Have you been injured in a Slip and Fall Accident in Savannah? 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 were 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.
Understanding a Savannah Slip and Fall Claim
Property owners may be held responsible when someone has slipped or tripped and fell on a wet floor, defective stairs, or rough patch. Slip and fall cases are based on the ideology of negligence:
1) Whether the property owner acted carefully in preventing a slip and fall on the property
2) Whether the victim acted carelessly in not seeing or avoiding the thing you fell on.
When a property owner fails to exercise reasonable care and was negligent with respect to ownership of the premises he or she can be held liable for the damages.
Some common causes for slip and fall injuries include:
- Uneven Steps
- Weather Conditions
- Spills on Floors
- Inadequate Lighting
- Unnecessary Clutter
The Elements of Negligence in a Premises Liability Claim
‘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 supermarket. 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.
What is Reasonable in Finding Negligence for Georgia Slip and Fall Cases?
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 the 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.
The Law of Burden of Proof in Comparative Negligence
In almost every Savannah 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%.
If your slip and fall accident was done at work, you should talk with our Savannah Work Injury Accident Attorneys.
Proving Carelessness in the Defense
When you file a slip and fall claim with our Savannah Injury Attorneys an insurance adjuster may touch on the following questions:
- Would a careful person noticed the dangerous spot and avoided it altogether
- Were there any warning signs that the spot may have been dangerous
- Were you doing anything that may have distracted you from paying attention to where you were going,
- Did you have a legitimate reason to be at the spot of the slip and fall
Taking proper measures after a slip and fall accident injury:
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:
- Report the accident- Report your accident to a manager, property owner, or landlord. Many establishments provide their own paperwork after an accident occurs. It's okay to use the resources they give you, just be sure to obtain a copy of the paperwork before you leave.
- Seek Medical Care- Even if you feel you haven't suffered significant injuries get proper medical care immediately following injuries. You will need proper documentation of your medical treatment if you wish to seek damages for your injuries
- Take Pictures- It is important to take pictures of the area surrounding the accident as well as the scene itself. Remember, conditions change quickly so recording pictures as soon as possible is advised.
- Witness Information- If anyone witnessed the slip and fall accident try to obtain their name, number, and address. This is an important component of your case and can also contribute to your settlement amount.
- Hire Legal Help- There are many complexities that involve premises liability claims and navigating these complexities alone can risk the loss of your claim. Our Savannah slip and fall attorneys have the resources and necessary knowledge to help you gain a fair settlement.
The Brown Firm Can Help Deliver Justice
If you have fallen victim to a slip and fall injury in Savannah 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 a 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 Savannah Slip and Fall Attorney Today.