The thought of getting into a slip and fall accident rarely crosses our minds, but did you know that these kinds of accidents are one of the leading causes of emergency room visits in the United States? Slips and falls are more common than you think. A simple visit to your neighbor or the grocery store could end up resulting in a slip and fall that causes severe injury.
When you slip and fall, you might blame your clumsiness for the injury, but more often than not, these accidents are the negligent actions of the premises owner. That is why you should consult a Tucker slip and fall lawyer for proper advice. The team at The Hurt Boss has vast experience in this field and should be able to help you determine the party at fault for your slip and fall injury and suggest the best course of action.
In the state of Georgia, all property owners and landlords owe users and guests to their property a duty to maintain safe conditions within their property. When they fail to fulfill this duty, they put the lives of others in danger and can therefore be held liable for resulting injuries including slips and falls.
At The Hurt Boss, we have a team of seasoned Tucker personal injury lawyers who are ready to help with your slip and fall case. Our aim is to help you seek justice and we will do so by aggressively fighting for your rights and ensuring you are compensated for the negligence or careless actions of the other party. Get in touch by calling us at 678-806-7715 and get a free no-obligation consultation!
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The Common Causes of Slip & Fall Accidents
While we often think about wet surfaces when it comes to slip and falls, there are actually an array of slip and fall accidents. The most common include:
- Slippery or wet floors – This can be due to a spill, someone forgetting to clean, snow, rain, a leaky pipe, or surfaces that are naturally slippery like polished stone floors or glass.
- Unstable or uneven surfaces – Premises especially where traffic is common are required to keep their walkways safe and secure for their guests or visitors. Broken tiles, uneven concrete or brick surfaces, and even holes are all tripping hazards that can result to fall accidents and severe injuries.
- Dangerous ramps and staircases – When staircases and ramps aren’t maintained properly, like loose or broken boards, it can lead to a tripping hazard.
- Poorly lit, disorderly or cluttered hallways or walkways – If a premises does not maintain a clean and orderly look, clutter quickly accumulates and creates a hazard where a person can trip and fall.
- Structural and maintenance issues – Structural defects and poor maintenance like torn carpeting, and potholes in parking lots and streets can lead to accidents as well.
- Failure to implement safety measures – Failure to install anti-slip devices, storm drains and gutters which all contribute to dangerous conditions during heavy rainfall or snowfall.
- No posted warning signs – Failure to put signs or restrict areas with any of the above-mentioned conditions.
How Can a Tucker Slip and Fall Lawyer Help With Your Case?
When it comes to slip & fall accident claims, you have to provide adequate proof that the liable party, whether it is the owner of the property, the business running the premises, or both, was negligent and did not practice safe conditions in their premises, and thus your accident. However, this can be a hard claim to do successfully due to the numerous nuances when trying to recover from the injury.
A Tucker slip and fall lawyer will come in handy as they will do a thorough investigation of your accident and gather all the necessary evidence. They will seek access to any security camera footage to determine the unsafe condition of the premises and whether or not they were aware.
Also, your lawyer will talk to any witnesses present at the scene and figure out whether there have been similar reports and claims filed against the owner. By working with a reputable lawyer, like those from The Hurt Boss, no stone will be left unturned. This is with the aim to build a solid case on your behalf.
Help Filing an Insurance Claim and Lawsuit
As mentioned earlier, more than one party may be responsible for your slip and fall injury. This means you will have to deal with multiple insurance providers and legal teams. This makes legal representation even more important. A seasoned lawyer with the skills to handle slip and fall injuries will make a huge difference in your case and take away much of the burden.
Representation in Settlement Negotiations & Court
A competent lawyer will make sure all due processes and deadlines are met throughout the slip and fall claim process. Most cases end during the negotiation process but if a fair settlement agreement cannot be reached, then your lawyer will prepare and take your case to court and provide professional legal representation.
What Steps Should You Take in a Slip and Fall Case?
The actions you take following a slip and fall accident will have a substantial effect on your claim outcome. As such, you need to make sure you make the right decisions and protect both your health and rights.
So, if you sustain an injury due to a slip and fall, ensure you do the following:
- Record the Incident – The first line of defense is to document the scene. This involves taking photos and videos of both your injuries and the conditions that caused the accident.
- Seek Medical Attention – One of the basic things you should do following an accident of any nature is to seek medical attention as soon as possible. This not only ensures that your injury is attended to before it worsens, but provides evidence that you were actually injured when it comes to making a slip and fall claim.
- Report the Accident to Management – It is important to notify the manager or owner of the property right after the accident.
