You may be surprised to learn just how many slip and fall accidents happen in Calhoun, GA. Everyone has slipped or tripped and fallen at some point in their life, but only a few of those incidents lead to a potential legal claim. When you trip over your own feet, a lawsuit likely isn’t an option. But, when you trip over debris, slip on a wet floor, or fall because of another hazard, you may want to speak with a Calhoun slip and fall lawyer to learn more about your potential legal options. In those situations, you might be able to recover money for your medical expenses, pain and suffering, and more.
When you need experienced legal counsel to evaluate your slip and fall claim and help you navigate the complex legal system in Georgia, John Foy & Associates is here for you. Our team has been representing clients just like you for over 20 years. We have the experience and know-how you need to investigate the facts, gather information, and present your case to an insurance company, judge, or jury. Let us give you a free consultation. Call us at 404-400-4000 and get your free consultation today
What Are the Basic Things I Need to Prove to Get Money Damages in a Slip And Fall Case in Georgia?
Slip and fall claims are based on the concept of premises liability. The underlying assumption is that a property owner needs to keep their property reasonably safe for anyone that goes on it. If they don’t, and someone gets hurt, then they will carry the legal responsibility.
Generally, you, as a slip and fall victim, must show at least one of the following facts to prove your case:
- The property owner, manager, or other employee caused the unsafe condition.
- The property owner, employee, etc. knew about the unsafe condition and did nothing (or almost nothing) to fix it.
- The property owner didn’t know about the condition, but if they had acted reasonably in maintaining the property, they would have known about it.
Consider an example. Imagine that someone spills pickle juice in the grocery store in Calhoun. Someone notified an employee, but the worker doesn’t do anything to clean it up or warn shoppers about the condition right away. The worker continues stocking shelves and decides to address the situation once he has finished that task. In the meantime, you walk down the aisle, and you are searching the shelves for a specific type of salad dressing near the spilled pickle juice. You don’t see it on the ground because of the coloring of the floor, step in it, and slip. You fall and hit the back of your head on the ground.
In that situation, the grocery store may be liable for your injuries because an employee knew about the condition and did nothing to address it right away. If the employee had gotten up and taken steps to clean it up or even put up a warning sign, you may not have fallen.
Slip and fall claims often take place in commercial establishments. Employees need to address potential hazards immediately, and sometimes that just isn’t done.
How Do I Know if I Have Enough Damages to Start a Slip and Fall Case?
There really is no “minimum” amount of injuries or losses that are required to start a lawsuit. The fact is, if you have losses or damage that were caused by someone else, you likely have a legal claim.
Many people make the mistake of thinking that they aren’t hurt that badly, so they don’t want to sue anyone. It takes time to fully understand the impact that an accident like this will have on your future. It may trigger the need for additional medical care, changing your working life, and it may even have an effect on your family. You don’t want to wait too long to investigate your options because there are deadlines that apply to slip and fall cases in Georgia.
The attorneys at John Foy & Associates will usually work on a contingency fee basis. That means that we don’t get paid unless you do. That helps slip and fall victims because they can assert a slip and fall case that has minimum damages with no upfront costs. This type of fee structure allows access to the courts for more personal injury victims.
What Is the “Open and Obvious” Defense to a Slip and Fall Claim?
In Georgia, many slip and fall defendants will assert what is commonly known as the “open and obvious” defense. It also sometimes overlaps with the “distraction doctrine.” This argument basically states that if you were looking where you were going, you would have seen the hazard that ultimately caused your fall.
In a slip and fall case, you have to show that the property owner or manager had more knowledge than you did about a particular hazard. That means that you have to explain what information the property owner had and compare that to what you knew about the property, as well. If a condition has warning signs around it that you observed, for example, then the condition is likely considered “open and obvious” under Georgia law.
Distraction generally isn’t a good response to not seeing something that was open and obvious and caused your fall. But, if the defendant caused the distraction, then you may be able to get around it. Distractions caused by the defendant might include things like:
- Conduct of an employee
- Premises configuration
- Looking at an abnormal merchandise display
- Dealing with congestion caused by traffic or shopping carts
Speak with an attorney to determine whether the particular item or person that distracted you would help you get around the defense of a condition that is “open and obvious.”
Talk to a Calhoun Slip and Fall Lawyer for Free
The best way to know if you have a slip and fall case that could lead to money damages is to speak with a member of our team at John Foy & Associates. We offer this service for free so you can get to know us, and we can evaluate your claim and suggest what your next steps should be. Come meet our team! Let us give you a FREE consultation. Call us at 404-400-4000, or fill out the form and get your FREE consultation today.