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Atlanta Slip and Fall Attorney

A serious slip-and-fall accident can knock you off your feet and upend your life in a single moment. Sadly, over 800,000 people are hospitalized annually because of fall injuries.

After a bad fall, the long-term impact on your quality of life can be devastating.

Under Georgia law, you may have legal recourse after falling on private or public property. Slip and fall claims usually involve premises liability law which can be time-consuming and less than straightforward. Pursuing an insurance claim or lawsuit as you try to recover from your injuries can be both overwhelming and exhausting. 

An experienced Atlanta slip and fall lawyer is the advocate who can assist you in successfully navigating the legal system. Fall injuries are all too common and no laughing matter. After you or a loved one has been injured in a slip-and-fall accident, a dedicated personal injury lawyer can help you make your life whole again.

If you or a loved one has been injured in a slip-and-fall accident, contact Hoffspiegel Law today at (404) 760-8600 or click the Contact Us button to schedule a free case evaluation. 

Common Causes of Slip-and-Fall Accidents

Falls are a leading cause of unintended injury. Many slips, falls, and tumbles are preventable. At times, businesses and property owners fail to maintain their properties adequately. Failure to do so can jeopardize your safety.

Potentially dangerous conditions that can lead to a slip-and-fall accident include:

  • Wet or slippery floors
  • Uneven or broken floorboards or tiles
  • Loose or frayed carpeting and mats
  • Improperly installed or broken flooring transitions
  • Debris and unsafe materials left in walkways
  • Lack of clear or appropriate signage warning of hazards
  • Uneven steps on stairs
  • Broken or missing handrails on stairways or other passageways
  • Elevators that do not stop even with the floor
  • Malfunctioning escalators
  • Loose or broken grab bars in restrooms
  • Dim or inadequate lighting
  • Steep ramps or walkways
  • Poorly maintained or icy entrances and sidewalks
  • Poorly maintained parking lots
  • High curbs
  • Open manholes or grates
  • Other building code violations

A slip-and-fall accident can be both traumatizing and embarrassing. However, you may have just been in the wrong place at the wrong time and suffered due to someone else’s careless and negligent behavior. 

At Hoffspiegel Law, we empathize with you on that score. Any one of our capable personal injury lawyers can help you collect evidence and establish the facts of your case in order to pursue all avenues of rightful compensation.

Common Injuries From Slip-and-Fall Accidents

According to the National Flooring Safety Institute (NFSI), more than 1 million people are treated annually in emergency rooms for slip-and-fall-related injuries. A fall can cause minor injuries, such as scrapes and bruises, or even life-altering trauma.

Injuries for which you may be able to recover compensation after a fall include:

  • Broken bones and fractures
  • Soft tissue damage
  • Cuts and bruises
  • Facial injuries
  • Muscle sprains
  • Foot and ankle injuries
  • Shoulder injuries
  • Knee injuries
  • Dislocations
  • Neck or back injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Wrongful death

A slip-and-fall may sound insignificant, but such an accident can cause acute injuries requiring a lengthy recovery period. Even if your injuries are not directly life-threatening, you deserve restitution for the negative toll these have taken on your everyday life.

Proving Negligence and Liability in a Slip and Fall Claim

proving negligence slip and fall Atlanta Georgia

Under premises liability law, all property owners in the State of Georgia have the legal obligation to ensure that their properties are reasonably maintained and safe for visitors. Property owners who fail to maintain safe conditions may be financially liable if someone is injured.

When a dangerous situation arises, it is the property owner or representative’s responsibility to remedy the problem in a timely manner. Until the issue is resolved, visitors must be warned of the potential hazard – by clear signage, for example.

If you slipped on someone else’s property and wish to successfully prove negligence against that person or entity, you will need to establish the following:

  1. The property owner or representative knew, or should have known, there was a dangerous condition existing on the property
  2. The property owner or representative failed to remedy or adequately warn of the dangerous condition within a reasonable period of time
  3. As a direct result of the property owner or representative’s failure to correct the dangerous condition, you fell and were injured

Under premises liability law, slip and fall claims and lawsuits can be complicated. It is advantageous to consult with a knowledgeable fall accident attorney in order to understand how to best resolve your personal injury claim.

