Slip and Fall | Atlanta, Georgia Slip & Fall Injury Attorney
In
Georgia, owners of land and property owe certain duties to those who enter
their land and property. Those duties vary according to the relationship
between the owner and the person entering the land. The mere fact that one is
injured on someone else's land does not necessarily make that owner liable to
the injured person.
If an individual is on someone's land for a business
purpose, that person is referred to as an invitee. An owner's duty to an
invitee is to exercise ordinary care to make their premises and approaches
safe, and free of hazardous or defective conditions.
There
are several elements to a slip and fall claim. First, there is a duty owed by
the owner. Georgia courts have for many years followed the "superior
knowledge" rule in assessing an owner or occupier's liability. Generally,
if an owner or occupier has superior knowledge of a dangerous or defective
condition, that is, superior to the person entering the land, that owner is
liable for any injuries that result from such conditions.
The
second element to a slip and fall claim is that the property owner breached
that duty. There are different theories used to demonstrate a breach of the
duty owed, such as the distraction theory (the defendant distracted the
plaintiff in slip and fall cases), or by showing there was a violation of a
building code, which amounts to negligence per se, or as a matter of law.
The
final element in slip and fall cases is causation. A plaintiff must prove that
the breach of the duty owed by the property owner caused his or her injuries.
Premises
liability cases, especially slip and fall cases, are very difficult to win.
Georgia courts are generally conservative, and the laws in the slip and fall field
are especially confusing. Since property owners and insurance companies know
this and have vast experience in evaluating slip and fall claims, they often
will pay zero or the lowest compensation possible.
It is important to have an attorney on your
side with considerable experience dealing with these property owners and
insurance companies. It is always best to have an attorney who will not settle
your case for anything less than its full value.If the property owners or insurance company
is not being reasonable in their valuation of your case, you need an attorney
who will fight for you, who will file a lawsuit, take your case to trail and
prove why you deserve to be compensated.My law firm will do that for you.