Yes, you can sue if you slip and fall in a store in Georgia. This is true for customers and anyone else in the store. And, in many cases, an actual lawsuit won’t be necessary—you can often recover money for your injuries simply with an insurance claim against the store’s liability insurance.
However, there are limits. Whether you can recover money will depend a lot on how the slip and fall accident happened.
When do I have a right to sue a store for a slip and fall?
Georgia law gives three main conditions you have to meet to have a right to recover money:
- There was a dangerous situation in the store that caused you to slip
- The store knew about the dangerous situation and did nothing to fix or remove it
- Or, if they did not know about it, they should have known about it
This last point is important. For example, if you slipped on spilled product in an aisle, the store may claim they didn’t even know there was a spill. But the law asks a simple question: should the store have reasonably been expected to know there was a spill? If the spill was sitting there for 30 minutes, they probably should have known—otherwise they’re not really paying attention to their store. If it was sitting there for hours, they definitely should have known.
Other cases where a store “should have known” include:
- Not repairing cracked or uneven pavement
- Not putting a sign next to a wet floor
- Not taking reasonable precautions for the weather (such as making sure entrance areas aren’t slippery on a rainy day)
- Stacking products in a way where it’s hazardous for customers to try to get them down
- Not labeling steps
- Leaving a loose handrail on a staircase
These are just some examples. Any time a store has a hazard like this that they knew about or should have known about, if they don’t address it they are being “negligent.” And that means they’re liable for your injury.
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How do I file a slip and fall claim against a store?
Here’s what you should do:
- When you’re first injured, tell a store manager if possible. This isn’t required for your claim, but it helps.
- Similarly, it helps to take photos of the hazard and the area around it to show what happened. And ask people nearby if they saw you fall, or at least noticed the hazard. Get their contact info as witnesses.
- Get the medical are you need and keep records of the care you received.
- Talk to a slip and fall attorney as soon as possible.
It’s always hard to take these cases forward without an attorney on your side. Stores and their insurance companies know the law—and customers usually don’t. They will find any loophole or catch to try to avoid paying you if it’s possible. In many cases, they’ll deny there was ever a hazard at all. Your attorney levels the playing field and puts knowledge of the law on your side.
Talk to a Slip and Fall Lawyer for Free
The attorneys of John Foy & Associates have been helping slip and fall victims for over 20 years. We know how to handle even the biggest stores and insurance companies—and we charge nothing if we don’t get you money. Let us give you a FREE consultation. Call us at 404-400-4000 or fill out the form to your right and get your free consultation today.