Different Types of Visitors in Atlanta Premises Liability Cases

In any premises liability case, one of the first things you will need to establish is why you were on the property in the first place. Multiple factors impact what you can expect from a property owner. The property owner or representative legally owes you a varying degree of care depending on what type of visitor you were at the time of your fall.

In general, property visitors in Atlanta premises liability cases fall into 3 categories. 

Invitees

Invitees, often members of the general public, include store customers, clients, contractors, and others who are on the property lawfully and with permission. The invitee may receive an express or implied invitation to enter the premises. Property owners owe the highest standard of care to such a visitor.

The property owner or representative is legally expected to exercise reasonable care to keep the premises safe. The property should be regularly inspected to ensure that it is free of potential hazards. When an unsafe condition is identified, warnings must be given – and prompt action taken – to remedy the hazard.

Failure to take swift and appropriate action to rectify an unsafe condition may result in the property owner being found negligent and liable in a slip and fall case.

Licensees

A licensee is a person who is on the premises for purposes other than business reasons or contractual obligation. Visiting friends and family fall into this category. 

Property owners are required to exercise ordinary care and warn licensees of any unsafe conditions on the premises that are less than obvious. This may include taking reasonable precautions to protect visitors from dogs and other animals. In most cases, the property owner is only liable for injuries sustained as a result of deliberate or malicious behavior on his or her part.

Trespassers

A trespasser is someone without permission to be on the premises who has therefore entered the property illegally. A property owner does not owe any duty of care to a trespasser. 

A property owner can not purposely create hazards to deter or injure trespassers on the premises. However, in most Georgia cases, if a trespasser is injured, he or she would not have a legitimate claim against the property owner.

When You Are Partially At Fault for Your Slip-and-Fall Injury

We live in a busy world, and we may enter someone else’s property hurriedly and distracted at times. Our own negligent actions could contribute to a slip-and-fall accident. For example, you may run through a crowded store or knowingly ignore a warning sign in an effort to grab something quickly.

Georgia follows modified comparative fault rules. Comparative fault means that even if you are found partially at fault for your fall, you may still be eligible to receive an amount of compensation from the property owner. 

In Georgia, your damage award is reduced by your percentage of fault, and you may pursue restitution as long as you are not more than 50 percent to blame for the accident.

Action to Take Immediately After Your Slip-and-Fall Accident

what to do after a slip and fall accident Atlanta Georgia

It is important to take certain steps to protect your legal rights after a slip-and-fall incident. Taking these can demonstrate the validity of your case and prove the negligence on the part of those responsible for the upkeep of the property where you fell.

Make sure to:

  1. Seek medical attention: A fall can be a life-threatening event. Even if you do not think that you are seriously injured, it is wise to get a medical evaluation as soon as possible. Some serious fall injuries show few immediate symptoms. Moreover, medical records from the exam will serve as documentation of the accident and evidence of the resulting health conditions for when you pursue a slip-and-fall accident claim later on.
  1. Determine what caused you to slip and fall: Proving what led to your slip-and-fall is essential to successfully pursuing your claim. Wet floors, uneven sidewalks, or items left in the pathway could all have played a part. Whatever the direct cause may have been, do all you can to identify it and all other possible contributing factors.
  1. Report the incident: Slip-and-fall accidents can happen in any place, on both private and public property. Always record the location of the incident and report it to the owner or manager of the premises. If you fell in a place of business, the manager should fill out an official accident report, and you should obtain a copy. The accident report will prevent the business from later claiming that the incident never happened.
  1. Take pictures. If at all possible, take pictures at the scene of the accident. Photograph the location and any conditions present that might have (in whole or in part) caused your fall accident. Oftentimes, evidence of a hazardous condition that led to an injury is quickly cleaned up or removed after the incident. Pictures of the accident scene can serve as an important confirmation of what took place.
  1. Get witness contact information: It is always in your best interest to get the names and contact information of anyone who witnessed the accident, including people who may have arrived on the scene after the fall itself but can verify the conditions of where the incident took place. Eyewitness testimony can have a significant impact on whether or not your fall injury claim is successfully resolved.
  1. Contact an Atlanta slip and fall attorney immediately: An experienced attorney can assist you by gathering evidence before it disappears, guiding you through the claims process, and negotiating with the insurance company. All this will help you to secure adequate and just compensation for the losses you have sustained as a result of your fall injuries.

