“Premises liability” cases encompass a broader range of torts, of which “slip and fall” incidents are a subset. Such incidents occur when a property owner or occupier neglects to exercise reasonable care toward individuals accessing their premises, resulting in injuries. If you have suffered a fall due to a defect or hazard on someone else’s property, it’s advisable to consult an experienced Atlanta premises liability attorney for guidance.
If you suffer a slip and fall on a property belonging to someone else, such as in a parking lot, garage, sidewalk, escalator, or stairs, the owner is held responsible. Additionally, if you trip, fall and sustain injuries in another person’s backyard, you might be entitled to compensation under the liability terms for property owners or homeowners.
Holding Property Owners Liable for Inadequate Maintenance:
When it comes to proving a slip and fall accident on a property owner’s premises, it’s usually necessary to demonstrate that their failure to maintain the property led to the incident.
In accordance with Georgia law, there are three criteria that must be met for a slip and fall claim to be considered valid. Firstly, the property owner or occupant must have been aware of the hazard that caused the fall, or it should have been reasonably foreseeable. Secondly, the injured person must have had less knowledge of the danger compared to the owner or occupier, despite taking reasonable care for their own safety. Lastly, the circumstances that led to the injured party’s inadequate awareness of the hazard must have been within the owner’s control. Meeting these requirements is crucial in establishing the property owner’s liability for the slip and fall accident.
The Importance of Timely Investigation in Slip and Fall Cases:
When it comes to slip and fall incidents, many are caused by temporary situations like damp floors, debris, or obstacles in a pathway. As a result, it’s crucial to take immediate action to document the safety hazard to help with any future legal proceedings. By doing so, filing a premises liability insurance claim or personal injury lawsuit can become much easier.
The more evidence there is to show that poor upkeep or a lack of proper maintenance contributed to the injuries sustained, the stronger the case becomes. Therefore, conducting a timely investigation and gathering relevant evidence can play a significant role in establishing liability in a slip-and-fall case.
Final thoughts:
Document the location, injuries, and losses of your fall, then seek an Atlanta premises liability lawyer to assist with gathering evidence and protecting your rights in settlements or court.