Landowners have a duty to keep their visitors safe from hazards on their property. When a property owner fails to warn visitors of the dangers on their land, and they sustain an injury, the premise owner could be held liable for damages.
If you or a loved one slipped, tripped, and fell on another’s property, a diligent attorney could help you hold the property owner accountable in court. An Alpharetta slip and fall lawyer could help injured claimants seek compensation following an accident. Reach out to a dedicated personal injury attorney to discuss your legal rights and options.
How a Slip and Fall Accident Could Occur?
Trip and fall accidents are extremely common. Any condition on land that could cause a visitor to lose their footing could be the source of a slip and fall accident. Common examples include:
- Standing water
- Black ice
- Loose carpeting and floorboards
- Improperly secured hand railings
- Broken steps
- Cluttered floors
- Spilled liquid
Slips and falls can lead to deceptively serious injuries. A short trip to the ground may be all that is necessary to break a bone, snap a ligament, or cause severe head trauma.
The purpose of a slip and fall accident claim is to collect the payments needed to set things right. Following a slip and fall collision, the injured party may be able to recover compensation for medical bills, lost wages, pain, and suffering, as well as loss of enjoyment of life. Working with a knowledgeable Alpharetta slip and fall lawyer could help individuals to evaluate their losses and demand appropriate compensation.
The Classification of Visitors
Determining fault for a slip and fall requires a multiple-stage analysis. The first step is to evaluate the plaintiff’s right to protection. State law places visitors on land into one of three categories. Each of these categories obligates landowners to provide protection.
Who Are Invitees?
The first class is invitees. Under the Official Code of Georgia §51-3-1, these people enter the land with permission for a business purpose. Property owners must take reasonable care to protect invitees from harm.
Who Are Licensees?
The second class is licensees. Licensees enter land for a social purpose, such as to attend a birthday party. Landowners must only prevent harm that results from extreme carelessness or intentional harm.
How Are Trespassers Classified?
Finally, trespassers are those that enter land without permission. Under O.C.G.A. §51-3-3, the property owner must refrain from causing willful or wanton harm.
Once a plaintiff can establish their rights under the law, they must take steps to show how the defendant’s negligence resulted in the slip and fall.
Determining Fault Following an Accident
The State of Georgia follows the modified comparative negligence rule. Per O.C.G.A. §51-12-33, each party is held responsible for damages following an accident. If the court finds the plaintiff to be more than 50 percent to blame for an incident, they may not be eligible to recover compensation for damages. The plaintiff’s recovery will be reduced by their percentage of fault.
An experienced Alpharetta slip and fall lawyer could help to demonstrate that a visitor had rights under the law and that a landowner’s failure to keep them safe was the primary cause of the slip and fall.
Seek Help from an Alpharetta Slip and Fall Attorney
A slip and fall accident could cause severe injuries, emotional trauma, and serious financial burdens. Fortunately, you do not need to handle your case alone.
An Alpharetta slip and fall attorney could handle the legal aspects of your case while you focus on your recovery. They can evaluate your rights under the law, determine how a landowner may have failed to keep you safe and advocate on your behalf to help you seek compensation. Call today to discuss your case.