About one million emergency room visits each year stem from slip and fall injuries. While anyone can slip and fall, certain demographics are at a higher risk. According to the National Safety Council (NSC), statistics showed more than one in four older adults reported a fall each year, and 36,508 older adults 65 years of age and older died from preventable falls in one year.
A slip and fall accident is perhaps the most common kind of premises liability claim people file, and most negligent parties are rarely willing to admit their errors. Negligent parties often refuse to compensate people and instead claim that they were to blame for their own injuries, so people will want to be sure they hire an experienced Marietta slip and fall accident attorney for help getting justice.
Causes of Slip and Fall Accidents
Slip and fall accidents can involve hazardous conditions causing people to fall. Common examples of causes for slip and fall accidents include, but are not limited to:
- Wet surfaces
- Icy or slippery stairs
- Lack of handrails
- Failure to promptly clean up spills
- Loose or bulging carpeting
- Inadequate lighting
- Loose floorboards
- Exposed wiring or other tripping hazards
- Potholes or cracks
- Loose mats or rugs
- Open desk or cabinet drawers
- Inclement weather
- Broken or missing steps
- Improper floor maintenance
- Spillages of food or liquids
- Poorly constructed staircases
- Splashed grease or oil that is not removed
- Bright light reflecting on a shiny floor causing a glare
- Ice that is not salted
- Moisture collection
- Trash or debris on the floor
- Unfastened cords and wires
- Freshly waxed or mopped surfaces
- Staircases without handrails
- Uneven surfaces with no warning signs
- Broken and uneven sidewalks
- Cords that run across walkways
- Defective sidewalks
- Unstable climbing equipment
- Building structure or conditions
- Collisions with people
- Damaged supportive handrails and banisters
- Snow and ice accumulation on walkways
- Collisions with objects
- Uneven flooring or sidewalks
- Cluttered walkways
- Worn out carpeting
Some of the most common locations these accidents may occur can include:
- Amusement parks such as Six Flags Over Georgia, Splash in the Boro Waterpark and Aquatics Center, and Wild Adventures
- Apartment buildings such as Dakota Mill Creek, Lofts at Bass, and Independence Place Apartments
- Bars such as George Street Pub, Highline, and Georgia Beer Garden
- Escalators and elevators
- Gas stations such as RaceTrac, Friendly Gus, and On The Go Food Mart Gas Station
- Grocery stores such as Grant Park Market, Big Bear Foods, and Whole Foods Market
- Nursing homes such as Sandy Springs Center for Nursing and Healing, Chatuge Regional Nursing Home, and Cumming Nursing Center
- Parking garages such as Lanier Parking, the Pete Hackney Parking Deck, and the 101 Marietta Parking Garage
- Restaurants such as Desta Ethiopian Kitchen, Poor Calvin’s, and Ray’s in the City
- Shopping malls such as the Mall of Georgia, Phipps Plaza, and Cumberland Mall
- Sporting event venues such as Mercedes-Benz Stadium, State Farm Arena, and Augusta National Golf Club
- Swimming pools such as Piedmont Park Aquatic Center, West Gwinnett Park & Aquatic Center, and Wills Park Pool
- Theaters such as the Regal Georgian, Beechwood Cinemas, and Glynn Place Cinemas
Common Kinds of Slip and Fall Injuries
People can suffer many different kinds of injuries in slip and fall cases that can include, but are not limited to:
- Fractures or broken bones
- Closed head injuries
- Skull fractures
- Concussions
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Paralysis
- Amputations
- Back injuries
- Arm injuries
- Leg injuries
- Knee injuries
- Neck injuries
- Facial injuries
- Lacerations
- Crush injuries
- Internal organ injuries
- Permanent nerve injuries
- Severe burn injuries
- Wrongful death
Possible Damages in a Slip and Fall Case
When a person suffers injuries in a slip and fall accident, they could be entitled to compensation, better known as damages. Compensatory damages should restore a person to their original condition or as close thereto, and damages are customarily divided into economic damages and noneconomic damages.
Economic damages are the kinds of losses involving tangible elements. Common kinds of economic damages include:
- Medical bills
- Ambulance transportation costs
- Hospitalization costs
- Nursing care costs
- Follow-up medical care costs
- Property damage
- Medication costs
- Lost wages
Noneconomic damages will be much more non-quantifiable losses. Frequent types of non-economic damages include:
- Pain and suffering
- Emotional distress
- Permanent disability
- Physical pain
- Disfigurement
- Emotional anguish
- Loss of enjoyment of life
- Reputation and humiliation damages
Wrongful death cases can also involve additional damages like:
- Funeral and burial expenses
- Medical expenses resulting from a deceased person’s final injury
- Lost wages and benefits a deceased person would have been able to earn if they had lived
- Loss of companionship, comfort, care, and affection of the deceased person
- Survivors’ grief or sorrow
- Pain, suffering, or disfigurement the deceased experienced before death
Punitive damages, also known as exemplary damages or vindictive damages, could also be available in a very limited number of cases. Georgia Code § 51-12-5.1 establishes that punitive damages can only be awarded in tort actions in which it is proven by clear and convincing evidence that a defendant’s actions demonstrated willful misconduct, fraud, wantonness, malice, oppression, or that entire want of care that raises the presumption of conscious indifference to consequences, and they are awarded not as compensation but strictly to punish, penalize, or deter a defendant.
How Slip and Fall Lawsuits Work
Insurance companies representing negligent parties in slip and fall cases often try to settle cases quickly by offering people lump-sum settlements, and you need to know that any offer you receive is probably a lowball amount nowhere near what you are actually entitled to. You should try not to speak to any insurance company until you have legal representation.
It will be important for a person to work with an experienced Marietta slip and fall lawyer because they will be able to conduct their own independent investigation into an accident and secure all of the evidence necessary to prove another party was at fault for the accident. Many insurers will try to settle these cases because they do not want to have to pay the high costs of taking a case to trial.
If a slip and fall case actually goes to trial, a victim will have to prove all of the following:
- Duty of care — A property owner had a duty to either their invitees or licensees to ensure that the property was free from any dangerous or hazardous condition or at least warn people of possible dangers.
- Breach of duty — The property owner failed to warn invitees or licensees of hazardous conditions and did not keep the premises safe.
- Causation — A dangerous or hazardous condition caused the victim to slip and fall and suffer injuries.
- Damages — A victim has suffered physical, emotional, or financial harm because of the slip and fall accident.
People will want to be sure to retain legal counsel in these cases because a lawyer will know how to present a case to a jury and argue for damages.
Schedule a Free Consultation With Our Georgia Personal Injury Lawyer
Did you suffer severe injuries, or was your loved one killed in a slip and fall accident in Georgia? Do not wait to contact Spaulding Injury Law because we will be able to help you navigate the entire system and work to recover all of the compensation you need and deserve.
Our firm understands how challenging slip and fall cases can be for most people, but we also thoroughly investigate these claims so we can present the strongest possible cases in court. You can call us or contact us online to schedule a free consultation.
Marietta Law Office
1000 Parkwood Circle Southeast
Suite #900
Atlanta, Georgia 30339
Feel free to give us a call if you have any questions or would like to learn more about our attorneys.
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