A trip and fall on Johns Creek property can lead to serious and devastating injuries. A simple fall can leave victims with lifelong pain or disabilities. Unfortunately, the property owner or insurance company often blames the victim for their injuries. Protect your rights after a trip and fall on hazards like cluttered walking spaces.
Talk to a Johns Creek trip and fall accident lawyer today. Our lawyers at John Foy & Associates know what to do. We have been winning slip and fall accident claims for over 20 years. Let us give you a free, no-risk consultation today. We don’t collect a fee unless we win your case.
Call us at (404) 400-4000 or contact us online for a free consultation.
What to Know About Cluttered Walking Space Accidents
Personal injury laws in Georgia are clear. If someone’s negligence leads to an injury, that person is responsible for the damages. Under the Official Code of Georgia Annotated (OCGA) §51-12-4, the injured person can recover compensation for their losses.
The above law applies to property owners and businesses, too. All companies have a duty of care under OCGA §51-3-1:
- Owners and occupiers must be careful to keep their “premises and approaches” safe.
- If an unsafe condition leads to an injury accident, the owner or occupier is liable for the damages.
This applies to people who come onto the property legally, such as visitors or customers. The liable party could also be the property owner or the business that rents the property.
Cluttered walking areas are an example of a hazardous condition. If an owner or business leaves clutter on the floors, it’s a type of negligence. (Negligence is a legal term for carelessness.)
If cluttered walking spaces caused you to trip and fall, the business is probably liable for your costs like:
- Medical bills
- Lost wages
- Pain and suffering
The property owner or their insurance company will look for ways to reduce what they pay you. Thankfully, you can protect yourself by working with an experienced lawyer.
Get the strong arm
The Challenges of Trip and Fall Claims
You can usually seek compensation from the owner or business through an injury claim. However, getting the recovery you deserve isn’t easy. There are a few reasons for this:
- The owner or business might try to blame you for the accident, even if you were not at fault.
- Insurance companies will look for ways to pay you as little as possible.
- Most injury victims have never had to deal with an injury claim before. They won’t know their full legal rights, which can make them vulnerable.
Trip and fall accidents usually happen because of a hazard. If a cluttered walking space led to your accident, you’ll need to prove that in your claim. Your claim should also show how the owner or business was negligent in your fall.
Thankfully, most injury claims end with an insurance settlement. But some insurance companies will refuse to settle. If that happens, you might need to think about filing a lawsuit.
Making Sure the Settlement Offer Is Fair
The insurance company might offer you money upfront after your accident. Be careful. If you’re facing medical bills, missed work time, and other losses, fast cash will seem tempting. But the first settlement offer will be a lowball.
You will probably need to negotiate for the compensation you deserve. Also, you’ll want to understand the full range of your damages. You cannot know how a fair settlement looks without understanding your total losses.
You can calculate your damages accurately and build a strong claim by:
- Seeing a doctor for your injuries as soon as possible
- Taking pictures and video of the accident scene
- Getting the names and contact information of any witnesses to your fall
- Saving all medical bills and other evidence of your damages
Also, consult with an experienced trip and fall accident lawyer. Your lawyer can account for all damages and ensure you have strong evidence. Remember, the business will likely try to blame you for what’s happened. You’ll need to be prepared with strong legal support.
Learn about how a cluttered walking spaces lawyer can help by contacting John Foy & Associates. The consultation is free, and there’s no fee unless we win for you. Call (404) 400-4000 or contact us online.
Determining Fault for a Trip and Fall Accident
A trip and fall often happens because someone has been careless. The property owner or business might have failed to:
- Regularly check for potential hazards
- Know about a hazard within a reasonable amount of time
- Clean up, fix, or block off a hazard within a reasonable amount of time
Property owners also have a duty to warn customers about unsafe conditions. For example, mopping the floors is a regular part of upkeep. If an employee is mopping, they must put out a “wet floor” sign to warn customers. Without the warning sign, someone could slip and fall without knowing there is a danger.
If you tripped and fell, the negligent party could be:
- The property owner of a building where you fell
- The business or manager owner if an employee caused the cluttered walking space
- A government entity if the trip and fall happened on public property
- A private company if the accident occurred at a venue
- A landlord if the fall occurred at an apartment building
Every injury claim is different. You will need to know who was responsible for your fall and your injuries. If you’re not sure who’s at fault, contact an experienced lawyer who can investigate.
Talk to a Johns Creek Cluttered Walking Spaces Accident Lawyer
Cluttered walking spaces can cause someone to trip at any time. If you or a loved one were injured, don’t wait to take action. You typically have two years or less to bring a legal claim.
At John Foy & Associates, we can help you get started today. Our lawyers have been helping accident victims for over 20 years. We’re not afraid to stand up to the insurance companies and take your case as far as necessary.
Talk to a lawyer about your options during a free, no-risk consultation. You don’t owe anything at all unless we win you money. Call (404) 400-4000 or contact us online today.
(404) 400-4000 or complete a Free Case Evaluation form
