At Spaulding Injury Law, we understand that while most people can recover quickly after a minor fall, some falls may result in serious injuries, leading to ongoing medical issues, emotional distress, and financial challenges.
If you’ve been injured in a slip and fall accident due to another person’s negligence on their property, our skilled Roswell slip and fall attorneys at Spaulding Injury Law can help you understand your options for seeking financial compensation and assist you in pursuing a successful lawsuit to cover your necessary treatments in Roswell.
What is a Slip and Fall Claim?
Slip and fall accidents are among the most common types of premises liability cases. A civil claim arises from a slip and fall incident when it occurs on someone else’s property due to the property owner’s failure to properly maintain and secure their premises.
To succeed in a slip and fall case, the injured party and their attorney must first establish that the owner was negligent in maintaining their property in a reasonably safe condition. Then, they must prove that this negligence caused the slip and fall accident.
Example: Slip and Fall Claim Against a Landlord
If a tenant trips on broken front steps at their apartment, the landlord may be held liable for the injuries. If the landlord was aware of the defective steps and did not take any action to repair them, they could be held responsible for the slip and fall accident if the tenant suffered injuries and compensable damages.
Even if the landlord was not aware of the hazardous steps, a tenant might still have a successful claim if a Georgia court determines that there was “constructive notice.” A landlord might be deemed to have constructive notice if the steps had been broken for an extended period, such that a reasonable person would have discovered the issue during a routine property inspection. Our experienced slip and fall attorneys at Spaulding Injury Law can provide further insight into these types of claims.
Injuries in Roswell Slip and Fall Accidents
While many people can recover quickly after a slip and fall accident, some falls can result in severe injuries, such as:
- Broken bones, particularly in the hand and wrist, from attempting to break a fall
- Cuts and lacerations
- Soft tissue injuries
- Neck and back injuries, including spinal damage and herniated discs
- Brain injuries and concussions
A traumatic fall might also lead to emotional and cognitive difficulties if the victim suffered a brain injury. Some symptoms might not even manifest immediately after the accident. Therefore, it is vital to collaborate with a local attorney who has extensive experience in handling slip and fall cases. Our skilled lawyers at Spaulding Injury Law can review your medical records to ensure you receive appropriate compensation for your damages.
Common Causes of Falls in Roswell
Slip and fall accidents can happen in both commercial and residential settings. They typically happen when the ground is uneven or slippery or when unexpected obstacles are present on the walking path.
Common causes of slip and falls include:
- Wet or slippery floors indoors due to water or spills
- Ice or snow outdoors
- Broken staircases, steps, or railings
- Obstructions such as clutter or debris in aisles or walkways
- Bunched up rugs
- Wires or cables on the floor
- Insufficient lighting
- Potholes in parking lots
Our knowledgeable attorneys can investigate the site of the slip and fall accident to gather evidence demonstrating that the property owner, landlord, or manager had actual or constructive knowledge of the hazardous condition that led to your injuries.
Liability for Slip and Fall Accidents in Roswell
Property owners, as well as those who control property through leases, have a duty of care to people who legally enter their premises. The level of care owed to individuals depends on their classification as invitees, licensees, or trespassers under Georgia state law.
Invitees are those whom property owners invite onto their property.
Invitees may include neighbors invited to a residential homeowner’s backyard barbecue or customers visiting a grocery store. Property owners owe the highest duty of care to invitees under O.C.G.A. § 51-3-1, which means they must maintain their property in a reasonably safe condition to prevent potential harm.
Property owners’ duty of care towards licensees is defined by O.C.G.A. § 51-3-2. Licensees enter the property with permission but for their own reasons. Property owners are required to avoid intentionally or recklessly causing harm to licensees.
Trespassers are people who enter a property without the owner’s permission. According to O.C.G.A. § 51-3-3, property owners have no duty to maintain their property free from hazards for trespassers. However, landowners must not engage in willful or wanton conduct that could cause harm to trespassers.
Protecting Your Rights After a Slip and Fall Accident in Roswell
If you experience a slip and fall accident, take the necessary steps to protect your rights:
- Seek emergency medical care if required.
- Report the accident to the property owner or manager and obtain their contact information.
- Capture photos or videos of the hazard, the scene, and any visible injuries.
- Speak to witnesses and collect their contact information.
- Visit a doctor promptly for an evaluation, even if your injuries seem minor.
Remember, never apologize or accept blame for your accident. Anything you say could be used against you.
Falling at a Friend’s Home
Regardless of where your slip and fall accident occurs, you can still recover 100% of your costs and damages. If the accident happened at a friend or family member’s home, it’s important to remember that your claim is between you and their insurance company, not your friend. They won’t have to pay out of pocket, and a good friend would want you to receive the necessary funds to treat your injuries.
Get Legal Support from a Roswell Slip and Fall Attorney at Spaulding Injury Law
If you have suffered a serious injury due to a preventable slip and fall accident, reach out to our experienced Roswell slip and fall lawyers at Spaulding Injury Law. Our compassionate and dedicated team can assess your situation and advise you on your legal options.
Contact us today to schedule a free consultation.