Slip, Trip & Fall
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Slip, Trip and Fall Accident Lawyer in Georgia
If you slip or trip and fall on someone else’s property and suffer injuries, you may be wondering if the property owner owes you compensation. After all, why should you have to pay for your injuries and lose earnings because of someone else’s negligence?
According to Georgia law, property owners are obligated to maintain a safe premises for their visitors. If they fail to do so and someone gets hurt, they are liable for damages resulting from the accident.
Several dangerous conditions can lead to a slip, trip and fall accident, including wet floors, defective staircases, unsecured carpets, icy sidewalks and broken floors and steps.
To be compensated for your damages, you will have to either file a personal injury claim with the property owner’s insurance company or take the matter to civil court. As the plaintiff, you will have to establish negligence before the property owner can be held accountable for your losses.
At the Law Office of Johnny Phillips, our slip, trip and fall injury team understands how difficult proving negligence may be. Rarely are personal injury victims familiar with civil law and evidence gathering or know how to negotiate fair compensation with insurance adjusters. Attorney Johnny Phillips has helped many past clients with slip and fall cases and knows how to pursue the compensation his clients deserve.
If you or your loved one was injured in a slip, trip and fall accident, get in touch with our law firm to learn how we can help.
How to Prove Negligence in a Slip, Trip and Fall Accident
Proving negligence in a personal injury claim, including one resulting from a slip, trip and fall accident, is fundamental to having a valid case. If a plaintiff cannot prove negligence, they cannot hold the property owner liable for their accident and subsequent injuries. In the legal world, negligence is a word used to describe a defendant’s careless or reckless actions toward others.
When you file a personal injury claim against the property owner (the defendant), you must prove negligence by showing they failed to recognize and remove the hazard that caused your accident despite having a reasonable amount of time to do so. You will also need to prove that:
- A reasonable person would have noticed the hazard and removed it or at least warned you about it before the accident happened.
- The dangerous condition existed long enough for the property owner to fix it. For example, if you slipped and fell on a wet floor in a grocery store but the spill happened moments before your accident, the store employees may not have had a reasonable amount of time to discover the spill, much less clean it. Hence, you may have trouble establishing negligence in your case.
- The dangerous condition caused your accident and injury.
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Does a Slip and Fall Accident Claim Fall Under Premises Liability?
Slip and fall claims fall under a broader personal injury category known as premises liability. Premises liability is a legal term describing personal injuries caused by dangerous conditions on someone else’s property. While slip and fall accidents are one of the most common types of premises liability cases, there are many other scenarios that fall under this category:
- Injuries from fires
- Swimming pool accidents
- Elevator accidents
- Dog bites
- Toxic fumes and air quality accidents
- Amusement park accidents
- Inadequate security resulting in assault
What Damages Can I Recover in a Slip, Trip and Fall Case in Georgia?
Slip, trip and fall accidents as well as other types of personal injury accidents typically cause people to suffer two types of damages: economic and non-economic.
Economic damages refer to fixed expenses resulting from your accident. The monetary value of economic damages doesn’t fluctuate and can be easily determined with receipts, bills and invoices.
Examples of economic damages include:
- Past and future medical expenses, including emergency room visits, prescriptions, physical therapy and medical equipment
- Property damage
- Lost wages
- Additional out-of-pocket expenses like assistance with childcare and household chores
Non-economic damages don’t have a fixed cost. They are subjective losses and usually require more advanced calculations. Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Disability, scars and disfigurement
- Loss of enjoyment of life
- Loss of consortium (loss of a romantic relationship)
How Can I Prove My Slip, Trip and Fall Accident?
To succeed with your slip, trip and fall injury claim, you may need to include different pieces of evidence. First, you’ll need to prove your accident happened because of negligence. Examples of evidence to support this include:
- Pictures from the scene of the accident
- Witness testimony
- Police or incident report (the latter can be used if the accident happened in a commercial setting)
To prove your injury damages, you’ll need to produce evidence of all the costs you incurred, such as medical bills and receipts. If you were forced to miss work and lose income because of your injury, you’ll need to obtain a wage verification form from your employer showing post-accident changes in your compensation.
Proving non-economic damages like pain and suffering can be much more complicated due to the subjective and intangible nature of these damages. A skilled personal injury lawyer can help you gather the necessary evidence to prove your non-economic damages and determine the correct amount of compensation.
Consult an Experienced Slip, Trip and Fall Accident Attorney in Georgia
Fighting to receive fair compensation for your injuries can be an uphill battle. Remember, the defendant’s insurance company isn’t on your side and will likely pull every lever to challenge or even deny your claim altogether.
You can save valuable time and energy by getting professional legal representation to handle your claim for you. Personal injury attorney Johnny Phillips is committed to helping his Georgia clients recover the compensation they deserve when someone else’s negligence left them injured.
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At the Law Offices of Johnny Phillips, our auto accident attorneys have handled the most demanding cases, helping our clients recover the compensation they deserve. Our team of dedicated lawyers works passionately to get our clients the checks they need.