An Atlanta slip and fall accident lawyer can prove negligence by showing that because the at-fault party breached their duty of care, they caused another person to suffer injuries and losses. It can be tricky to jump through all of the legal hoops to prove negligence, but you do not have to go through this process by yourself.
A premises liability attorney from Bader Scott Injury Lawyers can gather the evidence needed to prove negligence and hold the other party accountable for your losses. Today, you can start a free legal consultation and learn more.
Your Atlanta Slip and Fall Lawyer Proves Negligence With These Four Elements
It might be obvious to you that you slipped and fell because of the negligence of the property owner. Yet, we must prove negligence to compel a settlement from the liable party. This involves gathering evidence to show:
Duty of Care: the At-Fault Party Had an Obligation to Maintain the Premises
The at-fault party must have owed you a legal duty. If you were on the property legally, in other words, not trespassing, the landowner had a duty to take reasonable measures to keep the premises safe for visitors.
If there was a dangerous condition on the property that the owner knew about (or should have known about), they should have taken at least one of these steps within a reasonable amount of time:
- Corrected the slip and fall hazard
- Posted adequate warnings about the unsafe condition
- Blocked off the potential hazard to prevent injuries
Here’s a scenario to understand a property owner’s duty of care. Let’s say that the property is a grocery store that experienced intermittent leaks on the floor from pipes in the refrigeration cases. The store would have a duty to get the pipes fixed to stop the leaks, post warning signs around the refrigerator cases that leaked, or place barriers around the leaking coolers to keep people from slipping and falling in the puddles.
In some situations, the store would be required to do more than one of these measures. Also, they might need to take temporary measures, like placing skid-free mats on the floor to absorb the spills until the pipes could get repaired.
Breach of the Duty: the At-Fault Party Exposed You to a Hazardous Condition
When a person’s conduct does not meet the standards of their legal duty of care, they are negligent. Being negligent, however, does not automatically make a person legally liable.
In our scenario, the grocery store manager noticed a leak from a freezer but didn’t address the hazard because they became quickly preoccupied. An hour later, a shopper slipped and fell in the puddle, suffering severe injuries to their head and back.
Because the property owner knew of a dangerous condition but did not take measures to prevent injury, they would have breached their duty of care.
Causation: the Breach of Duty Caused Your Slip and Fall
The owner’s negligence must be what caused the person to be injured. This is the “causation” element of legal liability in negligence. In our scenario, the manager’s negligence caused the shopper to have the slip and fall accident that injured them.
If no one had fallen and gotten hurt, and then the manager remembered the puddle and had someone mop it up, the manager would still have been negligent, but would not have legal liability. This is often referred to as the “no harm, no foul” rule of liability.
Financial Losses: You Have Damages Stemming From Your Injury
Finally, we must show that because you slipped, fell, and suffered injuries, you have damages arising from the event. These damages can include medical bills and lost income. Your attorney can prove this element using injury-related receipts, bills, and invoices.
If we can establish all four of these factors with evidence, we can proceed with holding the liable party accountable.
For a free legal consultation, call (404) 888-8888
Slip and Fall Injury FAQs
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As noted, to prove that another party’s negligence led to your Atlanta slip and fall, your lawyer needs evidence. These types of information can include:
- Photos of the hazardous condition that led to your fall
- Witness statements
- Videos of the fall itself
- Receipts, bills, and invoices demonstrating your damages’ cost
- Accident or incident reports
- Your medical records
- Any history of code violations or hazards (if you were hurt on a commercial property)
Your own testimony also serves as invaluable evidence in your personal injury lawsuit. We encourage you to write down everything you remember about the incident. Even the smallest detail could make your case.
Recoverable Damages in an Atlanta Slip and Fall Injury Case
There is no universal amount of damages that a person can collect in an Atlanta slip and fall accident case. Every slip and fall case is different because everyone’s injuries and healing experiences are different.
Still, here are some of the common categories of monetary damages that people seek in personal injury claims in Atlanta:
- Medical treatment expenses.
- Future medical costs.
- Rehabilitation facility care.
- Lost income.
- Future lost income.
- Pain and suffering.
- Other non-economic damages.
If your loved one suffered fatal injuries in an Atlanta slip and fall accident, we could pursue financial compensation for their family by filing an Atlanta wrongful death action.
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The Statute of Limitations for an Atlanta Slip and Fall Accident Case
You should consider talking to an accident attorney right away so that you do not lose the right to seek fair compensation from the liable party. The law could forever prevent you from going after money damages after the filing deadline, also called the statute of limitations, expires.
The statute of limitations for an Atlanta slip and fall personal injury case is only two years, according to O.C.G.A. § 9-3-33. Wrongful death cases have the same two-year filing deadline in Georgia. Negotiations with the at-fault party do not satisfy this deadline. A personal injury lawyer can explain more.
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How an Atlanta Personal Injury Attorney Could Help with Your Injury Claim
Bader Scott Injury Lawyers could handle your slip and fall case. With our advocacy, all that you need to worry about is getting better. We handle the rest. Reach out to us today for a free initial consultation. Let’s explore your legal options together.
Call or text (404) 888-8888 or complete a Free Case Evaluation form