- Collect Details of Witnesses – If people were present during the accident scene, you will want to collect their names, and contact details as they may come in handy if your case goes to court.
- Hire a Tucker Slip and Fall Accident Lawyer – Slip and fall accidents can be hard to prove and are often seen as a way to scam establishments. That’s why you should hire a lawyer to ensure you provide concrete evidence and do everything in accordance with the law. Our lawyers are experienced in this field and will help you throughout every step of the process.
Who Can Be Held Responsible in a Slip and Fall Accident in Tucker, GA?
Landlords, property owners, and homeowners are expected to keep their properties safe and secure for guests. As such, the property owner can be held responsible for a slip and fall accident if he/she overlooked hazards and failed to take the right measures to ensure their property safety.
The frequency of property inspection is often based on the purpose of people visiting the premises. For example, if the visitors are there for business reasons, the owner is tasked with regularly inspecting the premises to ensure that there are no safety or security issues.
If your purpose at the premises is to pay a friend a visit, the homeowner is not mandated to inspect the premises for potential dangers. However, they are tasked with notifying all visitors in advance when there are safety concerns within the property. If the property owner knew about a safety issue and the possible visitor presence and overlooked it, then they can be held liable for the accident.
Apart from business owners and homeowners, landlords, as well as government entities, can also be held responsible for slip and fall accidents. As such it is imperative to determine the party liable for your injury. According to Georgia law, you can seek full compensation from the liable parties.
The team at The Hurt Boss will partner with the relevant professionals to identify the party responsibly and create a solid case that ensures a fair settlement.
How Is a Slip and Fall Accident Proven in Georgia?
When dealing with a slip and fall premises liability claim, there are two factors that come into play:
- The first is that the property owner must have been aware of the unsafe situation or reasonably knew about it.
- Second, the victim wasn’t told about the hazardous condition. This means there were no warning signs and they could not have possibly known about the dangerous conditions at the time.
Basically, in order to succeed in holding the party responsible for your injury, you need to show that they actually knew or were reasonably aware of the condition and failed to address the issue in time or otherwise.
How Is Liability Determined in a Tucker Slip and Fall Accident Claim?
It’s trivial that no property owner, landlord, etc., would be willing to accept fault for your injury. Most of them will argue that it was your fault in one way or the other and if their claim is successful, you are bound to receive a less amount if any at all.
Some of the factors considered during these cases include:
- If you had a valid reason to be at the premises during the time of the accident
- If the landlord, property, or homeowner provided enough warning of the dangerous condition that led to the accident.
- If a reasonable individual practicing proper caution would have seen the dangerous condition and avoided an accident. This simply means they were not distracted.
- If you were engaged in other activities that could have possibly resulted in the accident.
How Much Is My Slip and Fall Accident Claim Worth?
Of course, the first thing is to figure out how much in the settlement you can get from the claim. Unfortunately, this is not always straightforward as we would all want. Figuring out how much an injury case is worth depends on a wide array of factors. The nature of each accident is different including the extent of the accident.
However, it is worth getting a rough estimate of your claim and this is where a lawyer plays another important role. An experienced Tucker slip and fall lawyer will put into consideration factors like medical bills, loss of earning capacity, lost wages, out-of-pocket expenses as well as non-monetary losses like emotional trauma, loss of companionship, loss of consortium, pain, suffering, etc.
What Are the Time Limits for a Slip and Fall Lawsuit?
In Georgia, the statute of limitations for slip and fall accident claims is 2 years. Just like all other personal injury cases, you have this time limit to fail a claim or it will be denied by the court. While this period is set to give you adequate time to recover before pursuing a claim, this is not always advisable.
Slip and fall accidents are tricky when it comes to proving liability and so, it’s often best to pursue the case as early as possible. If you wait for long, witnesses might forget the details of your case and the liable party might come up with even more tactics to avoid compensation.
To avoid evidence tampering, ensure you involve a lawyer as early as possible. This way, they will be able to build a solid case on your behalf by gathering evidence when it is fresh. You will also be at peace recovering knowing that your lawyer is doing all the necessary work.
Hire a Seasoned Slip and Fall Accident Lawyer in Tucker Today!
Slip and fall accidents are usually unexpected and that’s what makes them serious. If you or a loved one has been a victim of such an injury, you are eligible for compensation for medical expenses, loss of earning capacity, lost wages, and the like. Get in touch with The Hurt Boss for the best chances of fair compensation. Call us at 678-806-7715 today for a free, no-obligation consultation!