Carrollton Slip and Fall Lawyer
The more common legal name for injuries resulting from a slip and fall is premises liability. It is a specific niche within personal injury law, and you should consult with a law firm experienced in evaluating these claims. Property owners and managers have the duty to exercise reasonable care to keep their property in a safe condition for visitors.
If you suffered injuries because of a negligent property owner, a Carrollton slip and fall lawyer could help you take legal action. Our dedicated personal injury attorneys could help you build a claim and determine what your case may be worth.
How Do Slip and Fall Accidents Occur?
Tripping hazards can happen in various places on an individual’s property. Some examples of slip and fall accidents that our Carrollton lawyers have seen over the years include:
- Broken or poorly lit staircases
- Uneven curbing
- Building code violations
- Broken handrails
- Slippery flooring
- Tripping hazards, such as potholes in a parking lot
What to Do Following a Trip and Fall Accident in Carrollton
Following a slip and fall accident, there are specific steps an individual and their Carrollton lawyer should take to help ensure that they remain eligible to recover financial damages. Some of these steps may include:
- Taking pictures of the scene and the condition which led to the accident
- Ensuring the property owner knows what occurred
- Seeking medical attention
- Getting the contact information of any witnesses
- Contacting our firm as soon as possible
How Does Duty of Care Change in Slip and Fall Cases?
State law is strict when defining the duties of landowners to visitors. The steps that an owner must take to prevent harm depends on the visitor’s reason for entering the property.
Property owners owe the greatest duty of care to invitees. Under Official Code of Georgia Annotated §51-3-1, these visitors enter a property for business purposes, and therefore, have permission to be on a property. In these situations, a property owner must take reasonable steps to maintain their premises and warn invitees of any possible tripping hazards. A Carrollton attorney could help injured parties understand their rights under the law following a slip and fall accident.
Do Property Owners Owe a Duty of Care to Trespassers?
Most slips and falls occur after a party receives permission to enter a premises. However, it is also possible that uninvited visitors, or trespassers, to suffer injuries. Still, it is nearly impossible for these individuals to collect payments.
O.C.G.A. §51-3-3 establishes that landowners must only refrain from causing willful or wanton harm to trespassers. However, an exception to this rule involves children entering the premises. Property managers must take steps to prevent harm that may affect children who wander onto their property.
Determining Fault in Trip and Fall Cases
Claimants bear the burden of proving that landowner negligence was the cause of their losses. However, landowners may be able to raise a defense that the plaintiff’s own actions contributed to their incident. For example, that a plaintiff was not paying proper attention when they stepped down a broken set of stairs, they may be partially at fault.
If a defendant can show that the injury was the result of a plaintiff not exercising ordinary care, O.C.G.A §51-11-7 states that the court may bar the claimant from receiving compensation. Additionally, juries have the option to apportion partial blame to plaintiffs who were not totally at-fault but did carry some liability for their losses. A Carrollton attorney could review a slip and fall case to identify if the claimant may be partially to blame and work to build a defense.
Speak with a Carrollton Slip and Fall Attorney
Our Carrollton slip and fall lawyers understand what legal action needs to be taken to seek and then recover financial compensation for your medical expenses, lost wages, and more. The property owner may try to lay blame for the accident on your shoulders, and we could help corroborate your side of the story. For more help on your case, call today.
