Accidents happen, but when should the victim contact a personal injury attorney? The short answer is, when the injury was caused by a hazardous condition on another’s property. But under Georgia law, it’s also required that the property owner should have known about dangerous condition before the accident, and that the injured victim was unaware of the dangerous condition.
Some hazardous conditions are permanent, and some are temporary. For example, slippery floors as a result of a spilled liquid, puddles of water and ice are typically viewed as temporary conditions. Permanent conditions include broken stairs, lack of railings, uneven flooring or bad lighting.
Whether the hazard was temporary or permanent, the property owner may be held liable for your injuries. However, owners may not be liable for a temporary hazard, such as a spill, if the spill happened immediately before the fall and the property owner did not have a reasonable amount of time to fix it. On the other hand, it is presumed that owners should know about permanent hazards, such as broken stairs or railings and be held responsible for any injuries those dangerous conditions may cause.
What should I do if I slip and fall?
Identify Witnesses: Similar to a car accident, your case will be stronger if someone who witnessed the accident and can verify what happened. If you are able, get the name and contact information for anyone in the immediate area who saw you fall.
Seek Medical Attention: Your injuries may be worse than you initially think, as adrenaline and embarrassment may mask your immediate symptoms. Neck and back injuries are commonly associated with slip and fall accidents, and may need a significant amount of medical treatment and rehabilitation over time.
Document It: This is a time when the camera on your cellphone can really come in handy. Photos of the area where you fell and the hazardous condition that caused your fall can help support your case. Do this as soon as possible, as the property owner has no obligation to preserve the area and may fix the hazard quickly in an effort to avoid liability.
Contact an Attorney: The state of Georgia has a statute of limitations on slip and fall cases, so it’s in your best interest to consult with an attorney who has experience in this area of law as soon as possible. It’s also advisable to schedule the consultation shortly after the accident because accuracy and good record-keeping are important when building your case, and important details may be forgotten over time. The attorney can also advise whether it’s in your best interest to negotiate a settlement or go to trial.
For more information on this topic, contact personal injury attorney Andrew Gebhardt at agebhardt@smithwelchlaw.com or call 770-389-4864. Smith, Welch, Webb and White is recognized as a premier law firm throughout the state of Georgia. Our team of experts routinely handles a wide range of legal matters, and will provide outstanding service for you, your family or your business.
Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.