Trip & Fall Accidents
When you visit someone else's property in Georgia, you probably do not expect to get hurt. You may assume that the property owner has inspected the property and made repairs or put up warning tape to let you know of a dangerous condition. Unfortunately, not all property owners take steps to make sure that their visitors are secure. If you were injured in a trip and fall accident, you should discuss what happened to you with the experienced Atlanta trip and fall lawyers at Van Sant Law. You may be able to recover damages in a lawsuit.Trip and Fall Accidents
Trip and fall accidents are common. A trip and fall can result in skull fractures, spinal cord damage, broken bones, lacerations, and soft tissue injuries. Medical care may be expensive, and you may not be able to work as you recover. Dangerous conditions on someone else's property could include wet floors, uneven surfaces, broken tiles, falling objects, debris, or obstructions. If you believe that your injuries resulted from a dangerous condition on someone else's property, you may be able to recover compensation by pursuing a premises liability case.Liability
In Georgia, a property owner owes a duty to those invited onto the property to keep it reasonably safe and not expose those invited there to an unreasonable risk of injuries. The property owner cannot guarantee visitors’ safety. The court will examine the facts to determine whether the owner used reasonable diligence to make sure that the property was safe. Reasonable steps may include regular inspections to locate any dangerous conditions, and either make repairs or put up warnings. Additionally, property owners need to maintain the outer stretches of a property that people use to approach it, such as parking lots, sidewalks, stairs, and driveways. If you tripped and fell in a hotel parking lot and broke a bone, a trip and fall attorney in Atlanta may be able to help you pursue a claim against the hotel owner.
If you were injured on someone else's property and wish to hold the property owner liable, you will need to show that the property owner had actual or constructive notice of the dangerous condition that caused your injuries. Actual notice exists if something is seen, heard, or known. For example, if a manager saw a customer spill a sticky liquid and told a coworker that she was going to get cleaning supplies, this would demonstrate that the store owner had actual notice of the dangerous condition. Constructive notice occurs when a property owner should have known about a danger had they been taking proper precautions to keep visitors safe. In some cases, it is possible to show constructive notice by using surveillance footage. Stores may reuse surveillance tape fairly soon after recording. It is important to seek legal counsel right away. Our Atlanta trip and fall attorneys can send a spoliation of evidence letter notifying the property owner of its duty not to destroy evidence related to your trip and fall.
As with other personal injury cases, your damages can be reduced by an amount equal to your fault under the doctrine of comparative negligence. The jury will examine the fault of all the parties; your damages will be reduced by an amount equal to your percentage of fault. You will be barred from recovering damages at all if you were 50% or more responsible for your trip and fall.Damages
If we establish liability, we may be able to recover compensatory damages on your behalf. Compensatory damages are meant to put you back in the position in which you would have been had you not sustained injuries in the trip and fall. They can include lost wages, medical bills, rehabilitation, therapy, loss of enjoyment of life, loss of consortium, and pain and suffering.Retain a Premises Liability Attorney
If you were injured in a trip and fall accident, you should give us a call. Van Sant Law is an adapting and safety-conscious law firm, so we can sign up your lawsuit electronically without face-to-face interaction. However, we can visit you in your home if you prefer. We maintain offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. We represent accident victims across Georgia. Call us at 855-GA-INJURY or complete our online form to discuss your case with a trip and fall lawyer in Atlanta or surrounding areas.