Understanding Slip and Fall Personal Injury Cases
Slips and falls are common and can happen to anyone and anywhere. The falls often cause minor injuries, and no one is at fault. However, the court could hold them financially accountable when slip and falls occur because of a property owner’s negligence. Property owners, managers, or any person responsible for the upkeep has a legal duty of care to keep the premises safe for visitors who enter the premises. If you suffered damages because of a hazardous condition on someone else’s property, you could be eligible to collect compensation. Slip and fall cases comprise tort or premises liability law, and civil actions are complex. If you need help to recover damages after a slip and fall, call a knowledgeable personal injury lawyer at Hall & Lampros, LLP, at 404-876-8100.
Proving Negligence and the Type of Visitor in Slip and Fall Claims
The case must establish negligence to the court and show the property owner is liable for the damages. In other words, the individual in charge of the property needed to exercise ordinary care and maintain the property as any prudent person would in the same situation. The civil action must establish the following to prove the land possessor was negligent:
- The property possessor knew or should have known of the hazardous condition
- Despite knowing of the dangerous situation, the property owner failed to fix or remove the unsafe condition
The Invitee
Invitees are people who enter a property upon the occupier’s invitation, either express or implied. The invitee enters the land for commercial purposes and economically benefits the possessor. The person responsible for the property owes the invitee the highest duty of care and must complete regular inspections and maintenance to ensure the premises are hazard-free.
The Licensee
The property owner also invites the licensee to enter the property by express or implied invitation. However, the licensee enters the land for personal reasons, such as a family member or dinner guest. According to the guidance in the Official Code of Georgia Annotated § 51-3-2, the landowner is liable for damages resulting from reckless indifference to the consequences of how the hazard could cause harm to the licensee.
The Trespasser
Trespassers enter the property without the owner’s invitation or permission. The person responsible for the upkeep of the property does not owe trespassers a duty of care to keep the premises safe. However, they must refrain from willingly creating a hazardous condition that could cause harm to trespassers.
The Equal Knowledge Rule
Another critical element to consider in slip and fall cases is the “equal knowledge rule.” According to the guidance of the Official Code of Georgia Annotated § 51-11-7, if, through ordinary care, the claimant could have avoided the accident, the defendant is not legally responsible for the damages. That means if the individual sees a broken step or large puddle of water but walks through the hazard anyway, they cannot collect compensation from the property owner. A personal injury lawyer at Hall & Lampros, LLP could explain the equal knowledge rule in slip and fall civil actions.
The State Statute of Limitations for Slip and Fall Cases
The statute of limitations sets a deadline for an individual to file a lawsuit in personal injury claims. Under the Official Code of Georgia Annotated § 9-3-33, the claimant must commence legal action within two years of the slip and fall accident to recover damages for bodily injuries. When a claimant files a lawsuit after the statute of limitations expires, the defendant has the legal right to ask the court to dismiss the claim for damages.
The Modified Comparative Negligence Rule
In slip and fall cases, the defendant commonly asserts that the plaintiff shares fault for the accident. The civil court follows a modified comparative fault rule barring the petitioner is less than 50 percent negligent. If the jury determines the plaintiff shares liability for the damages, they will reduce the total award amount by their percentage of fault.
Call an Experienced Slip and Fall Personal Injury Attorney Today
Premises liability law could entitle you to collect compensation if you were in public or on someone’s property and suffered injuries and losses. The award could cover the damages and allow you to hold the negligent party accountable. Civil claims can be challenging to navigate, as there are many elements the case must establish to prove negligence successfully. If you need help after a slip and fall accident, schedule a consultation with a compassionate personal injury lawyer at Hall & Lampros, LLP, at 404-876-8100.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.