Are you aware that a simple trip to the store can turn into a nightmare if you suffer a slip, trip, or fall? Unfortunately, these accidents can happen anywhere, even in seemingly harmless places. At Monge & Associates, we understand the devastating consequences that slip and fall accidents can have on your life.
Since 1993, our law firm has been dedicated to fighting for the rights of our clients injured in slip and falls and other accidents in Georgia. We have taken on big insurance companies and large corporations nationwide, recovering billions of dollars for our clients. When it comes to slip and fall cases, we are the experts you need on your side and we are available for free consultations – call today at (888) 477-0597.
Atlanta Slip and Fall Resources
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What Commonly Leads to Slips, Trips, or Falls
Why Hire a Slip & Fall Lawyer?
Proving Liability in a Slip and Fall Claim
How Can a Slip and Fall Accident Lawyer Help You?
What Compensation May Be Available in Your Case?
Georgia Statute of Limitations for Slip & Fall Claims
Property Owners Have a Duty of Care to People on Their Premises
Common Injuries Caused by Falls
Steps to Follow After a Slip and Fall Accident
Call a Lawyer Today
What Commonly Leads to Slips, Trips, or Falls?
A slip and fall accident can occur due to various hazardous conditions. Let’s take a look at some common factors that often contribute to these unfortunate incidents:
- Carpeting or Rug Issues: Worn-out carpets, loose rugs, or uneven surfaces can easily cause you to lose your footing and take an unexpected tumble.
- Items Not Put in Their Proper Places: Retail stores and supermarkets are notorious for items left in aisles or walkways, creating hazardous conditions that increase the risk of tripping.
- Lack of Lighting: Insufficient lighting can hide potential dangers, making it difficult to see obstacles in your path.
- Poor Management: Negligent property owners or managers who fail to maintain their premises can lead to dangerous conditions, such as broken stairs, cracked sidewalks, or slippery floors.
- Snow and/or Ice: In Georgia, winter weather can bring about icy or snowy conditions, turning parking lots, sidewalks, and entryways into slippery zones.
- Many Types of Substances Become Dangerous When Spilled: Whether it’s a spilled beverage or a leaking pipe, substances on the ground can turn a routine walk into a disastrous fall.
- Wet Flooring: Failure to dry wet floors promptly or provide caution signs can lead to serious accidents, leaving victims with painful injuries.
An Atlanta premises liability attorney can discuss the specific details of your case if you fall in a grocery store or on another person’s property due to inherently dangerous conditions.
The Importance of Legal Representation in Slip and Fall Cases
When you experience a slip and fall accident, it is crucial to have a skilled and experienced attorney by your side. Pursuing a slip and fall accident claim can be complex, as you need to prove negligence on the part of the property owner or manager. The liable insurance companies will often try to minimize your claim or deny liability altogether. That is where an experienced slip and fall accident lawyer comes in.
How Can an Atlanta Slip and Fall Accident Lawyer Help You?
Our law firm has a team of dedicated lawyers who are well-versed in the intricacies of Atlanta personal injury law. Here is how we can assist you after being injured in a slip and fall accident in Atlanta:
- Investigating the Accident: We will thoroughly investigate the circumstances surrounding your slip and fall accident, gathering evidence to establish liability.
- Assessing Damages: Our lawyers will evaluate the full extent of your damages, considering both present and future medical costs, incidental expenses related to the accident, your lost wages and earnings, and pain and suffering.
- Negotiating with Insurance Companies: We will handle all communications with the liable insurance companies on your behalf, and ensure your rights are protected and that you receive the compensation you deserve.
- Litigation if Necessary: We are fully prepared to take your case to court if a fair settlement cannot be reached. Our experienced trial attorneys will fight tirelessly to advocate for your rights before a judge and jury.
Proving Liability in a Slip and Fall Claim
Slip and fall incidents can result in severe injuries and financial hardships for victims, and property owners deserve to be held accountable if their actions lead to these accidents. However, slip and fall lawsuits rely on the presence of negligence, or whether or not the owner was acting according to the established standard of care. If you can prove negligence, you can prove the owner’s liability and recover compensation in your claim.
There are four elements of negligence: duty of care, breach of duty, causation, and damages. Your attorney from Monge & Associates can help you gather substantial evidence to support each of these elements:
- Duty of Care: Property owners, whether residential or commercial, have a legal duty to ensure the safety of people on their premises. This responsibility, known as the duty of care, forms the foundation of slip and fall claims. It means that property owners are expected to take reasonable measures to prevent hazards and maintain a safe environment based on the visitor’s status at the time of the incident.
- Breach of Duty: Once the duty of care is established, the next step is determining whether the property owner breached this duty. In other words, did the owner fail to act in accordance with the standard of care expected in the given circumstances? Proving negligence requires demonstrating that the owner’s actions or inactions deviated from this expected standard.
- Causation: Proving negligence alone is not sufficient to succeed in a slip and fall lawsuit. You must establish causation, meaning that the property owner’s breach of duty directly led to your injury. This element serves as the link between the owner’s negligence and the harm that you suffered, reinforcing your claim.
- Damages: Finally, you must prove that you suffered damages as a result of the owner’s negligence and your slip and fall accident. These damages can encompass a wide range of losses, including medical expenses, lost wages, pain and suffering, and other related costs.
What Compensation May Be Available in Your Case?
Our Atlanta slip and fall accident lawyers may be able to help you recover compensation for a range of damages, including:
- Present and future medical costs: We understand that medical bills can quickly add up, and we will fight to ensure that you are fully compensated for all your current and future medical expenses. We will work closely with medical experts to assess the extent of your injuries and the necessary medical treatments and therapies for your recovery.
