After a Slip and Fall Injury in Marietta, Ga
Were you injured in a slip and fall accident in Marietta, Ga. Our attorneys can help walk you through the steps needed to file a claim and get compensation for your injuries.
Everyone has slipped (tripped) and fallen at some point in their lives. Quite often these falls are blamed on carelessness not being careful, or the plain fact of not paying attention. But occasionally these falls are a result of a hazard of one kind or another on someone else’s property.
If you were injured in Marietta due to unsafe conditions, contact Our Georgia Personal Injury Law Offices today. We can get you monetary compensation medical bills, wage loss, and more.
What are the legal terms of a slip and fall injury?
The owner of the property you were injured could be held liable for your injuries. It must be proved first, however, that the owner was negligent before they can be held liable. A slip and fall injury can happen on any property-private, commercial, or government-owned. There are four general types of “fall” accidents which could lead to the filing of a personal injury claim or lawsuit.
- Trip- and -fall accidents, where there is a foreign object in the walking path
- Stump-and-fall accidents, where there is an impediment in the walking path
- Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface
- Slip-and-fall accidents, in which the interface of the shoe and the floor fails, usually because of a slick surface.
To be considered an injured party, you must first be categorized as one of the following three visitors:
- Invitees-Someone who enters a property to manage the business at the request of the owner is considered an invitee. This includes customers, contractors, salespeople, repairmen, and the like. In other words, they have the direct or implied permission from the owner to be on the property.
- Licensees-Someone invited onto the property by the are for social purposes is considered a licensee. Their presence is tolerated or permitted and therefore is not a trespasser, but does not qualify as an invitee. This typically includes neighbors, friends, and family.
- Trespasser-A trespasser enters a property without an invitation from the owner. He is neither an invitee nor licensee even if the trespasser is there because of a mistake. A trespasser knows (or should know) he was not invited. Thus, they have no legal basis to file a claim if injured on the property.
Who is responsible for hazardous conditions?
Just because a person falls on someone else’s property doesn’t make the property owner automatically responsible for any resulting injuries. However; in some instances, owners of both private and commercial property can be held liable. For the property owner to be liable, an unsafe condition must have caused the fall. It is not enough to solely slip, or stumble, while on someone else’s property.
Examples of unsafe conditions:
- Accumulation of snow or ice
- Wet and slippery floors
- A badly damaged sidewalk
- Potholes, or
- Debris
The landowner must have caused the unsafe condition or allowed it to persist. It Is important to know that property owners don’t have to make their property perfectly safe necessarily. They are only obliged to make their property reasonably safe. In the situation of a snow storm, a property owner is usually required to clear the snow and ice from the parking lot and sidewalks that other people are likely to use. But the property owner is not required to make the parking lot and sidewalks perfectly dry and clear. For this reason, a slip and fall right after a snow storm is not likely to hold to a valid claim
Should I file a report after I fall?
If you fall in a store or a common place where the normal protocol for the business is to construct a report, then yes, make sure an accident report is completed at the time of the accident. You do not need to sign anything or give any lengthy statements (in fact, you shouldn’t), just have the business take note of what happened, who witnessed it, and any other relevant information. Make sure you receive a copy of the report.
Should you compile your report if your injury is sustained on private property?
Yes, it is a good idea to keep a record of the injury, or in the case that the business failed to generate a report, you can keep record yourself.
- A complete description of the circumstances leading up to the fall, including the condition of the ground or floor, the presence of any debris or objects, etc.
- What you felt, heard, and saw at the time of the incidence
- Who was present
- Any comments made by those who saw or helped after the fall
If doable take photos of the area where you fell. If you were physically hurt, seek medical attention and hold onto any records and bills related to your treatment.
What should you do after a slip and fall injury?
Be very cautious about what you say and do after a slip and fall accident. Anything that you say can
be used to downplay your injury or shift the blame to you. Conversations with property owners, one of their employees, an insurance adjuster, or any legal counsel other than your own can hurt your case. Even simple phrases like "I'm okay," or "I didn't see that there,"could be used against you.
If you have been injured in a slip and fall injury, seek medical attention immediately. Gaps in time from when the injury occurred from when you sought out medical treatment will weaken your claim.
Call our Marietta Law Offices for Free Advice
At our Georgia Injury Litigation Office we are here to help you. We are compassionate towards the level of anxiety and suffering experienced after an injury. Don't let responsible parties get away with the heavy burden caused on you or your loved ones lives.
If unsafe conditions were foreseen and no action was taken contact our Marietta Slip and Fall Accident Injury Lawyers. Click below for a free case review.