Taking such steps will build a solid foundation for a successful slip and fall lawsuit.

How the Evidence in a Slip and Fall Claim is Used

Your slip and fall injury lawyer will use all of the evidence you have collected, along with any he or she gathers for you, in order to build your personal injury case. 

The evidence gathered may prove that:

  • The property owner or representative was given actual notice or reasonably should have known of the dangerous hazard
  • The unsafe condition was foreseeable because it was a regular occurrence or there had been prior complaints
  • The property owner had sufficient time to become aware of the unsafe condition and rectify it
  • The hazard could have been reasonably managed or contained
  • There were inadequate health and safety protocols in place that could have identified and resolved the hazard
  • The property owner could have reasonably prevented the slip-and-fall accident by providing a warning about the unsafe condition

Providing convincing evidence to establish negligence on the part of the property owner will strengthen your case and help to ensure that you receive full and fair compensation for your injuries.

Potential Damages in a Slip-and-Fall Injury Case

A serious slip-and-fall accident can result in severe injuries and lead to untold hardship. Beyond physical pain and suffering, a fall can lead to a significant loss of income if you are unable to work for some time.

If you slipped and fell, you may be entitled to restitution for the physical, emotional, and financial damages associated with your incident. In pursuing compensation, the goal is to reach a settlement amount that will make your life whole again after the fall.

You may be able to receive compensation for:

  • Current and future medical expenses
  • Physical therapy and rehabilitation
  • Prescription medication
  • Pain and suffering
  • Property damage
  • Lost income
  • Diminished earning capacity
  • Emotional distress and mental anguish
  • Loss of companionship or consortium
  • Reduced quality of life
  • Additional out-of-pocket expenses related to the accident

A practiced slip and fall lawyer can assess the full extent of your losses and assign a monetary value to your claim. Thus, you can pursue the right amount of compensation that can meet your current needs and ensure your future quality of life.

Georgia State Time Limits on Filing a Slip and Fall Claim

If you have been injured in a slip-and-fall accident and wish to pursue compensation from the liable party, it is critical that you file your injury claim promptly. In most cases, someone who has been injured due to someone else’s negligence in the State of Georgia has 2 years to file a personal injury lawsuit. 

The statute of limitations may vary depending on the circumstances of the accident, but there is always a strict deadline for every case that must be met in order to take legal action.

An Atlanta personal injury lawyer can guide you through the legal claims process, ensuring that all necessary steps are taken before the statute of limitations expires.

Contact Atlanta Slip and Fall Lawyers Who Care

If you slipped and fell as the result of an unaddressed dangerous condition on someone else’s property, you are entitled to restitution for your pain and suffering. Filing an injury claim or pursuing a lawsuit can be confusing and stressful. You may feel that you do not have the energy to take legal action while trying to recover from your injuries. 

This is not the time to go it alone. The personal injury attorneys at Hoffspiegel Law are ready to stand by your side. We will guide you through the claims process, negotiate with the insurance company on your behalf, and argue your case at trial if necessary. Legal proceedings are much easier to bear when you have a knowledgeable lawyer by your side.

The Hoffspiegels believe that every accident victim deserves a voice. If you have been hurt as a direct result of another person’s oversight or negligence, you deserve compensation for what you have gone through. Let us handle your injury claim so that you can focus on your recovery. 

Our Atlanta-based lawyers have chosen to have a narrow practice focus. This has allowed us to develop significant expertise, comfort, and familiarity with the complexity of the cases we accept. As your legal warriors, we are committed to seeing your case through to the end.

When we take your case, every member of our legal team is at your service. We limit ourselves to a small number of cases so that we can prioritize each and every one of our clients. Since no two cases are the same, we do what is best for each individual we represent.

You don’t owe us anything until you get money for your claim, because we handle all personal injury cases on a contingency fee basis. Call us today at (404) 760-8600 or click the Contact Us button for a free legal consultation with a slip and fall lawyer. 

A member of our team is standing by to help. We want to hear your story.

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