SLIP & FALL
Falls were the leading cause of unintentional injury leading to an emergency room visit in 2020 and Sword & Shield slip and fall lawyers can help victims seek justice and compensation.
According to the Centers for Disease Control and Prevention’s (CDC) most recent figures, slip and fall accidents accounted for over 6.8 million ER visits that year. In most cases, property owners owe visitors, guests, and tenants an obligation to maintain orderly and safe premises. When they fail to do so and someone suffers an injury, an Atlanta slip and fall lawyer can help the victim seek justice and compensation.
At Sword & Shield Injury Attorneys, we are guided and inspired by our faith and the plight of our clients. We take faith and fight with us while advocating for injury victims, as our role as attorneys is a calling, not just a business.
What Is Premises Liability?
Premises liability law holds negligent property owners accountable for failing to maintain a safe property or for not warning lawfully present visitors, guests, and tenants of dangerous conditions. For example, property owners must put up “Wet Floor” signs and adequately attend to and warn about hazards like faulty wiring.
What Are the Premises Liability Elements?
To have a valid legal claim against a property owner, you must prove the elements of a premises liability claim, which include:
- The landowner owed you a legal duty to maintain safe premises and warn you about potentially hazardous conditions they knew or should have known about.
- The landowner failed to meet their legal obligations to you. For example, they did not put up a sign to warn you of a spill or that the escalator was out of order.
- The landowner’s failure caused you to suffer an injury.
- You suffered an injury or incurred damages.
To prevail, you must make solid legal arguments and present facts demonstrating all four elements. Our team can help you understand and meet this burden by investigating the case, calling witnesses, and performing complex legal research.
How Do I Prove Slip and Fall Liability?
To show a landowner is liable for your slip and fall injury, you must prove the elements of premises liability. As part of this, you must show that the landowner owed a duty to you. Under Georgia law, landowners owe different responsibilities to the following types of visitors:
- Invitees. Invitees are those a landowner invites or induces to come to their property, such as a customer. Landowners owe invitees a duty to exercise ordinary care in maintaining their property.
- Licensees. A licensee is permitted to go on the premises for their own interests. Permission may be express, as with social guests, or implicit, as with mail carriers. Landowners owe licensees limited duties to protect them from willful or wanton injuries.
- Trespassers. Trespassers are people on a property without permission. In most cases, landowners don’t owe a duty of care to trespassers except to refrain from purposely injuring them. Landowners may owe greater duties to child trespassers, depending on the circumstances.
Georgia’s premises liability laws are nuanced and complex. An Atlanta slip and fall lawyer can unravel the legal principles and be straightforward about what they mean for you.
We pride ourselves on being educators as much as we are advocates. We want our clients to have the opportunity to understand as much as they can about their case and what can happen based on the applicable laws.
How Long Do I Have to File a Slip and Fall Lawsuit?
Under Georgia law, the time limit to bring a slip and fall lawsuit is two years from the date of the injury. That said, it is essential to talk to an experienced lawyer to help you understand if any exceptions apply to your case that might alter this deadline.
Sword & Shield Injury Attorneys: We Bring Faith and Fight
We understand that there is a lot on the line. Being injured in a slip and fall can cause terrible physical and psychological injuries. We’re here to help alleviate your burden. Joshua Davis understands firsthand what it’s like to be an accident victim through no fault of his own. He is here to fight for you by calling on his faith and extensive knowledge of Georgia law.
If you were injured in a slip and fall, call our dedicated team today at 844-767-5291 or contact us online.