Slip & Fall Frequently Asked Questions
Slip and Fall
In Georgia, you have the burden of proving what substance or hazard made you slip and fall. For example, let’s say you fell because a floor, step or stair was slippery. You must prove what substance was on the surface, and why it was dangerous. A Court is likely to dismiss your case if you cannot identify what caused you to fall. Thus, to win a premises liability case, it is often not enough just to claim a floor was “slippery,” you must prove what was on the floor.
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?
Nursing home slip and 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.
If you or a family member has been injured from a slip, trip or any type of fall, call our Georgia nursing home slip and fall lawyers today at The Millar Law Firm at 770-400-0000 or contact us online and find out what your case is worth and for a free case evaluation.
Atlanta Slip and Fall Law: 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?
Atlanta, Georgia Slip and Fall Legal Help: 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. After an injury on the premises of a retail store or restaurant, iyou could be called by an adjuster or claims person from the insurance company. We advise that you you should not give a statement to any insurance company until you have gotten some legal advice from a Georgia attorney.
To speak with an experienced and friendly lawyer at The Millar Law Firm, Atlanta slip and fall attorneys, call 770-400-0000 or contact us online for a free case evaluation.
Georgia Law of Trip and Fall – Premises Liability: 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?
Georgia Law of Trip and Fall and Premises Liability: In the state of Georgia, the owner or occupier of property is charged with exercising (has a duty to exercise) “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 trip or slip and fall claim, you need to produce evidence that the owner or occupier (1) had knew about (actual knowledge) or should have known about (constructive knowledge) of the danger or 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. You must also prove that your father (or any other trip and fall victim) was exercising ordinary care for his own safety – if he should ordinarily have seen the rake and not stepped on it, he may well lose this case. See O.C.G.A. 51-3-1 for more information.
Most Georgia trip and fall and/or slip and fall cases involve unique facts and should be carefully investigated. Insurance companies rarely settle these claims without first contesting them. We recommend that you consult with an experienced and aggressive slip and fall attorney (at The Millar Law Firm we have handled several hundred of these cases) or you run the risk of getting a run-around or low-ball settlement offer from the insurance adjuster, who may well try to blame the victim for his own injury.
Call or email us today. All consultations are free.
My daughter suffered a fall when she walked across an icy patch of walkway leading to her hair salon shop. The Store owner said she should have seen the ice. Is the shop owner right?
Georgia Law of Slip and Fall Explained: It’s been said that slip and fall claims are hard to win under Georgia law. Property owners defend against claims by contending that, despite their negligence, the slip and fall victim could have avoided or prevented 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 scanning the ground, looking for any possible hazard. Also, the law imposes a duty on property owners to make sure they continue to make reasonable inspections of their premises to discover possible dangerous existing conditions and take action and precautions to protect their guests, or invitees, from these conditions. A shop owner may, therefore defend, him or herself if the customer should have seen and avoided the hazard, such as ice. On the other hand, if the condition was unexpected (like a water leak that froze) and the owner failed to exercise ordinary care to keep the area clear of hidden hazards, like frozen water on a cold clear morning, the customer may win. O.C.G.A. 51-3-1 (Georgia law containing the duty of merchant or owner or occupier to keep premises safe for business invitees).
A premises liability cases can be tricky to win. Insurance companies sometimes (often) fight hard to dispute these cases. Let our skilled premises liability slip and fall attorneys at The Millar Law Firm in Atlanta, Georgia work hard to make sure you receive the compensation you deserve.
Our slip and trip and fall personal injury attorneys represent clients across the entire Atlanta area and all over Georgia. Feel free to contact us online or call for a free case review to find out how much your case might be worth today.
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?
Here are your Georgia legal rights in this injury case situation: If you or a family member slipped in a grocery store and liability is established in your case, you may be eligible to recover at least three different kinds of or categories of damages: special, general and punitive damages. Special (economic) damages are actual losses, like future and past (current) medical expenses, lost pay and earnings into the future. General damages are non-financial (or economic) harms, like physical trauma and pain, mental suffering, scars or permanent injuries, or harm to or complete loss of a marital relationship. Punitive damages can also (sometimes, but rarely) be awarded in slip and fall cases, especially where it’s proven that the business or property owner had known of a dangerous condition and allowed it to continue to exist. Punitive damages are intended to stop a person from repeating the same conduct or to punish him or her for especially reckless conduct and to deter the defendant and others from doing the same thing in the future.
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 The Atlanta Georgia Millar Law Firm will work hard to make sure you receive the compensation you deserve.
Georgia Personal Injury Legal Rights: I work as a carpenter at a construction site. I fell over some equipment and my company’s workers’ comp carrier says they’ll want to be paid back if I file a lawsuit. Can they do that?
Know your Georgia personal injury rights: 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, car accident, or other personal injury case 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 thins like your pain and your trauma (suffering), mental distress, loss of services and the loss of care, fellowship and companionship with a loved one.
Insurance reimbursement or subrogation are important reasons to consult with the experienced slip and fall attorneys at The Millar Law Firm before you speak with an insurance company representative or try to settle any personal injury claim on your own. You don’t want to reach a settlement that will not provide funds that can protect you in the future.
You may also want to check out Georgia’s Bill of Rights for employees injured on the job: O.C.G.A. 34-9-81.1 and at this great Atlanta, Georgia legal resource here.
Our slip and fall lawyers represent clients throughout the Atlanta metropolitan area and the state of Georgia. Contact us today for a free telephone consult.
Georgia Legal Help: 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 The Millar Law Firm we handle slip and trip and fall cases and your case evaluation is free. We charge no fees or for our legal services unless we are able to make a financial recovery for you by either a jury award or verdict or negotiated settlement. This type of arrangement is known as a contingency fee. 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 $100 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. Call us today 770-400-0000 contact us online for a free case evaluation. Your call will be answered by an Atlanta personal injury lawyer who will answer your questions and evaluate your case immediately, on the phone, and at no charge to you.