Falls are in the top three most common causes of injuries and deaths, according to the National Safety Council (NSC). Sometimes, loose floorboards on a property can cause a visitor to trip and fall. If you were injured in this way in Dunwoody, you must know your legal options.
Trips and falls can lead to severe or deadly injuries. Spinal cord injuries, lacerations, and concussions are just a few examples. But no matter the type of injury, a property owner or business might be responsible for the costs.
At John Foy & Associates, we help you pursue the financial recovery you deserve. Contact us today to learn your best options for compensation. Call (404) 400-4000 or contact us online for a free consultation.
Loose Flooring Can Cause Accidents
All property owners and occupiers have a legal duty under Georgia § Section 51-3-1. The property must be reasonably safe for those who legally come onto the land. If an owner or business is careless with maintenance, it can easily cause an accident.
The legal duty includes making sure all flooring is safe. Many types of flooring can become loose or uneven over time. If floorboards become loose, they pose a risk to all visitors.
Loose floorboards can happen because of:
- Warped flooring
- Old homes or buildings
- Poor installation
- Water damage
- Cracked or split wood flooring
- Poorly-sized thresholds
Property owners and businesses must ensure floorboards are not hazardous. That includes maintaining and fixing loose flooring. If the owner can’t immediately fix the floorboards, they should provide adequate lighting and warning signs.
If you tripped and fell on loose floorboards, the property owner or business could be liable. If so, you can file a personal injury claim to seek compensation to cover medical costs, lost wages, and more.
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Knowing Who’s Responsible
When a trip and fall happens on someone else’s property, a legal case is possible. Usually, someone either:
- Knew about the hazard that caused the fall and did nothing, or
- Did not know about the hazard when they should have known.
Employees of a business must regularly check for hazards too. In the case of loose floorboards, an owner or business should be aware of the issue. Loose floorboards rarely happen overnight.
In Georgia, the negligent party in an injury accident is responsible for the costs. Many times, the property owner is at fault for a trip and fall injury. Your injury claim will need to show how the owner or business was responsible for your fall.
Proving Fault After Your Trip and Fall
Your personal injury claim must prove that:
- The loose floorboards existed on the property
- You were legally allowed to be on the property
- Your injuries happened because of the loose floorboards
- You suffered damages because of the owner’s or business’s negligence.
You’ll also need to show that the owner or business knew or should have known about the loose floorboards but didn’t take action. If the floorboard became loose just before your fall, you might not have a valid case. But most of the time, loose floorboards happen over a longer period of time.
The victim in a trip and fall case has a duty of care too. You must have been careful enough to avoid reasonable hazards on the property. It’s important to know this because the property owner or business might use it against you.
What were you doing right before your trip and fall? Could you have prevented the accident by being careful? These are questions to ask yourself and go over with your attorney.
Many slip and fall victims are quick to blame themselves. But talk to a lawyer before making any assumptions about your own fault. The owner, business, or insurance company might make you feel to blame—even if you hold no fault.
How a Trip and Fall Lawyer Helps
Trip or slip and fall accident cases are complicated. There are several steps to building a strong case and proving what happened. That’s why it’s best to contact an experienced Dunwoody trip and fall lawyer.
Your lawyer can help you by:
- Investigating your accident
- Gathering evidence of what occurred
- Calculating all of your accident damages
- Dealing with the other side’s insurance company
- Negotiating for a fair settlement
- Fighting for your rights at each stage
To learn more about your options, call a trusted lawyer today. John Foy & Associates will get you started with a free consultation. Call (404) 400-4000 or contact us online today.
What to Do After a Trip and Fall from Loose Floorboards
Right after you fall, there are ways you can help your case. Here are some steps to take immediately:
- Take pictures of the loose floorboards that caused your trip and fall.
- Photograph any visible injuries and the entire accident scene.
- Tell the property owner or a manager about your fall.
- Do not admit any blame or discuss fault until you have a lawyer.
- Talk to anyone else who saw the loose floorboards or your fall. Ask for their contact information.
- See a doctor as soon as possible after you leave the scene.
Gather any evidence you can after the accident. When you contact a lawyer, they will use everything you compile to build your case.
In Georgia, you typically have two years from the accident date to file your claim. Evidence and memories can also fade quickly, so don’t wait to get started today.
Talk to a Dunwoody Trip and Fall Accident Lawyer for Free Today
Slip and fall cases take time to build. If you fell on a large business’s property, you could be in for a hard battle. But don’t give up or assume anything without speaking to a lawyer first. An experienced trip and fall lawyer will know what to do.
John Foy & Associates has been helping accident victims for over 20 years. We know what it takes to build a strong case, and we’re not afraid to fight for you. Plus, we don’t charge a fee unless we win your case.
Call (404) 400-4000 or contact us online to get a free consultation.