Cobb County Commercial property owners are expected to prevent slip-and-fall accidents. To fully understand this type of accident, consider the legal framework around premises liability in Georgia.
If you or a loved one has experienced a slip-and-fall accident in Cobb County, talking with an experienced Marietta personal injury lawyer can be useful in understanding the legal landscape.
Understanding Negligence and Liability
In Georgia, two legal concepts are important to understand in slip-and-fall accident claims.
The first term is “negligence,” or failing to exercise care. In Georgia, commercial property owners have a duty of care to employees, vendors, and consumers to maintain safe property.
The second term to understand is “liability.” In other words, liability is the idea that the person is responsible for damages. Georgia Code (OCGA § 51-3-1) outlines that an owner or occupier is liable for damages if someone is injured as a result of failing to perform their duty of care.
Proving Negligence Requires Proof in Cobb County
To prove that a business, owner, or occupant was negligent requires proof. This may include that the person/s did not recognize, fix, or remove a hazardous condition when they should have done so. It may also be that the owner or business caused the hazardous condition, leading to the accident.
There are several questions to consider regarding proof, such as identifying hazards, performing safety checks, providing signage of hazardous conditions, and poor lighting. If a property owner is aware of a dangerous situation, they are typically required to post a warning such as a caution sign, roped-off areas, or cones.
A skilled attorney is knowledgeable in understanding how to evaluate and demonstrate a property owner’s liability for slip-and-fall accidents.
What if the Fault is Shared in Cobb County?
In some cases, people recognize that they have partially contributed to slip-and-fall accidents. For example, a person may have been distracted, talking on a cell phone, tending to a small child, or in a hurry. If you feel that you have partially contributed to the accident, there may still be cause for seeking compensation.
Under Georgia’s modified comparative negligence laws, victims are entitled to seek compensation if they are less than 50% liable for the incident. Under Georgia Code §51-12-33, you will not be able to recover compensation if you are more than 50% at fault for your injury.
The state laws reduce the percentage of compensation by the percentage of fault. For example, if you were distracted and did not see an unmarked pothole, there may be some mixture of liability. Getting an expert opinion on the strengths and weaknesses of your situation may help you evaluate your options.
Was There an Unsafe Condition on the Cobb County Property?
In slip-and-fall cases, an unsafe condition needs to be present. Examples can include potholes, debris, damaged walkways or sidewalks, wet floors, or an accumulation of snow and ice.
Property owners are required to make their property reasonably safe and are entitled to have a reasonable amount of time to notice potentially dangerous conditions.
Talk to a Cobb County Personal Injury Attorney
If you have questions about a slip-and-fall accident, you deserve answers. Talking with an experienced attorney can help to understand your legal rights, and may provide insight into legal options.