Stone Mountain Slip and Fall Attorney
After experiencing a slip and fall injury focusing on getting your health in order is tough enough. Call our Stone Mountain slip and fall attorneys. Our legal team will investigate your case, file your claim, and compile all evidence.
If you were injured due to dangerous conditions on someone else's property, contact our attorneys immediately.
There is a good chance your slip and fall wasn't an accident and your injury could have been prevented.
Deciding who is liable after a slip and fall accident
How do you decide who is responsible for an injury after a slip and fall accident ? Many thousands of people are injured each year-some very seriously-when they slip trip or fall on a saturated floor, broken stairs, or an indentation in the ground. Sometimes the property owner is responsible for the accident, and sometimes he or she is not.
If you have been injured in this way, first understand that it is expected to have things drip on the floor or the ground, and for smooth surfaces to break apart and become cracked. Also some things placed in the ground stand a purpose and need to remain in a certain locations in order to carry-out it's purpose e.g. drainage grates.
With that being said property owners (occupants) can't be expected to immediately pick up or clean up every sticky or spilled substance. Nor is it the property owners responsibility when someone slips or trips over something that a reasonable person would expect to find there or should see and fight shy of. We have an obligation to be observant of our surroundings.
However, property owners do need to be watchful in keeping up there property's. While there are no set rules on deciding if someone can be held legally accountable for something on which that you slip or trip, cases turn on whether the property owner acted carefully so that tripping or slipping could be avoidable.
Determining liability for slip and fall injuries
To be legally responsible for the injuries that occurred due to a slipping and tripping fall on someone else's property one of the following must be true:
- The owner of the site or employee must have caused the spill, worn or torn the spot, or other slippery or dangerous surface or item to be underfoot.
- The owner of the site or an employee must have known of the dangerous service but failed to do anything about.
- The owner of the site or employee should have know of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it.
Why is it important to document detail of your slip and fall injury ?
The third situation is the most common, but is also not as cut and dry as the first two because of the delicate words "should have known" liability in these cases is thought of as common sense. Judges and juries decide whether the owner or operator of the property were careful by deciding if the steps taken by the owner or operator were reasonable.
Say you fell in a store or a common place where normal protocol for the business is to construct a report, then yes, make sure an accident report is completed at the time of the accident. You do not need to sign anything, or give any lengthy statements (in fact, you shouldn’t), just have the business take note of what happened, who witnessed it, and any other relevant information. Make sure you receive a copy of the report, or in the case that the business failed to generate a report, you can keep record yourself.
- A complete description of the circumstances leading up to the fall, including the condition of the ground or floor, presence of any debris or objects, etc.
- What you felt, heard, and saw at the time of the incidence
- Who was present
- Any comments made by those who saw or helped after the fall
If doable take photos of the area where you fell. If you were physically hurt, seek medical attention and hold onto any records and bills related to your treatment.
Who should you speak to after your slip and fall injury?
Be very cautious about what you say and do after a slip and fall accident. Anything that you say can be used to downplay your injury or shift the blame to you.
Conversations with property owners, one of their employees, an insurance adjuster, or any legal counsel other than your own can hurt your case. Even simple phrases like "I'm okay,"or "I didn't see that there,"could be used against you.If you have been injured in a slip and fall injury seek medical attention immediately.
Gaps in time from when the injury occurred from when you sought out medical treatment will weaken your claim
Filing a Stone Mountain premises liability lawsuit: 3 categories of an injured party
In order to be considered an injured party, you must first be categorized as one of the following 3 visitors:
- Invitees- Someone who enters onto property to conduct business at the request of the owner is considered an invitee. This includes customers, contractors, salespeople, repairmen, and the like. In other words, they have the direct or implied permission from the owner to be on the property.
- Licensees- Someone invited onto the property by the owner for social purposes is considered a licensee. There presence is tolerated or permitted and therefore is not a trespasser, but does not qualify as a invitee. This typically includes neighbors, friends, and family.
- Trespasser- A trespasser enters a property without invitation from the owner. He is neither an invitee nor licensee even if the trespasser is there because of a mistake. A trespasser knows (or should know) he was not invited. Thus, they have no legal basis to file a claim if injured on the property.
Examples of unsafe conditions:
- Accumulation of snow or ice
- Wet and slippery floors
- A badly damaged sidewalk
- Potholes, or Debris
Our Stone Mountain Attorneys Can Help file your slip and fall accident claim
For our slip and fall clients we will compile your medical records and calculate the amount of your losses, including current and future medical costs, lost wages, rehabilitation expenses, pain and suffering, and other damages. Our Attorneys understand the anguish of your losses and are here to protect your rights and maximize your compensation deserved. Click below to start your free consultation with our expert Stone Mountain Slip and Fall attorneys today !