Understanding Premises Liability in Slip and Fall Cases
Slip and fall accidents can happen anywhere, including in a grocery store, a restaurant, or even a neighbor’s home. These accidents often lead to serious injuries. With that comes medical bills, lost wages, and long-term pain. In Georgia, property owners are legally required to keep their premises safe. If they fail to do so and someone gets hurt, they may be held responsible.
When Is a Property Owner Liable?
Not every fall leads to a successful lawsuit. To hold a property owner responsible, you must prove the following four things:
- The owner owed you a duty of care: Businesses must keep their spaces safe for customers. Homeowners must maintain their property for invited guests.
- They breached that duty: This happens when they ignore hazards like wet floors, broken stairs, or poor lighting.
- That breach caused your fall: You must show that the dangerous condition led to your injury.
- You suffered real harm: This includes medical expenses, lost wages, and pain and suffering.
Common Causes of Slip and Fall Accidents
Hazards that lead to falls include:
- Spilled liquids and wet floors in supermarkets and restaurants.
- Uneven sidewalks, loose carpets, and broken flooring in stores or apartment buildings.
- Poor lighting in stairwells or parking lots, making hazards hard to see.
- Snow and ice that isn’t cleared from walkways.
How Comparative Negligence Affects Your Case
Under Georgia law, the modified comparative negligence rule takes precedence. This means you can only recover damages if you are less than 50% responsible for the accident. If a jury finds you partially at fault, like if you weren’t watching where you were going, your compensation is reduced by that percentage. If you are 50% or more at fault, you cannot recover anything.
Defenses Property Owners May Use
Property owners often argue the following:
- The hazard was “open and obvious,” meaning you should have seen and avoided it.
- They didn’t know about the danger, so they had no chance of fixing it.
- You were distracted or not paying attention.
Protect Your Rights After a Slip and Fall
If you’ve been injured in a slip and fall accident, you may be entitled to compensation. Morris & Dean, LLC, can help you fight for what you deserve. Contact us today for a free consultation.