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Were you injured in a slip and fall accident?
The Brown Firm slip and fall attorneys in Cumming, GA are ready to take on your case.
If you were injured in a slip and fall accident, you are not alone. Surprisingly, thousands of people are injured each year in these accidents due to the negligence of someone else.
Often these injuries are seen as irrelevant and purely accidental; however, that is often not the case.
Understanding a Cumming Premises Liability
Understanding a Cumming Premises Liability
Property owners may be held responsible when someone has slipped or tripped and fell on a wet floor, defective stairs, or rough patch.
To prove your case, you must first show that the property owner was liable for the sustained damages.
Many of these findings are based on common sense, deciding if the occupier of the property acted "reasonably" in maintaining a safe property.
In other words, does the property owner make regular and thorough efforts to keep the property clean and safe?
What Are Common Causes of Slip and Fall Accidents?
What Are Common Causes of Slip and Fall Accidents?
When a property owner fails to exercise reasonable care and was negligent concerning ownership of the premises, he or she can be held financially liable for the damages.
Some common causes for slip and fall injuries include:
Uneven Steps
Weather Conditions
Spills on Floors
Inadequate Lighting
Unnecessary Clutter
The Elements of Negligence in a Premises Liability Claim
The Elements of Negligence in a Premises Liability Claim
'The Duty of Care'-This follows the principle that injuries were sustained due to someone not expected to be the place the accident happens.
EXAMPLE: Sam wanted to ask a question of the produce manager at his local supermarket. He knocked on the door of the produce back room, but no one answered.
Sam noticed the door was marked "Employees Only," but proceeded to enter through the door.
While he was looking around for someone, he slipped and fell on a wet spot and was injured.
Sam would not have a good liability claim because the store had no duty to protect customers who ignore "Employees Only" signs and wander around where they are not supposed to be.
However, if you are an employee and were injured while at work, make sure to contact our Cumming Work Injury Attorneys immediately.
What is Reasonable in Finding Negligence for Georgia Slip and Fall Cases?
What is Reasonable in Finding Negligence for Georgia Slip and Fall Cases?
The rule of negligence states that everyone must take "reasonable care" to avoid injury to others; reasonable care does vary in time and place, and with the relationship between people, so that the same conduct might be considered negligent in one instance but not be in another.
Example 1: Injured in a store- A woman slipped on a spilled puddle of liquid soap at her local grocery store and shattered her knee cap.
According to the woman, multiple grocery store employees passed by the spill and ignored the puddle of dangerous soap.
The store paid a significant amount of financial compensation to the woman, covering her medical expenses, pain, and suffering.
Example 2: Fell on liquid- A man was shopping and slipped on a mysterious liquid in a convenient store; however, the man was not able to demonstrate the source of the fluid.
The store claimed the liquid was the result of the man walking in the snow.
The man claimed the liquid was already on the floor and did not come from his shoes. The man lost his case and a subsequent appeal.
The Law of Burden of Proof in Comparative Negligence
In almost every one of these cases our lawyers see, the defendant will try to argue whether your carelessness contributed to the accident.
The state of Georgia follows the rules of "comparative negligence" when finding damages in slip and fall lawsuits.
Meaning, when it is time for the jury to weigh the evidence at the trial, they must compare the plaintiff's negligence with the defendant's negligence.
(Note: this only happens when the defendant is first found guilty, then it is up to the defendant if the issue of carelessness is even pursued.)
If the plaintiff (injured person) is found negligent in connection with the underlying accident, then their compensation is reduced by the percentage found negligent.
In other words, if you were found 10% at fault for your injury accident, then your total amount of compensation will be reduced by 10%.
Proving Carelessness in the Defense
When you file a claim with one of our attorneys, an insurance adjuster may touch on the following questions:
Would a careful person noticed the dangerous spot and avoided it altogether
Were there any warning signs that the area may have been dangerous
Were you doing anything that may have distracted you from paying attention to where you were going
Did you have a legitimate reason to be at the spot of the slip and fall
Helping your Slip and Fall Accident Injury Suit:
In slip and fall accident cases in Georgia, properly recording and documenting all evidence about your accident is essential in gaining a high settlement.
Time can hurt you if you don't react fast enough, witnesses may disappear, or the accident scene may change.
If you are injured, there are specific steps you should take:
Report the accident- Report your accident to a manager, property owner, or landlord.
Many establishments provide their own paperwork after an accident occurs.
It's okay to use the resources they give you; be sure to obtain a copy of the paperwork before leaving.Seek Medical Care- Even if you feel you haven't suffered significant injuries, get proper medical care immediately following injuries. You will need appropriate documentation of your medical treatment if you wish to seek damages for your injuries.
Take Pictures- It is essential to take pictures of the area surrounding the accident and the scene itself. Remember, conditions change quickly, so recording photographs as soon as possible is advised.
Witness Information- If anyone witnessed the slip and fall accident, try to obtain their name, number, and address. This is an essential component of your case and can also contribute to your settlement amount.
5. Hire Legal Help- Many complexities involve premises liability claims, and navigating these complexities alone can risk the loss of your claim.
Our Cumming slip and fall attorneys have the resources and necessary knowledge to help you gain a fair settlement.
The Brown Firm Can Help Deliver Justice
If you were injured in a fall that you believe is not your fault and need help filing a proper premises liability claim, look no further.
Our lawyers have exceptional skills and experience to help you throughout your lawsuit.
Whether you have legal questions or substantial injuries, our legal staff is here to help you.
Remember, you don't need to "prove" anything, only to make a reasonable argument that the property owner was negligent.
No two cases are alike; we will weigh the differences and bring forth all responsible parties to compensate you for your injuries.
Click on the link below for a free consultation with our Top-Rated Attorneys.
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