Experienced Premises Liability Lawyers Serving all of Georgia
You have suffered from a slip and fall. Your injuries are serious – if not permanent. When you have been diagnosed with long-term, serious injuries from that accident, you may wonder what your options are legally. After all, the slip and fall was caused by a hazard on the premises, not by yourself. But, can you use the company to reclaim damages for your medical expenses and lost wages?
In order to successfully bring a claim against a party, you must first be able to prove three critical things:
- The defendant owed you a duty of care and was negligent in performing that duty; therefore, they are liable.
- The defendant breached that duty of care owed to you, and you suffered an injury as a result.
- The breach of duty on the part of the defendant was a major influencer for your injury.
Proving Liability and the Duty of Care
In order for you to have a valid claim, you must prove that the defendant (i.e., the property owner) owed you a duty of care. This can be as simple as clearing snow off the sidewalk or fixing a faulty stairwell. All property owners must exercise care when they are inviting people onto their property. Whether they are a homeowner or business owner, this duty of care is owed to those visiting.
If, however, you were on the business or homeowner’s property without permission – or even after operational hours – your injury may not be the result of a failure to perform their duty. After all, if the business is closed, you have no legal reason for being there and the owner had no duty of care to provide to you.
In addition to establishing that the owner had a duty of care, you must also show that they exercised that duty negligently. For example, the owner of a retail store was aware of a puddle of water on the floor – which created a tripping hazard. The puddle was ignored and you were injured as a result. They knew that they had a duty to clean up the puddle or keep people away from it, but ignored that duty and operated negligently.
Employees of the company can also be held responsible for your slip and fall and the employer will be liable under the respondeat superior rule. That means that even if the owner didn’t know about the hazard, the employee who ignored that hazard makes the employer liable.
Even if someone acted negligently, you must establish that their actions were the direct result of your injury. So, if you didn’t slip on that same puddle, but you were injured at home, you don’t have a case. If, however, you slipped and fell in the store because of the puddle, you have a claim.
Speak with an Attorney to Assess Your Case
If you have been injured in a slip and fall accident, contact a personal injury attorney right away. These claims are difficult to prove in court and notorious for being ignored by the courts. You have a heavier burden of proof. To make sure that you receive the compensation you deserve, contact The Law Offices of B. Clarke Nash, P.C. right away at 912-200-5292 or schedule an appointment online.