What Makes Slip and Fall Cases Different
Slip and fall cases are among the most contested in personal injury law. Why? Because the property owner’s defense is simple: “We didn’t know about the hazard.” Your case depends on proving they did — or that they should have.
The Three Things You Must Prove in Georgia
1. The Property Owner Had a Duty of Care Under O.C.G.A. § 51-3-1, property owners owe a duty of “ordinary care” to keep their premises safe for invitees (customers, tenants, guests). This includes inspecting for hazards and fixing them promptly.
2. The Property Owner Knew (or Should Have Known) About the Hazard This is the crux of every slip and fall case. Two types of knowledge:
- Actual knowledge: The owner was told about the hazard and did nothing (e.g., tenant reported broken stairs months ago)
- Constructive knowledge: The hazard existed long enough that a reasonable inspection would have discovered it (e.g., a spill on a grocery store floor for 30+ minutes with no cleanup)
3. The Hazard Caused Your Injuries You must show a direct connection between the hazardous condition and your injuries.
Why Evidence Disappears Fast
- Surveillance footage is overwritten every 14-30 days — and property owners have no obligation to preserve it unless you make a legal demand
- The hazard gets fixed immediately after the incident — removing the physical evidence
- Incident reports are internal documents that property owners may alter or “lose”
- Witnesses forget details within days
This is why you need to act fast. Calling an attorney within 24-48 hours of a slip and fall gives us the best chance of preserving surveillance footage and documenting the hazardous condition.
Common Slip and Fall Locations in Atlanta
- Grocery stores (Kroger, Publix, Walmart) — wet floors, spills, broken floor tiles
- Apartment complexes — broken stairs, poor lighting, icy walkways, uneven surfaces
- Restaurants and bars — grease, spilled drinks, uneven flooring
- Shopping malls and retail stores (Lenox Square, Perimeter Mall) — merchandise in aisles, wet floors
- Parking lots and garages — potholes, poor lighting, crumbling surfaces
- Office buildings — wet lobby floors, torn carpet, broken handrails
Georgia’s Comparative Fault in Slip and Fall Cases
Georgia’s modified comparative fault (O.C.G.A. § 51-12-33) applies. Insurance companies aggressively argue that the victim “should have been watching where they were going.” If they can attribute 50% or more fault to you, they pay nothing. We fight these arguments with evidence — surveillance footage, maintenance records, and prior complaints that prove the owner was negligent, not you.
