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What Am I Required To Prove In My Slip and Fall Case?

Our law firm routinely receives phone calls from clients who have been injured while on the premises of a business or residence by a hazard that should have been prevented. The most common manifestation of this example comes in the form of a slip and fall personal injury claim.

The plaintiff’s ability to recover damages resulting from a slip and fall will depend on whether the premises owner was negligent in ensuring that the property was free of hazards. All property owners, regardless of residential or commercial status, owe a duty of care to the people who are on their property. Of them, the highest duty of care is owed to those persons who have been invited to the property. Most slip and fall cases involve commercial properties or businesses because of the high duty of care owed to its patrons by the very nature of them being invited to the premises for a particular purpose, to shop.

In Georgia the land owner is required to exercise ordinary care to protect the invitee from unreasonable risks of harm which the owner has superior knowledge of. Ordinary care is the care that a reasonable person would exercise under the circumstances. This means the owner is expected to inspect the premises to discover possible dangerous conditions of which the owner does not have actual knowledge. The owner is also required to take reasonable precautions to protect invitees from foreseeable dangers such as:

  • improperly lit stairways
  • slippery foreign substances on floors
  • uneven pavement
  • holes or defects in flooring

What should you do if you are injured from a slip and fall?

  • Document the hazard that caused you to fall.
  • Take a photo if you have access to a camera.
  • Obtain the names and contact information of anyone who may have witnessed the accident. Within the time it takes for your attorney to prepare your case witnesses may move and the once hazardous condition may have been repaired or replaced by the business.
  • Contact an attorney. Contacting a Douglasville Personal Injury Lawyer soon after the accident will give you the best opportunity to be paired with reputable doctors and treatment programs. Most importantly, we can begin the process of obtaining the compensation you deserve.