Slip & Fall
A slip and fall is the term used when a person slips or trips and falls on someone else’s property and is injured. These cases typically would fall under the broader category of Premise Liability since a typical slip and fall occurs on someone else’s property. The property owner or possessor may be held legally responsible for the personal injuries that occur.
There are many types of dangerous conditions to a property that can cause someone to slip and hurt themselves such as: torn carpet, changes in floor levels, poor lighting, narrow stairs or wet floors to name a few. An individual can also have a slip and fall accident by tripping over a broken or cracked public sidewalk or trip and fall on stairs or escalators. If someone slips or trips and falls because of rain, ice, snow or a hidden hazard, a slip and fall personal injury case could arise.
When it comes to slip and fall cases it must be proven that the accident was a result of “dangerous conditions” and the property owner knew, or should have known, of these dangerous conditions. To establish that the property owner or possessor of the property knew of a dangerous condition, it must be shown that the owner/possessor created the conditions, knew the conditions existed and failed to correct it, or the length of time the condition existed was long enough that it should have been discovered or corrected prior to the slip and fall personal injury incident. In order for a property owner/possessor to be held liable for a personal injury claim, it must have been foreseeable that their negligence would create the dangerous condition.
Also, one can prove negligence by showing a violation of relevant statute by the property owner. In order for the owner/possessor to be legally responsible for the personal injuries someone suffers from a slip or trip and fall accident, the owner/possessor must have caused the spill, worn or torn spot, or other dangerous hazard or condition. For instance, they had to know about the dangerous surface but did nothing about it. They should have known about the dangerous area in that the “reasonable” person taking care of the property would have discovered and removed or repaired the dangerous condition which led to the person being injured.
There are three different types of people that can be injured in Georgia: invitees, licensees, and trespassers. A invitee is someone who has direct or implied permission to be on the property by either the owner/possessor. A licensee is someone who is tolerated or permitted to be on the property. A trespasser is someone who does not have permission by the owner/possessor to be on the property even if they are there by mistake. A property owner/possessor has the duty to ensure the protection of an invitee. A property owner/possessor is liable to the licensee. The duty owed to a trespasser is less than that owed to an invitee or licensee.
Our attorneys at Falanga and Chalker have the knowledge and experience you need to evaluate and to pursue a slip and fall personal injury claim. We have an experienced qualified staff that is ready to fight for your victim rights. We want you to concentrate on the important things, getting healthy and returning to your day-to-day life, while our staff takes care of the complicated legal issues associated with a slip and fall claim and deal with the insurance company. The staff at Falanga and Chalker will work hard to get you the compensation you deserve.