Cold snaps in December can turn Georgia’s walkways and lots into slick hazards overnight. You head out before sunrise, step onto what looks like damp pavement, and—boom—black ice puts you on the ground. These incidents can cause concussions, herniated discs, shoulder and wrist fractures, and weeks of lost work. Here’s how Georgia law treats winter slip cases and what to do in the first 24–48 hours to protect your health and your claim.
Why winter slips spike—even here
Freeze-thaw cycles and overnight refreezing make black ice common on shaded surfaces, sloped drive lanes, and near downspouts. Apartment steps, store entrances, gas-station forecourts, and parking-deck ramps are frequent trouble spots, especially before staff has inspected or salted for the morning rush.
Georgia law in plain English
Property owners and managers owe invitees—customers, tenants, and guests—a duty to use ordinary care to keep premises and approaches reasonably safe. That’s the core of Georgia premises liability.
Slip cases turn on superior knowledge: did the owner know (or should they have known) about the hazard, and did you lack equal knowledge despite reasonable care? Georgia’s leading case, Robinson v. Kroger, sets that two-part test and rejects automatic “you should’ve watched your step” defenses.
Who may be responsible
- Stores and commercial lots for failing to inspect at reasonable intervals, neglecting known freeze points (like downspouts or ramp bottoms), or skipping timely salting and warnings.
- Apartment owners/HOAs for unsafe common areas—stairs, sidewalks, and approaches that weren’t treated, lit, or flagged.
- Snow/ice contractors when a service agreement exists and the work was done negligently or not at all. If your fall happened on city or county property, special notice rules apply (short “ante litem” deadlines), so contact counsel quickly.
What to do right away (health first, proof second)
- Get medical care the same day. Early records link the injury to the fall and catch concussions and spine injuries that often show up later.
- Photograph the scene before it changes. Take wide shots showing where you walked, light conditions, and any “freeze pattern” near downspouts or shaded areas; then close-ups of ice texture, shoe prints, and lack of salt or warning signs.
- Check for cameras and witnesses. Note doorbell, exterior, or deck cameras; ask businesses to preserve video. Get names/numbers for anyone who saw the fall or the untreated area.
- Report it in writing. For a store, ask for an incident report; for apartments/HOAs, email management immediately. Request that inspection logs and video be preserved.
- Preserve shoes and clothing. Do not wash them; treads and residues can matter.
- Limit statements and social posts. Give facts only; avoid recorded statements until you’ve spoken with a lawyer.
- Follow treatment plans and keep a log. Consistent care and simple notes on pain, limits, and missed work increase claim value.
Common defenses—and how we counter them
Owners may argue the ice was “open and obvious,” or that you should have chosen a different route. Under Robinson, the question is whether the owner had superior knowledge and whether conditions within the owner’s control (lighting, routing, inspections, warnings) prevented you from avoiding the hazard with ordinary care. We secure inspection schedules, weather data, opening-shift routines, and prior complaints to show what the owner knew—or should have known.
Deadlines you should know
Most Georgia injury claims must be filed within two years of the incident, but practical deadlines arrive much sooner—video is often overwritten within days, and municipal claims require fast written notice.
Injuries and compensation
Winter falls frequently cause whiplash and herniated discs, concussions (headaches, brain fog, light sensitivity), shoulder and knee injuries, wrist/hand fractures, and lasting anxiety on stairs or ramps. A Georgia claim can pursue ER and follow-up care, imaging and therapy, future treatment, lost wages or reduced earning capacity, pain and suffering, and damaged items (glasses, phones). If multiple parties share fault (owner, manager, contractor), we pursue each policy to avoid being limited by one minimal coverage.
Mistakes that quietly reduce value
Leaving without photos or a report, gaps in treatment, tossing the shoes you wore, recorded statements too early, and “I’m fine” posts on social media.
Prevention tips that also strengthen claims
Choose treaded footwear on freeze days; use handrails; avoid dark shortcuts; and report untreated ice to management—then snap a quick photo. If you manage property, pre-treat known freeze zones, post warnings before dawn, document inspections, and fix downspout discharge that re-freezes on walk paths.
How Gunn Law Group proves winter slip cases
We move fast to lock down video, inspection logs, weather snapshots, and lighting measurements; interview witnesses and staff; and, where needed, bring in human-factors and premises-safety experts. Then we coordinate with your providers to document the full medical picture and negotiate from evidence—not guesses.
If black ice turned a quick errand into a long recovery, don’t go it alone. Need a home run? Call the Big Gunn at 888-BIG-GUNN or visit thegunnlawgroup.com for a free case review.
