The Complexities of Proving Slip and Fall Claims

Categories: Slip and Fall

blackfin Georgia's Slip and Fall Attorney - The Law Offices of B. Clarke Nash, P.C.

Slip and fall claims are inherently complex simply because you must establish liability for your accident. In order to win your case, you must be able to prove that someone else is liable for your injuries – and that is not as straightforward as other types of accident cases.

The two key liability questions your attorney must ask in slip and fall cases are:

  1. Who could be potentially liable for your injuries?
  2. Were those individuals negligent and caused your slip and fall?

Proving the Theory of Liability

In a slip and fall case, you must hold a person responsible by showing that they are liable for your injuries. This is done by proving one of the following:

  1. The property owner, manager, or caretaker should have recognized the danger, realizing that there was a potential for accident, and then repaired that danger – but they did not. Thus, they caused your accident by failing to correct a foreseeable danger. Also, you must show that the defendant knew about the potentially hazardous condition and had reasonable time to correct it. If they just found out and you were injured, you may not have a viable claim.
  2. The property owner, manager, or caretaker caused the dangerous condition that led to your accident – such as leaving a hazardous object in place.

Proving Liability and Negligence in Your Claim

The term “reasonable” is not as easy to prove in slip and fall cases. After all, you must show that the defendant had reasonable suspicion of a dangerous condition, or they had reasonable time to correct a known danger. There is no clear statute stating what is “reasonable” under the law, and instead it is interpreted based on the facts of the case.

Some factors your attorney must consider when proving liability in your claim include:

  • The hazardous condition existed long enough that a reasonable owner would have noticed it and had time to correct it.
  • The property owner had a policy for routinely checking for potential hazards and has a log proving that the hazard was found and not corrected.
  • The hazard could have been less dangerous through preventative measures – such as putting up warning signs.
  • Poor lighting or limited visibility played a role in the accident.

Proving You Are not at Fault

Slip and fall claims often become a blame game, and the defense may try to show that you caused the accident yourself or that you are partially responsible for your injuries. Because Georgia uses a modified contributory fault rule, you could have your compensation reduced based on how much at fault you were for the accident itself, though, if you are more than 50 percent at fault, you may not have a claim at all.

Speak with an Attorney Regarding Your Slip and Fall

If you have been injured in a slip and fall accident, it is important that you speak with an attorney. Contact the Georgia accident team at The Law Offices of B. Clarke Nash, P.C. You can schedule your no obligation consultation at 912-200-LAW2 or by filling out an online contact form.