How many times have you been walking along, minding your own business, when all of a sudden you feel gravity shift and catch yourself in the nick of time. You just avoided a slip and fall accident. You shake yourself off, hope no one saw anything, and continue on your way. You don’t give it a second thought. Unfortunately, not everyone catches themselves before they tumble, and when they come crashing down onto the ground, their injuries can be serious, and believe it or not, even life-threatening.
Slip and fall accidents happen every day in every possible location. While it may seem like an innocent accident, that’s not always the case. Many slip and fall accidents result from negligent property owners failing to maintain safe conditions or neglecting to remedy hazardous situations they know could cause harm.
If you or a loved one has suffered serious injuries in a slip and fall accident, it’s time to contact Jonathan R. Brockman, P.C. for legal advice. Our slip and fall attorneys in Carrollton will work hard to pursue the compensation you deserve from negligent property owners or other liable parties responsible for causing your accident.
Don’t get stuck picking up the tab for medical bills you didn’t plan for or suffer the strain of lost wages. Talk to an experienced Carrollton slip and fall lawyer with Jonathan R. Brockman, P.C. by calling 770-205-8887 and scheduling a free case evaluation.
How Common Are Slip and Fall Accidents?
Exactly how common are slip and fall accidents? The National Floor Safety Institute finds that slip and fall accidents are actually one of the leading causes of emergency room visits in the United States. In addition, slip and fall accidents are also the leading cause of workers’ compensation claims.
The statistics only grow more alarming the older you get. According to the CDC, over 14 million (1 in 4) adults aged 65 and older fall each year, resulting in approximately 3 million ER visits, about 1 million hospitalizations, and over 38,000 deaths annually (based on 2021 data; more recent figures are higher).
A “slip and fall accident” is a phrase that simply describes an accident where an individual slips or trips and falls to the ground on another person’s property. These types of accidents can happen anywhere, at a store, an apartment complex, the sidewalk, in an office or workplace, even on someone’s private property.
Common Causes of Slip and Fall Accidents
There are several contributing factors that can lead to slip and fall accidents. Understanding these hazards can help establish liability in a premises liability claim. Some of the most common causes of slip and fall accidents include:
- Uneven flooring
- Cracks in flooring
- Uneven pavement or sidewalks
- Ripped carpeting
- Loose carpeting or rugs
- Unmarked stairs
- Stairs without handrails
- Workplace hazards
- Tripping hazards such as loose wires, cords or hoses
- Inadequate lighting
- Ice or poor weather conditions
- Wet flooring or spills
What Does Premises Liability Mean?
When talking about slip and fall accidents in the context of a lawsuit, the case is typically referred to as a premises liability claim. When a victim is injured in a slip and fall accident and wants to pursue legal means of recovering compensation, their case hinges on proving that a property owner has been negligent with regard to maintaining their property. This negligence then caused the victim to suffer an injury on the property.
In a premises liability case, it is not enough to have fallen and hurt yourself on someone else’s property. You must establish the fact that the property itself was unsafe and that the owner knew or should have reasonably known that there was an issue with unsafe conditions. You must also show that the property owner failed to take reasonable steps or precautions to correct the safety hazard on their property.
Establishing Negligence in Slip and Fall Cases
Working with experienced premises liability attorneys can make a significant difference in building a strong case. Your slip and fall accident lawyer will investigate the circumstances surrounding your accident, gather evidence of the hazardous condition, and demonstrate that the property owner had notice of the danger but failed to act. This may include obtaining maintenance records, incident reports, surveillance footage, and witness testimony to support your claim.
Typical Injuries in Slip and Fall Accidents
Slip and fall accidents happen everywhere, at work, in nursing homes, at the store, in apartment complexes, the list goes on and on. While internet videos make light of slip and falls, treating them as a punch line to a joke, slip and fall accidents are no laughing matter. That’s because they can cause very serious injuries and cost businesses billions of dollars every year.
A business insider publication highlights the fact that an average worker involved in a slip and fall accident will miss an average of 38 days of work. That can cost millions in lost productivity alone. What businesses lose in productivity, victims can lose in wages from missed work and the high cost of medical bills.
Some of the most common types of injuries that can result from a slip and fall accident include:
- Traumatic brain injury
- Concussion
- Broken bones, especially arms, wrists, legs, and hips
- Dislocations
- Joint and knee injuries
- Sprains and strains
- Cuts, bruises, and “road rash”
- Spinal cord injuries
- Soft tissue damage
The medical bills for these types of injuries can quickly skyrocket. Factor in pharmacy costs, follow-up doctors’ visits, surgery, physical therapy, rehabilitation, and time away from work, and you have a recipe for stress and anxiety. How will you afford to pay your normal bills, let alone the mounting medical bills?
