Personal injuries fall under the category of torts, which means the wounds occur as a result of accidents or civil wrongs. Simply put, the harm is unintentional. A tort can be the result of a car accident, a slip and fall, or a dog bite. In Atlanta, Georgia these incidents are personal injury cases. These cases are also known as negligence claims since they are due to careless behavior that causes the accident. The claims revolve around instances in which one party is in debt to another, doesn’t make amends, and it results in damage being done to someone else.
The majority of negligence claims rely on being able to show who caused the accident, often a difficult task to prove due to providing legal and factual evidence. Slip and fall cases, for example, require the owner of the property to ensure safe conditions at all times. An inspection of the property shows if the owner acted sensibly to provide a safe environment and the injured party’s conduct cannot contribute to their injury negligently.
Slip and Fall Accidents in Atlanta, Georgia Occur Indoors and Outdoors
Sometimes while you are out and about running errands or shopping, you may trip or slip in a store or on a sidewalk. These accidents usually take place on property belonging to someone else. There are times when the premises owner can be responsible legally if certain indoor conditions like these are present:
- Wet floors
- Ripped carpets
- Bad lighting
- Flooring changes (i.e. raised sections or texture changes)
When a slip and fall takes place outdoors, it could be the result of:
- Cracked or damaged sidewalks
Determining the Cause of Slip and Fall Injuries in Atlanta, Georgia
There is no easy way to decide who is at fault in a slip and fall injury in a negligence case. The deciding factor is if the owner of the premises provided the care necessary to prevent the accident from taking place. It will also matter if you were negligent by not staying away from an area or situation that causes you to be injured. You need to know the rules to determine if it was the action of another for you to trip or slip.
The majority of cases on someone else’s property will hinge on whether or not a dangerous situation was present and if the property owner was aware of the dangerous condition. The situation has to provide an unnecessary risk to an individual using the property and it has to be a situation the injured party would not have expected under normal circumstances. You have to be conscious of hazardous conditions and avoid them.
It is not as simple as a dangerous situation being present. You have to be able to show that the owner of the premises was aware of the problem. There must be proof that:
- The property owner caused the condition;
- The property owner was aware the problem existed and did nothing to remedy it;
- The problem was present for an extended period of time and the property owner should have found and rectified it before an accident.
To hold a property owner responsible, it must have been predictable that failure to remedy an issue would create the possibility of injury.
Commercial Properties in Atlanta, Georgia
To be liable for injuries sustained from a trip, slip, or fall, on the property of an eating establishment, a store or other type of business, the owner:
- Must have created and caused the wet area, slippery or slick surface, or worn, damaged area to be in a traveled area;
- Must have been aware of the hazardous area and did nothing to correct it; or
- Should have been aware of the hazardous area since a normal individual maintaining the structure would have found and cleaned or fixed it.
Several people may be responsible in the case of slip and fall accidents on commercial properties since there may be more than one property owner.
Landlords of residential properties may be responsible to residents or other parties for injuries resulting from slip and fall injuries on rental dwellings. In order to hold a landlord liable for injuries, a resident must prove that:
- The landlord was aware of the issue that caused the fall or slip;
- Correcting the problem would not have been challenging or expensive;
- A potentially severe injury may be the result of not correcting the problem;
- The landlord’s refusal to take appropriate action to prevent the issue caused the resident to slip and fall resulting in injury.
Injuries on Atlanta, Georgia Government Property
If your injury happens while you are visiting property owned by a federal, local, or state agency, there are specific rules that apply. There are wide-sweeping provisions and strict guidelines put in place to shield government agencies from being liable when an injury takes place on their property.
When Should You Consult an Attorney?
It is difficult to prove a negligence claim, and you should get legal assistance to help you with your legal dispute. If you are the victim of a personal injury, you should speak with an attorney as soon as possible. There are often time limitations attached to filing negligence claims. An injury attorney will be able to navigate the confusing legal system. Discussing your case with a lawyer will help you better understand what will be involved in pursuing your case.
Contact Ted A. Greve & Associates to Discuss Your Personal Injury Case
The experienced Atlanta, Georgia law firm of Ted A. Greve & Associates Injury Lawyers can assist you to determine if you have grounds for a negligent injury case. You should understand that having an accident does not automatically guarantee you will be entitled to damages. By meeting with a personal injury attorney, you will have the opportunity to discuss the specifics related to your injury and receive guidance on how best to proceed. Call us today to learn more about our services and for a free, no-obligation consultation.