Even the most careful people may be susceptible to slipping or tripping and falling at a poorly maintained property. This type of event could lead to serious injuries that result in consequences that could last for months or even years. Through a civil claim, you could hold the at-fault party responsible for your injuries and obtain compensation for your losses. However, this legal process can be complicated without the help of an Atlanta slip and fall lawyer.
A knowledgeable personal injury attorney with experience handling claims like yours will work tirelessly to demand fair restitution on your behalf. Qualified legal representation will improve your chances of achieving a positive case resolution.
When Are Property Owners Liable for Accidents?
Under state law, property owners and managers have different obligations to protect certain types of guests to their property from harm. This duty is impacted by an individual’s reason for being on the property, which further impacts the individual’s right to file suit for a slip and fall incident.
Generally, property owners and managers owe the most substantial “duty of care” to visitors, or invitees, who are welcomed onto the property lawfully for the purpose of conducting business that financially benefits said owner or manager. An example would be a store customer.
Conversely, property owners/managers owe a less exhaustive duty to lawful visitors on the land who are entering the property to conduct business for their own benefit, like landscapers or independent contractors.
Property owners owe almost no duty to trespassers. Depending on your reason for being on a property, your right to file a slip and fall claim may be impacted!
Cases Involving Unknown Hazards
Another crucial factor in many slip and fall cases is the length of time that the hazard that caused the accident was present and whether the property owner knew about the hazard. A property owner who could not have reasonably known about a hazard even with regular property inspections is not considered negligent for failing to address it.
An experienced lawyer can help injured visitors determine whether they have a valid slip and fall case based on the circumstances surrounding their accident.
Contesting Allegations of Comparative Negligence in Atlanta
One of the most significant legal obstacles in personal injury claims is comparative negligence. Civil courts can assign injured parties a percentage of the total fault in their accident based on the degree to which they contributed to their own injuries. The Official Code of Georgia § 51-12-33 allows courts to reduce a plaintiff’s final damage award by the same percentage of fault they bear for their own injuries, a percentage that is determined by the court.
Furthermore, a plaintiff who bears 50 percent or more of the total blame for that incident cannot recover any civil compensation at all. A slip and fall attorney in Atlanta can go into more detail about how this legal principle might impact recovery in your situation.
An Atlanta Slip and Fall Attorney Can Help
Sudden slips and falls can cause life-altering injuries and losses. Recovering compensation for the effects of such an accident can be challenging if you try to deal with insurance agents and defense attorneys alone.
Assistance from a dedicated Atlanta slip and fall lawyer can put you in a better position to enforce your legal rights. Call our firm today for a free case evaluation.
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