Slip & Fall Frequently Asked Questions

Slip and Fall

My grandmother slipped on a wet or soapy floor at a nursing home. Another nursing home resident told her she had a “slip and fall” case and should file a lawsuit. What does that mean?

A “slip and fall” is a general term that describes cases in which a person suffers a fall due to a defective condition on another’s property. They are also called “trip and fall” and “fall down” cases, or they are labeled as “premises liability” claims. These falls usually are caused by a foreign substance on a floor, in an aisle or on a stairway, walkway, driveway or sidewalk. Slippery substances include water, soap, oil, snow, ice, food or beverage. Other causes include tools being left on the ground, loose tiles or floor planks, open carpet seams and unexpected rises or dips on a paved surface. These incidents commonly occur at houses, apartment complexes, buildings, offices, nursing homes, hospitals, restaurants, bars, taverns, hotels, motels, grocery stores, super markets, shopping malls, outlet malls, retail stores, stadiums, concert venues, convention centers and parking garages. They often involve violations of local housing and building codes and are the result of the property owner or operator’s negligence.

A slip and fall case presents many challenges. Insurance companies are reluctant to settle claims for a fair amount and will vigorously contest them. However, the skilled, experienced and aggressive slip and fall attorneys at Millar & Mixon, LLC will work hard to make sure you receive the compensation you deserve.

Our slip and fall lawyers represent clients throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. If you or a loved one has been injured as the result of a slip, trip or any type of fall, call us today 404-620-4301 or contact us online for a free case evaluation.

My son slipped on a wet hallway at a restaurant last week. I’m not sure he handled the situation right. What should he have done?

As with any accident, you should follow some basic steps. First, if you are seriously injured, seek emergency medical treatment for treatment of cuts, bruises, sprains, strains, broken bones or fractures. Because organ, head, brain and certain soft tissue injuries, including ligament damages, take time to develop, you should also make a medical visit a few days later. At the scene, you can file a complaint with a manager and collect the names, phone numbers and addresses of any employees or other witnesses. Because the evidence can be removed or altered at the scene of a slip and fall very quickly, taking photos of the scene with a camera or cell phone might prove crucial to your claim. You will likely be contacted by an insurance adjuster or claims representative. However, you should not speak to any insurance company until you have consulted with an attorney.

A slip and fall case presents many challenges. Insurance companies are reluctant to settle claims for a fair amount and will vigorously contest them. However, the skilled, experienced and aggressive slip and fall attorneys at Millar & Mixon, LLC will work hard to make sure you receive the compensation you deserve.

Our slip and fall lawyers represent clients throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. If you or a loved one has been injured as the result of a slip, trip or any type of fall, call us today 404-620-4301 or contact us online for a free case evaluation.

My elderly father tripped over a metal rake that had been left in a golf course fairway and broke his hip. Can he hold the golf course owner responsible for his injury?

In the state of Georgia, the owner or occupier of property is charged with exercising “ordinary care” to keep their premises safe from hazards. The party’s superior knowledge of hazards you might encounter serves as the basis for liability. So, to prevail in a slip and fall claim, you need to show that the owner or occupier (1) had actual or constructive knowledge of the hazard that caused your slip, trip and fall and (2) that knowledge was greater than any knowledge you might have had (or reasonably could have had) of the hazard. Here, for instance, a golf course owner likely would have greater knowledge that a rake had been left on the course than a player would.

A slip and fall case presents many challenges. Insurance companies are reluctant to settle claims for a fair amount and will vigorously contest them. However, the skilled, experienced and aggressive slip and fall attorneys at Millar & Mixon, LLC will work hard to make sure you receive the compensation you deserve.

Our slip and fall lawyers represent clients throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. If you or a loved one has been injured as the result of a slip, trip or any type of fall, call us today 404-620-4301 or contact us online for a free case evaluation.

My daughter suffered a hard fall to the pavement when she walked across an icy patch of walkway leading to her hair salon shop. The shop owner claims my wife should have seen the ice and refuses to pay my wife’s doctor bills. Is the shop owner right?

