A trip and fall accident can happen anywhere, including in Johns Creek parking lots. Potholes that cause folks to trip and fall can come out of nowhere. Most of the time, this happens because of someone else’s negligence.
If your trip and fall accident happened because of a parking lot pothole, you have rights. The property owner or landowner might be responsible for your damages. Our Johns Creek trip and fall lawyers can help you seek compensation for what you’ve suffered.
Georgia property owners must ensure they have safe premises. If that doesn’t happen, it can cause an injury. At John Foy & Associates, we can help if you were hurt in this way.
Call us at (404) 400-4000 or contact us online to talk details during a free consultation.
What to Do After Your Trip and Fall Pothole Accident
What you do after your accident is crucial. You will need to:
- Protect your legal rights
- Document the scene
- Save proof of your accident damages
If you were not at fault, you likely have an insurance claim or lawsuit. But you have to back up your case with evidence. Here are some steps to protect your legal rights.
Document Where You Fell
A trip and fall in a parking lot happens when you least expect it. Many people fall at night when it’s harder to see a pothole or another hazard. After the accident, record where you fell by:
- Checking out the area that caused you to trip
- Taking pictures and video of the pothole hazard
- Photographing any visible injuries and the entire accident scene
A property owner or landowner might clean up the scene after your fall. But picture evidence will preserve the area forever. Pictures can be really helpful for your claim.
Talk to Witnesses
Was anyone else around when you fell? Did they see the pothole before or after your accident? If there were any witnesses, talk to them about what they saw.
Ask for the witnesses’ names and contact information. Your lawyer will contact them soon after for statements. Witnesses can also help back up your case if the property owner or landowner tries to deny your claim.
Get Medical Attention
Trip and fall accident injuries can take time to show up. For example, you might not feel much pain until hours or days later. But don’t wait to see a doctor. Have a medical professional check you for any injuries as soon as possible.
Seeing a doctor helps your claim. It shows that you took immediate steps to treat your injuries. If you wait to do this, it will hurt your case. The insurance company will probably try to use it against you.
Keep a Clear Head
A trip and fall accident is stressful for anyone. No one enters a parking lot thinking they’ll trip and fall that day. Although you’re dealing with a lot, take some deep breaths, and stay calm. You will need to document what you can from the accident and your injuries.
Be careful about what you say. Do not admit any fault or say you were being clumsy. If you downplay your situation, the landowner or insurance company can use it against you. Also, do not accept any insurance settlement without talking to a lawyer first.
Get the strong arm
Who Is Liable in a Trip and Fall Case
If you were injured from tripping on a pothole, you have rights. You’ll need to determine who was liable for the accident. Most of the time, a property owner or landowner is at fault.
Property owners in Georgia must maintain safe premises, according to the Official Code of Georgia Annotated (OCGA) §51-3-1. If an owner doesn’t do that and it leads to an injury, the owner is liable. This also applies to people who own land, such as a parking lot.
A property owner or landowner is probably liable if they:
- Caused a dangerous condition
- Didn’t know about a hazardous condition but should have
- Failed to fix or clean up a dangerous condition within a reasonable time
Victims also have a duty of care. For example, if someone sees a pothole in a parking lot, they can probably reasonably avoid the hazard and an accident. But if you fell without warning, you did not have a way to avoid the danger.
The owner might try to say that you should have been more careful. Be prepared to show that you could not have avoided the pothole even by being careful. An experienced trip and fall accident lawyer can help you prove this.
After your accident, don’t wait to get the legal help you deserve. Contact our lawyers at John Foy & Associates. We have over 20 years of experience, and we don’t charge a thing unless we win your case. Call us at (404) 400-4000 or contact us online for a free consultation.
Common Injuries from Tripping and Falling in a Pothole
A trip and fall accident can have huge consequences for the victim. When someone falls, there’s little time to respond and catch themselves. The victim might fall onto other objects that cause serious injuries. The way the person falls can also cause severe damage.
A trip and fall injury can lead to costly medical bills and missed work time. Some injuries take a long time to heal—or never heal completely. That’s why it’s so important to document your injuries and treatment needs.
Common injuries from a trip and fall include:
- Head and brain injuries
- Broken bones
- Neck and back injuries
- Shoulder injuries
- Spinal cord injuries
- Cuts or lacerations
- Severe bruising
Talk to a lawyer about how the accident has injured you. Your lawyer can help you document your injuries and other damages from the beginning.
Talk to a Pothole Trip and Fall Accident Lawyer
If a pothole in a parking lot caused your injuries, call John Foy & Associates. You don’t have to handle your case alone. We can take on the legal details while you focus on healing.
Our lawyers do not collect a fee unless we win your case. To get started with a free consultation, call (404) 400-4000 or contact us online.
(404) 400-4000 or complete a Free Case Evaluation form
