Slip and Falls, Negligent Security, Falling Merchandise
You may be very aware of the dangers that are lurking around your home, but this isn’t the case when in an unfamiliar store, restaurant, office building, parking lot, or other public spaces. As such, you’re extremely vulnerable to slip and fall injuries created by hazardous conditions on property. Victims can suffer serious bodily harm when the owner, operator, or other party in control of the premises doesn’t keep it safe for others. Though you may know that you have rights as a victim, you’re probably not sure how to enforce them.
At The Brice Law Firm, our lawyers are here to shoulder the legal burdens associated with protecting your rights in a slip, trip, or fall accident. We will aggressively fight on your behalf to get the compensation you deserve for your physical, financial, and emotional losses as a victim. Please contact our office to set up a no-cost consultation with an Atlanta slip and fall attorney right away. You may also find it useful to review some important information.
Call (404) 445-6666 for a Free Case Evaluation
Liability in a Slip and Fall Case
As with many personal injury claims, negligence is at the root of most slip and fall accidents. The concept of premises liability applies, which means you need to prove:
- The property owner had a duty to keep the premises in reasonably safe condition;
- That person or entity breached this duty by careless actions or the failure to address hazards;
- The breach of duty was the direct cause of your injuries; and,
- You suffered losses because of being hurt.
FAQs About Premises Liability Claims
What compensation can I recover in a slip and fall? If successful in proving the essential elements described above, you may be entitled to monetary damages for a wide range of losses. For instance, you could recover compensation for:
- Your medical costs;
- Lost income, if you were unable to work because of your injuries;
- Pain and suffering; and,
- Losses based upon how your injuries affect your relationships with loved ones.
Are there any time limitations on a premises liability case? Yes, Georgia has a statute of limitations for personal injury claims, including slip and fall cases. You must file a lawsuit in civil court within two years after you’re hurt to recover compensation for your losses. If you don’t, you lose your right to seek monetary damages.
What should I do if I’m hurt in a slip/trip and fall accident? If you are involved in a slip/trip & fall accident, there are certain things to keep in mind in the immediate aftermath and days that follow. Your actions can have a significant effect on your claim, so make sure you:
- Seek medical attention right away if you’re injured, for your well-being and your injury claim against a negligent property owner;
- Avoid making any detailed statements concerning fault, since any admissions can lead the insurance company to deny your claim;
- Get names of owners and managers of property, as they may be potential parties when you’re seeking to enforce your rights to compensation;
- Using your cell phone, take good pictures of the scene and your injuries;
- Save footwear and clothing, which can provide additional evidence about the dangerous conditions that led to your injuries; and,
- Write names of witnesses who can corroborate your side of the story, as they can provide a credible account of fault.
While these are important To-Do’s, you should keep in mind one key DON’T: Never give statements, especially recorded statements, to an insurance adjuster. This employee of the insurance company is trained to find reasons to deny your claim, and your own words could provide the grounds necessary to reject payment. Instead, contact an attorney who can discuss your claim and deal with the insurance company.
Do I need a lawyer to handle my case? Though note required by law, an attorney can provide essential legal assistance throughout the claims process in a slip and fall case. A lawyer can help you file an insurance claim, represent you in settlement negotiations, and take your case to court.