Were you been injured in a slip and fall accident in Marietta? The Brown Firm has an exceptional team of personal injury attorney’s ready to take on your case.
Surprisingly, thousands of people are injured each year in slip and fall accidents that was due to the negligence of someone else.
These injuries are often brushed off as irrelevant and purely accidental; however, the truth is the exact opposite.
If you were hurt in a Slip and Fall Accident in Marietta, GA, click below for a free consultation with our Attorneys.
Property owners may be held responsible when someone has slipped or tripped and fell on a wet floor, defective stairs, or rough patch. In order to prove your injuries you must first show the property owner was liable for the sustained damages, one of the following must be true:
1) Whether the property owner acted careful in preventing a slip and fall on the property 2) Whether the victim acted careless in not seeing or avoiding the thing you fell on. Many of these findings are based off common sense, deciding if the occupier of the property acted "reasonably" in maintaining a safe property. In other words, does the property owner make regular and thorough efforts to keep the property clean and safe?
When a property owner fails to exercise reasonable care and was negligent in respect to ownership of the premises he or she can be held financially liable for the damages.
Some common causes for slip and fall injuries include:
‘The Duty of Care’-This follows the principle that injuries were sustained due to someone not expected to be the place the accident happens.
EXAMPLE: Sam wanted to ask a question of the produce manager at his local super market. He knocked on the door of the produce back room, but no one answered. Sam noticed the door was marked “Employees Only,” but proceeded to enter through the door.
While he was looking around for someone, he slipped and fell on a wet spot and was injured. Sam would not have a good liability claim because the store had no duty to protect customers who ignore Employees Only signs and wander around where they are not supposed to be.
The rule of negligence states that everyone must take “reasonable care” to avoid injury to others, reasonable care does vary in time and place, and with the relationship between people, so that the same conduct might be considered negligent in one instance but not be in another.
Example 1: Injured in a store- A woman slipped on a spilled puddle of liquid soap at her local grocery store, and shattered her knee cap. According to the woman, multiple grocery store employees passed by the spill and ignored the puddle of dangerous soap. The store paid a significant amount of financial compensation to the woman, covering her medical expenses, pain and suffering.
Example 2: Fell on liquid- A man was shopping and slipped on a mysterious liquid in a covenant store; however, the man was not able to demonstrate the source of the liquid. The store claimed the liquid was the result of the man walking in snow. The man claimed the liquid was already on the floor and did not come from his shoes. The man lost his case and a subsequent appeal.
In almost every Marietta slip and fall case our lawyers see , the defendant will try to argue whether your carelessness contributed to the accident. The state of Georgia follows the rules of “comparative negligence,” when finding damages in slip and fall lawsuits.
Meaning, when it is time for the jury to weigh the evidence at the trial, they must compare the plaintiff’s negligence with the defendant’s negligence. (Note: this only happens when the defendant is first found guilty, then it is up to the defendant if the issue of carelessness is even pursued.)
If the plaintiff (injured person) is found negligent in connection with the underlying accident, then their compensation is reduced by the percentage found negligent. In other words, if you were found 10% at fault for your injury accident than your total amount of compensation will be reduced by 10%.
In slip and fall accident cases in Georgia, properly recording and documenting all evidence pertaining to your accident is essential in gaining a high settlement. Time can hurt you if you don't react fast enough, witnesses may disappear or the accident scene may change. If you are injured in a slip and fall incident there are certain steps you should take:
If you have fallen victim to a slip and fall injury in Marietta and need help filing a proper premises liability claim, look no further our lawyers have exceptional skills and experience to help you throughout your lawsuit.
Whether you have legal questions or substantial injuries our legal staff is here to help you. Remember, you don't need to "prove" anything, only to make reasonable argument that the property owner was negligent. No two slip and fall cases are alike, we will weigh the differences and bring forth all responsible parties to help compensate you for your injuries.
Click on the link below for a free consultation with our Top Rated Marietta Slip and Fall Attorney.