Slip and Fall Accidents in Georgia: What You Have to Prove to Win
Did you recently slip and fall on someone elseโs property in Georgia? If so, you should know that not every fall gives you the right to sue. In Georgia, slip and fall claims can arise when property owners fail to keep their land safe. If a property owner fails to address a hazard that they knew or should have known about on their property, and someone gets hurt, they could be legally responsible. However, you must prove certain elements to hold a Georgia property owner liable in a slip and fall case.
The Four Legal Elements You Must Prove in a Georgia Slip and Fall Case
You must prove each of the four following elements to win a slip and fall case in Georgia:
- Duty: The property owner had a legal duty to keep the property safe for visitors like you.
- Breach: The owner didnโt take the steps required to meet that duty.
- Causation: The ownerโs actions or failure to act directly contributed to your fall injury.
- Damages: You suffered actual harmโphysical or financialโas a result of the fall.
Duty of Care and Why Your Legal Status Matters
In Georgia, the duty of care a property owner owes to you depends on your status as a visitor. Your visitor status usually boils down to why you were on the property:
- Invitee: Youโre an invitee if the owner allows you on the property for business reasons, like shopping at a store. Owners owe invitees the highest duty of care, which involves inspecting their properties regularly and fixing or giving clear warnings about known hazards.
- Licensee: Youโre a licensee if you enter a property with permission but for your own reasons, not the ownerโs benefit. An example is visiting a friendโs home. For licensees, owners must provide warnings about known hazards but donโt have to inspect their properties for these risks.
- Trespasser: Youโre a trespasser if you enter a property without permission or stay after being told to leave. Owners donโt owe you much if you trespass on their land, but they also canโt cause you harm on purpose.
What you must prove in a slip and fall claim depends on what kind of visitor you were when the fall happened. You must demonstrate that the property owner failed to uphold their duty of care based on your visitor status to win a slip and fall case.
How a Georgia Slip and Fall Attorney Can Help
An experienced slip and fall attorney understands how Georgia law treats different kinds of visitors and knows how to build a strong case accordingly. They can gather evidence like photos, videos, witness statements, and store records. They can also bring in experts who can determine how long a given hazard was there. If the property owner tries to pin the blame on you, your lawyer can push back with clear proof and solid facts. Most importantly, theyโll work tirelessly to demand fair compensation for the harm you have suffered.
Contact a Fall Accident Lawyer in Georgia
If you slipped or tripped and got hurt on someone elseโs property in Georgia, you might have a legal claim. A personal injury lawyer with Kaufman Injury Law can review what happened and help you determine whether the property owner might be liable. Contact us now for a free case review to learn more about how we can help.
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