It’s been said that slip and fall claims weigh in favor of the property owner under Georgia law. Property owners often succeed in defending against claims by contending that, despite their negligence, the slip and fall victim could have avoid their injury by exercising “ordinary care” to avoid the hazard that caused the incident. However, the law is clear that “ordinary care” does not mean “extreme care.” A person should not be barred from recovery simply because they did not constantly keep their eyes on the ground, looking for any possible hazard. Also, the law imposes a duty on property owners to make sure they make reasonable inspections of their premises to discover possible dangerous conditions and take precautions to protect their guests, or invitees, from these conditions.

A slip and fall case presents many challenges. Insurance companies are reluctant to settle claims for a fair amount and will vigorously contest them. However, the skilled, experienced and aggressive slip and fall attorneys at Millar & Mixon, LLC will work hard to make sure you receive the compensation you deserve.

Our slip and fall lawyers represent clients throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. If you or a loved one has been injured as the result of a slip, trip or any type of fall, call us today 404-620-4301 or contact us online for a free case evaluation.

My wife slipped in the grocery store aisle where there was a clear liquid on the floor, and she broke her ankle. She’s going to need surgery and will be out of work for two weeks. If we file a slip-and-fall claim against the grocery store, what can we recover?

If liability is established in your case, you may be eligible to recover three types of damages: special, general and punitive damages. Special damages cover mainly economic losses, such as past and future medical expenses, lost past and future wages. General damages are non-economic losses, such as pain and suffering, emotional distress, disfigurement or the loss of society and companionship. Punitive damages can also be awarded in slip and fall cases, especially where it’s proven that the business or property owner had known of this condition for a long time and done nothing to prevent your slip and fall injury. Punitive damages are intended to punish a defendant for especially reckless conduct and to deter the defendant and others from engaging in similar conduct.

A slip and fall case presents many challenges. Insurance companies are reluctant to settle claims for a fair amount and will vigorously contest them. However, the skilled, experienced and aggressive slip and fall attorneys at Millar & Mixon, LLC will work hard to make sure you receive the compensation you deserve.

Our slip and fall lawyers represent clients throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. If you or a loved one has been injured as the result of a slip, trip or any type of fall, call us today 404-620-4301 or contact us online for a free case evaluation.

I work as a carpenter at a construction site. I fell over some equipment that another company’s carpenter should not have left on a scaffold. My company’s workers’ comp carrier is paying my medical bills and wages right now, but they say they’ll want to be paid back if I file a lawsuit. Can they do that?

If you were injured while working, and your employer’s workers’ compensation carrier has provided medical and lost income benefits, then the carrier would have a limited right to seek reimbursement from any verdict or settlement recovered in your case. This is often referred to as a “workers’ compensation lien.” A health insurer can also seek reimbursement from a slip and fall victim’s recovery. What’s important to know is that these parties may not be able to tap into any non-economic, non-medical portions of your recovery, including those covering pain and suffering, emotional distress, loss of services and the loss of care, comfort and companionship of a loved one.

That’s why it’s important to consult with the experienced slip and fall attorneys at Millar & Mixon, LLC before you speak with an insurance company representative. You don’t want to reach a settlement that will not provide funds that can protect you in the future.

Our slip and fall lawyers represent clients throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. If you or a loved one has been injured as the result of a slip, trip or any type of fall, call us today 404-620-4301 or contact us online for a free case evaluation.

I slipped and broke my leg because of a raised sidewalk at my apartment complex. I want to sue the landlord, but I’m not sure I’ll have enough money. How much does your law firm charge?

At Millar & Mixon, LLC, we do not charge for your initial case evaluation or for our legal services unless we are able to secure a recovery for you through either a jury verdict or negotiated settlement. This is known as a contingency fee arrangement. We are proud to say that, with our unique combination of skill, experience and dedication, we have established a strong record of successful results for our clients, including $60 million in favorable verdicts and settlements since our firm was established.

We represent slip, trip and fall victims throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. If you or a loved one has been injured as the result of a slip, trip or any type of fall, call us today 404-620-4301 or contact us online for a free case evaluation.