Slip and Fall Injury in an Atlanta, GA Store
Georgia statute O.C.G.A. § 51-3-1 imposes a duty onto land owners to exercise ordinary care in keeping their premises safe for those invited onto their premises. This includes a duty to reasonably inspect the area, meaning the approaches and the buildings to look for and discover any dangerous conditions and to take reasonable precautions to protect an invitee from foreseeable dangers that may arise from the arrangement and use of the area.
IF I AM INJURED FROM A SLIP AND FALL INSIDE OF A STORE, AM I ENTITLED TO RECOVERY?
A store that is open to the public for business is required to carry out this duty. If you slip and fall or are otherwise injured inside of store, you may have a viable legal claim to recover from the business. Whether your slip and fall occurs in the larger chain stores such as Walmart, Target or Kroger or in a smaller independent business, the duty to the customers is the same.
Common Slip and Falls Inside of GA Businesses
A slip and fall inside of a store can occur for a number of reasons such as an accumulation of rain or ice near the entry of the store or a trip and fall over a mat. Trip and falls may also occur from a prior customer spilling substances on the floor or misplaced items blocking the pathway of the customer.
Can I Hold the Store Liable?
Regardless of the cause of the slip and fall, the liability of the business depends on whether it had or reasonably should have found the unsafe condition and failed to reasonably to fix the hazard. For instance, if a customer spills a substance in an aisle which results in the slip and fall and subsequent injury of another customer, the injured person will have prove or come up with evidence of the store’s knowledge that the dangerous condition existed. Specifically, there must be evidence that the substance remained on the floor long enough for the store to have been made aware or long enough that the store should have been aware and had a reasonable opportunity to clean up the substance to prevent an accident.
The injured party will likely also have to prove that the condition was not so open and obvious and thus was avoidable by the customer. For example, a customer would generally be prevented from recovering for injuries sustained from tripping over a large display that was clearly visible in the customer’s pathway. A customer must also exercise reasonable caution to protect him or herself in certain situations.
If you have been injured in a slip and fall accident inside of a business, contact The Millar Law Firm for a free consultation. Our attorneys are experienced in evaluating the viability of a slip and fall claim and have successfully recovered for clients who have sustained injuries from in-store accidents.
When you call us, you will receive help from one of the most experienced firms in Georgia.
Call us now at 404-620-4301 or fill out our online contact form for a free initial consultation and claim review.