Before you make any big decisions, contact a slip and fall injury lawyer to review your case and explain your legal options. Too often, victims will feel overwhelmed by their situation and sign away their legal rights for an offer or settlement that only covers a fraction of their medical bills and doesn’t begin to cover lost wages. You deserve more. Jonathan R. Brockman, P.C. can help you sort through your options and protect your rights in the process.
Slip and Fall Cases in the State of Georgia
Premises liability cases can be expensive for property owners. That is why, in many circumstances, the property owner may try to place the blame on the victim and divert away from their own negligence. Why does that matter? It is because Georgia is considered a “modified comparative fault state” when it comes to slip and fall accidents and premises liability. A “modified comparative fault” model means that the amount of damages you are able to recover is decreased according to the percentage of your fault for causing the accident.
For example, if a jury finds that you were 30 percent to blame for a slip and fall accident because you weren’t paying attention to where you were walking, the amount of money you are able to recover will be reduced by that 30 percent. The negligent property owner who failed to make necessary repairs is still 70 percent responsible for the accident and will be on the hook for that 70 percent.
If your share of the blame for a slip and fall accident is 50 percent or more, you can be barred from recovering any type of compensation from the property owner or even other parties involved in the accident. Therefore, property owners try to place as much blame on the victim as possible. It means they don’t have to pay as much in the end.
That is why it is imperative for victims of slip and fall accidents to seek legal aid as quickly as possible. An experienced slip and fall accident attorney will be able to go after crucial evidence that can strengthen your case, such as witness statements, surveillance video, medical documentation, and other much-needed evidence.
Common Defenses Property Owners Use
Property owners and their insurance companies often employ specific defense strategies to minimize or deny liability in slip and fall cases. Understanding these common defenses can help you and your premises liability claim lawyer prepare a stronger case.
Typical defenses include arguing that the hazard was “open and obvious,” claiming the property owner had no actual or constructive notice of the dangerous condition, or asserting that the victim was comparatively negligent. Insurance adjusters may also argue that your injuries were pre-existing or not as severe as claimed. Attorneys for slip and fall cases know how to counter these defenses with solid evidence and expert testimony.
Statute of Limitations on Slip and Fall Claims
Another reason that it is important to seek legal help after suffering an injury in a slip and fall accident is due to Georgia Code 9-3-33. This code sets the statute of limitations for filing a suit in a slip and fall case at two years from the date of the accident. That means that while you are trying to recover and figure out how to pay for your medical bills, the clock has already begun working against you.
Waiting too long to pursue legal action means that your case can be dismissed and leave you with no legal options to recover damages and compensation for your injuries. Even if you are confident that a property owner will settle and doesn’t want to enter a courtroom, you still need to give yourself time to negotiate. Settlement talks can take time, and if you’ve waited too long and then the property owner refuses to settle, again, you may be missing your opportunity to have a court hear your case.
What to Do After a Slip and Fall Accident
Taking the right steps immediately after a slip and fall accident can significantly strengthen your potential claim. If you are physically able, document the scene by taking photographs of the hazard that caused your fall, the surrounding area, and any visible injuries. Obtain contact information from any witnesses who saw the accident occur.
Report the incident to the property owner or manager and request that they create an official incident report. Seek medical attention promptly, even if your injuries seem minor, as some conditions may worsen over time. Keep all medical records, bills, and documentation related to your treatment. Finally, contact slip and fall attorneys in Georgia before speaking with insurance adjusters or signing any documents.
Contact an Experienced Slip and Fall Attorney Today
If you or a loved one has been injured in a slip and fall accident, you probably have a lot of questions. Turn to Jonathan R. Brockman, P.C. for honest and upfront answers. A property owner and their insurance company want to make settling a slip and fall claim as quick and as painless as possible, painless for their pocketbook that is. That isn’t going to help you recover or pay for all of your medical expenses. That’s why you need to talk to an experienced injury lawyer who can help you navigate the legal process and explain all of your options.
Contact our Carrollton premises liability attorneys at 770-205-8887 for a free case evaluation. If you’ve suffered injuries as a result of a slip and fall accident and a negligent property owner is to blame, you deserve to pursue fair compensation.