Were you injured in a slip and fall accident in Marietta? You may have a claim for financial compensation under Georgia’s premises liability laws. These are fault-based cases. A business or property owner can be held liable for a slip and fall that occurs on their premises. However, liability is by no means automatic. You need to prove negligence to bring a successful claim. Here, our Marietta slip and fall accident lawyer provides a guide to proving negligence in Georgia.
Know the Law: Slip and Fall Accidents are Premises Liability Cases
A slip and fall accident in Marietta will be governed by state law. In Georgia, these are premises liability cases. The most important statute is O.C.G.A. § 51-3-1. It provides that an owner or occupier of land who invites others onto the premises for lawful purposes owes a duty to exercise ordinary care in keeping the premises and approaches safe. In most retail or commercial settings in Marietta, the injured victim qualifies as an invitee. That status matters. Invitees receive the highest duty of care under Georgia law.
A key point to know is that a business or property owner is not automatically liable for a slip and fall accident. Indeed, liability does not arise simply because a fall occurred. Georgia courts require proof that the defendant had superior knowledge of the hazard. Superior knowledge forms the backbone of a slip and fall case. If the property owner lacked actual or constructive knowledge of the dangerous condition, recovery will fail. In other words, you need to prove negligence to bring a successful claim for a slip and fall injury in Georgia.
Proving Negligence in Slip and Fall in Georgia
To prevail in a slip and fall case in Cobb County, an injured victim must establish the traditional elements of negligence under premises liability law. Here are the key requirements of a slip and fall accident case:
- Duty of Care: To start, you must establish that the defendant owed a legal duty. Under Georgia law, businesses and property owners owe invitees a duty of ordinary care to keep premises reasonably safe.
- Breach of Duty: You must also demonstrate that the business or property owner failed to meet that duty. A breach may involve failing to clean a spill, neglecting to repair uneven flooring, ignoring a leaking refrigeration unit, or failing to warn of a known hazard.
- Knowledge of the Hazard: Georgia law imposes a specific requirement in slip and fall cases. The plaintiff must prove that the defendant had actual or constructive knowledge of the dangerous condition. Actual knowledge may arise from prior complaints or employee observation. Constructive knowledge may arise from the length of time the hazard existed or the absence of reasonable inspection procedures.
- Causation: Proving a dangerous hazard is not enough in a slip and fall case. You also need to establish causation. In other words, the hazardous condition must be the proximate cause of the fall and resulting injuries. The defense frequently argues that the plaintiff slipped for an unrelated reason or cannot identify the precise cause of the fall.
- Damages: Finally, you must prove actual damages. These may include medical expenses, lost wages, diminished earning capacity, and pain and suffering. Without documented damages, liability alone will not support recovery.
Evidence is Key in Slip and Fall Claims
Slip and fall cases turn on evidence. A business or property owner may have a wide range of relevant evidence in its possession after a fall accident. For that reason, a spoliation letter should generally be sent immediately to preserve relevant recordings. A top-rated Marietta, GA slip and fall accident lawyer can help you with all aspects of the investigation.
Be Proactive: Slip and Fall Statute of Limitations
Georgia imposes a two-year statute of limitations for personal injury claims under O.C.G.A. § 9-3-33. In most slip and fall cases, the injured victim must file a lawsuit within two years of the date of the fall. There are only very narrow exceptions that apply to the Georgia statute of limitations. The failure to file within that period results in dismissal. In other words, even if you have an otherwise very strong case, you will be denied compensation for your slip and fall injuries if you wait too long to bring a claim. Be proactive: Speak to a Marietta premises liability lawyer right away.
Recovering Slip and Fall Accident Compensation in Marietta, GA
Hurt in a slip and all in Marietta or elsewhere in the wider region in Georgia? You have the right to pursue compensation for the full amount of your damages, including for intangible losses. Our Marietta slip and fall accident attorneys are committed to helping injured victims fight for the absolute maximum compensation. Through a claim, you may be entitled to get compensation for:
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Other health care costs;
- Physical therapy;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death.
How Our Marietta Slip and Fall Accident Attorney Can Help
A slip, trip, or fall can cause a serious injury. If your accident was caused by the negligence of a business or a property owner, it is crucial that you know how to prove liability. At The Persons Firm, LLC, we are here to proactively investigate your case and gather all of the evidence that you need to prove fault and establish your damages. With a proven record of case results, you can rely on our Marietta, GA slip and fall accident attorney for a free, no obligation initial consultation.
Contact Our Marietta, GA Slip and Fall Accident Lawyer Today
At The Persons Firm, LLC, our Marietta slip and fall accident attorney is a knowledgeable, experienced, and solutions-focused advocate for justice. If you or your loved one was hurt in a slip and fall, we can help. Contact us right away to set up your free, no strings attached case review. With a law office in Marietta, we handle slip and fall accident cases all across the region, including in the zip codes of 30060, 30061, 30062, 30063, 30064, 30065, and 30066.