that you don’t want to be put in an awkward position. This is why we handle these slip and fall cases between employers and employees with the most discretion.
If you need help with your case, contact our Atlanta slip and fall accident lawyers at The Kalka Law Group at (678) 270-2377 for a free consultation today.
What should I do after getting injured in a slip and fall accident?
Several other things you should do after getting injured in a slip and fall include:
- See a Doctor. Depending on the severity of any injury, you may want to be transported to the emergency room by an ambulance to get prompt medical care. If your injuries aren’t too bad, then you may want to make an appointment with your primary care doctor. In either case, it is critical that you seek medical attention immediately for your health and for documentation purposes in case you pursue a premises liability case.
- Take Down Details. If possible, write down what time the fall occurred and take detailed notes of what happened. If you have a camera on your cell phone, take pictures of the accident scene.
- Talk with an Accident Attorney. Talking to a lawyer skilled in premises liability law will let you know if you have a case and how to go about protecting your rights.
A slip and fall case is a personal injury case in which a person slips (or trips), falls and is thus injured on someone else’s property. Not every fall is subject to a lawsuit. If the person is trespassing, he/she has very few rights. If he/she is “invited” onto the property like at a grocery store or mall, then the property owner has a responsibility to maintain the safety of the place. There definitely is a gray area with slip and fall cases. That is why you need an experienced lawyer to help determine if you have a solid claim to pursue. The The Kalka Law Group law firm is well practiced in slip and fall cases.
But, what would a Georgia slip and fall case look like?
Section 51-3-1 of the Georgia Code states that, "[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe."
So first, a lawyer would prove that the property owner had actual or constructive knowledge of the hazard that a person slipped, or tripped, on. Actual knowledge is just as it sounds; the property owner would have seen the problem that the injured slipped or tripped on and ignored it. Whereas constructive knowledge refers to the property owner did not maintain the duty require by regulations for whatever reason; therefore, the slip or trip falls within the owner’s control.
Second, a lawyer would prove that the person who slipped exercised ordinary care at the time of the accident. And third, a lawyer would prove that despite such ordinary care, the person was unaware of the hazard due to actions or conditions within the owner’s control.
An example slip and fall case is a Powder Springs client who slipped and fell on ice while stepping out of her vehicle at a gas station. Within Georgia law, it was proved to be the owner’s responsibility for her injuries, based on the lack of warning signs or attempt to de-ice the pavement. That lack of maintenance is required under Georgia law for gas stations. So, The Kalka Law Group was able to successfully settle our client's case for the amount of $75,000.
The most common injuries past clients have experienced from a slip and fall case are:
- knee injuries- torn meniscus, sprain
- wrist injuries- bone fractures, broken fingers, sprain
- soft tissue injuries- the damage of muscles, ligaments and/or tendons throughout the body
Exemplary Atlanta Slip & Fall Injury Lawyers
The Kalka Law Group has handled all types of premises liability cases involving slip and fall situations. Attorney Tony Kalka has worked as a defense attorney for major insurance companies in the past and with his insight, it is possible he could win significant compensation on your behalf.
Included in the list of Georgia's Super Lawyers® for 2014-2019 & the Top 100: 2019 Georgia Super Lawyers, Attorney Kalka has continued to impress his peers and clients with his manner of professionalism combined with exemplary skill with personal injury law.
As a recipient of the 2012, 2013 and 2014 Clients' Choice Award for Personal Injury by the premier legal website, Avvo®, it is evident that residents of Atlanta are confident in the tactics utilized by our lawyers. Do not hesitate to contact our qualified legal team if you believe that you may have a case.
Begin the process today by submitting our online contact form to request a free case evaluation!
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