- Incidental expenses related to the accident: Slip and fall accidents often result in additional expenses such as transportation costs, home modifications for accessibility, or assistive devices. Our skilled attorneys will ensure that these incidental expenses are taken into account in your compensation claim.
- Lost wages and earnings: If your slip and fall accident has caused you to miss work or has resulted in a diminished earning capacity, we will fight to recover the wages and income you have lost. Our goal is to secure a fair settlement that considers the financial impact of the accident on your livelihood.
- Pain and suffering: We understand that slip and fall accidents can cause significant physical pain and emotional distress. Our compassionate team will diligently pursue compensation for your pain and suffering, aiming to provide you with the financial support you need to aid in your recovery and alleviate the burden caused by the accident.
- Loss of enjoyment of life: When you are injured in a slip and fall accident, your quality of life may be affected. Activities you once enjoyed may become challenging or impossible. Our experienced lawyers will seek compensation for the loss of enjoyment of life you have experienced as a result of your injuries.
Does Georgia Have a Statute of Limitations for Slip & Fall Claims?
Yes, Georgia does have a statute of limitations for slip and fall claims, and it’s a critical deadline that claimants must be aware of. Most slip and fall accident claims are classified as personal injury lawsuits. Georgia law requires victims of personal injury to file lawsuits no more than two years after the date of the incident. If they do not file in time, the court will likely dismiss the case.
Missing the statute of limitations can have dire consequences on your overall well-being, preventing you from recovering the settlement that you deserve. Additionally, this timeline can be significantly shorter when pursuing claims against government entities. To safeguard your right to compensation, you need to act fast and speak with an Atlanta slip and fall lawyer as soon as possible.
Property Owners Have a Duty of Care to People on Their Premises
Atlanta property owners are bound by a duty of care towards individuals on their premises, but the extent of this duty varies depending on the visitor’s classification. Georgia law recognizes three types of visitors: invitees, licensees, and trespassers. Determining liability in a slip and fall claim typically begins with an evaluation of your status at the time of the accident.
Invitees
Invitees represent the category of individuals who are expressly or implicitly invited onto the property, such as shoppers at a grocery store or patrons who visit a museum. When people enter the premises as invitees, property owners are held to the highest standard of care and must diligently inspect the property to ensure safety. This includes not only warning invitees about hazards but also taking reasonable steps to rectify these hazards and eliminate or block off dangerous areas.
Licensees
Licensees are individuals who enter a property for social reasons rather than business purposes, such as friends or family members attending gatherings. Property owners owe a duty of care to licensees as well, albeit a slightly lower one compared to invitees. They must inform licensees about any non-obvious dangers on the property, but they are not necessarily required to fix them. For instance, they should provide warnings about hidden hazards like an open trench and take reasonable measures to keep licensees away from the area.
Trespassers
Trespassers are individuals who enter private property without an invitation. Property owners owe trespassers the lowest duty of care; they are not required to warn trespassers about hazards or take steps to prevent them. However, property owners are prohibited from intentionally harming trespassers. Therefore, if a trespasser wanders onto someone’s property and sustains an injury, establishing liability can be challenging.
Common Injuries Caused by Falls
Slip and fall accidents can result in a wide range of injuries due to their sudden and forceful nature, which can have profound effects on victims’ lives. In some cases, these incidents can result in permanent impairments that require lifelong medical care.
Common injuries in slip and fall accidents include:
- Broken bones
- Sprained muscles
- Herniated discs
- Whiplash
- Traumatic brain injury
- Concussions
- Cuts and abrasions
- Fractured hips
- Dislocated joints
- Internal organ damage
- Back and spinal injuries
- Paralysis
- Death
Steps to Follow After a Slip and Fall Accident
In the aftermath of a slip and fall accident, your actions can significantly influence the outcome of your case. To protect your right to compensation and document evidence for your future claim, take the following steps as soon as possible:
- Report the Incident: One of your first steps should be to notify the property owner, manager, or staff about the accident. Request that they create an official record of the incident, which can serve as crucial evidence. If you need emergency help, call 911.
- Document the Cause of the Fall: It’s crucial to identify the hazards or conditions that led to your fall. If you have the means, take photographs or videos of the scene. Visual evidence can be exceptionally compelling in proving the property owner’s negligence.
- Seek Immediate Medical Care: Regardless of how minor your injuries may seem, it’s vital to seek medical attention. Not only does this ensure your well-being by addressing any hidden injuries, but it also establishes a critical medical record of your condition following the fall.
- Speak with Witnesses: If there were witnesses to the fall, obtain their names and contact information. Witnesses can provide invaluable statements that support your account of the incident.
- Contact an Attorney: Finally, reach out to an Atlanta slip and fall attorney. A lawyer can be your advocate in seeking the compensation you deserve for your injuries and related expenses.
Get in Touch with Our Atlanta Slip and Fall Accident Lawyers
If you or a loved one has been injured in a slip and fall accident in Atlanta, don’t hesitate to contact Monge & Associates. We offer a compassionate and dedicated team of Atlanta slip and fall accident attorneys who will fight vigorously to protect your rights and seek the compensation you deserve. Your initial consultation with us is free, allowing us to assess your case and provide you with expert legal advice.
Contact us today at 888-653-0605 for a confidential consultation and take the first step towards securing the compensation you need to rebuild your life after a slip and fall accident. Remember, time is of the essence.