Property owners and businesses in Dunwoody must keep their spaces safe for visitors and customers. That often includes making sure the sidewalks are well-maintained. If a cracked, defective, or broken sidewalk caused you to trip and fall, you have rights.
You might be able to hold the owner or business responsible for your injuries. A personal injury claim seeks compensation for medical costs, lost income, and more. To learn your options, talk to a Dunwoody trip and fall lawyer.
Contact John Foy & Associates today to learn more. With over 20 years of experience, we know how to win cases. Call us at (404) 400-4000 or contact us online to get a free, no-risk consultation.
Knowing Who’s Responsible for a Sidewalk-Related Trip and Fall
It’s easy to overlook maintenance outside of a building. But visitors use sidewalks daily, and just one issue can cause a severe injury accident. Trips from cracked or defective sidewalks are fairly common outside of properties.
If a sidewalk isn’t maintained, it only worsens with time. Depending on the situation, a visitor or customer might not realize the hazard. For example, visitors might come to the property at night and trip on a broken sidewalk.
If a broken sidewalk caused your injuries, you need to know who is legally liable. It typically comes down to who is responsible for sidewalk upkeep. The at-fault party is usually one of the following.
Private Property Owners
Property owners must protect those who legally come onto their property. That includes being aware of any hazards and keeping up with repairs. If they own the property that has a defective sidewalk, the property owner could be responsible for a trip and fall there.
The owners of an apartment complex could also be liable for a trip and fall. For example, say that a guest trips and falls on a cracked sidewalk at the complex. If the fall happens due to a lack of repairs or maintenance, the owner or a manager could be liable.
Businesses Renting the Property
Many businesses rent out a property to run their business. Even if they don’t own the property, they can still be liable as an occupier under Georgia Code § 51-3-1. An occupier is still responsible for keeping the premises safe.
Government Agencies Maintaining the Sidewalk
City or county governments could be responsible for maintaining sidewalks, even outside of a business. However, bringing a case against the government is complex.
The law protects government agencies from legal cases in some situations. You also have less time to take action if you bring a lawsuit against the government. Talk to an experienced lawyer about your options before it’s too late.
You’ll need to investigate the details of your accident and who is responsible. But thankfully, you don’t have to do it alone. To get help from a Dunwoody trip and fall lawyer, call John Foy & Associates at (404) 400-4000 for a free consultation.
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Damages to Recover After Your Fall
If you were not at fault for your fall, you can file a claim for damages. Your “damages” are the losses from your accident like:
- Medical treatment costs
- Prescription medications
- Lost wages
- Lost earning capacity
- Personal property damage
- Future medical costs
- Pain and suffering
You can bring a case against the at-fault party to recover your damages. Your lawyer will either fight for a fair insurance settlement or bring a case in court. If the insurance company refuses to settle, you might need to sue for what you’re owed.
Georgia Slip and Fall Laws
All property owners and occupiers must exercise “reasonable care” for some who come onto their property. This Georgia law applies to “invitees,” which include guests and customers. You likely fall under this category if you were legally invited onto the property.
Owners and occupiers must keep the premises safe. That includes actions like:
- Maintaining buildings and other structures
- Safe construction of buildings
- Keeping outside sidewalks in good states
- Maintaining landscaping and lawns in safe conditions
- Proving proper security for the property
- Having a plan for fire protection
If an owner or business doesn’t uphold their duty, they can be liable for any injuries. This could be the case if a cracked, defective, or broken sidewalk caused your trip and fall. As the victim, you have the right to claim financial recovery.
Risk-Free Legal Representation
Trip and fall cases have a lot of moving parts. The proper action also varies a lot by case. Instead of trying to handle everything alone, contact an experienced lawyer who can help.
A slip and fall lawyer will know how to hold the responsible parties liable for your injuries. They will help you build a strong case to recover your full damages.
If you have a valid case, your lawyer will be there to:
- Investigate the trip and fall accident
- Gather evidence of the at-fault party’s carelessness
- Build a personal injury case to show negligence
- Help you file an insurance claim or lawsuit against the at-fault party
- Negotiate and fight for the settlement you deserve
John Foy & Associates always work on a contingency basis. That means you don’t owe us a thing unless we win your case. There are no upfront fees or out-of-pocket costs to stress about.
Statute of Limitations for Trip and Fall Cases
The statute of limitations for injury cases in Georgia is usually two years, according to Georgia Code § 9-3-33. That means you have two years from your injury date to bring a claim. If you’re bringing a case against a government agency, you could have as little as six months.
It’s best to get started immediately to stay within the deadline. Contact a lawyer who can look at the facts and determine your timeline. Then, you’ll know what to expect and how long you have to file.
Talk to a Dunwoody Trip and Fall Accident Lawyer for Free Today
Trip and fall injuries can be painful and overwhelming. You probably feel frustrated that you have to deal with the aftermath. But thankfully, you don’t have to handle it alone.
John Foy & Associates can help. With 20-plus years of experience, we know how to build strong cases. We also will not charge you a fee unless we win your case.
Contact us today for a free, no-risk consultation. Call (404) 400-4000 or contact us online. We’re available 24/7 to help you.
404-400-4000 or complete a Free Case Evaluation form
