A fall from any height can cause severe injury, sometimes even to the point that it results in lifelong disability. Unfortunately, not every property owner takes appropriate care of their land to minimize the risk of accidents, even when they are legally required to do so and keep visitors safe from harm.
Pursuing civil litigation with support from a seasoned attorney can be crucial to protecting your best interests. No matter how your accident happened or what injuries you sustained, working with a Kennesaw slip and fall lawyer could make a huge difference in the outcome of your claim.
In Georgia, property owners are not automatically liable for all injuries on their property, nor do they owe the same legal duty to every person who visits. Broadly speaking, landowners are only liable for slipping or tripping accidents if the injured person was visiting for the landowner’s financial benefit. However, there are exceptions that a Kennesaw slip and fall attorney could further explain.
Additionally, the landowner must have directly caused the accident by failing to exercise “ordinary care” in maintaining their property. This generally means either failing to warn a visitor of a known dangerous condition or not regularly inspecting the property for unknown hazardous conditions. However, property owners are usually not liable for injuries caused by hazards they could not have reasonably known about before the incident.
For example, a store owner might be civilly liable for injuries a customer suffered by slipping on standing water if it was not marked by a “Wet Floor” sign and had been there for an unreasonably long period of time without being addressed. Conversely, if the spill had happened seconds before the injured customer slipped on it, the owner would likely not bear civil liability for it.
Another complicating factor in many slip and fall claims is that property owners often try to accuse injured parties of being partially or primarily responsible for their own injuries. They may argue that the victim was not paying attention or that they were wearing inappropriate footwear. If a court agrees with this argument, it may assign a percentage of total blame for the incident to the injured person. This would proportionately reduce the available compensation in accordance with Official Code of Georgia §51-12-33.
Furthermore, under O.C.G.A. §55-11-7, any injured person found equally or more to blame than all named defendants combined is ineligible to recover any compensation whatsoever. Representation from a seasoned Kennesaw lawyer can be vital to contest allegations of partial fault in trip and fall claims.
Slipping or tripping and falling can result in injuries that impact every part of your life and cause immense financial burdens. Recovering comprehensively for your losses is possible through effective civil litigation, but you may have trouble getting a positive case result without guidance from experienced legal counsel.
A knowledgeable Kennesaw slip and fall lawyer could be an irreplaceable ally throughout every stage of your lawsuit or settlement demand. Call the Gunn Law Group today to discuss your situation with a seasoned member of our team.