The Atlanta injury attorneys at Cruz & Associates want residents of the Atlanta area to understand their legal rights following a slip and fall accident and what to expect from a personal injury lawsuit. Slip and fall accidents are one of the leading causes of emergency room visits in the United States, and are the leading cause of missed days from work. Employees involved with the workers’ compensation system will want to know their rights as well after a workplace slip and fall injury.

Cruz & Associates has more than 25 years of experience handling slip and fall injury cases, so review the following information and contact us if you have further questions about slip and fall claims in Georgia. Slip and fall accidents can be tricky to navigate and the help of a slip and fall attorney can drastically increase your chances of winning compensation. Slip and fall accidents are typically caused by:

  • Poorly lit walkways
  • Broken hand railings
  • Spilled liquid on the floor
  • Building code violations
  • Uneven surfaces

Filing a Lawsuit in Atlanta for a Slip and Fall

If you slip and fall, the only way you can file a lawsuit and recover compensation is to prove the incident occurred due to another party’s negligence. Personal injury claims revolve around the legal concept of negligence, or a party’s failing to meet a duty of care in a given situation. Slip and fall cases are a bit different since the defendant didn’t directly injure the plaintiff, but the injury occurred on the defendant’s property due to the property owner’s negligence.

Slip and fall lawsuits are personal injury cases that touch on concepts of premises liability laws, or the laws governing property owners’ duty of care to the people who visit or occupy their properties. A property owner must ensure that the premises are safe for lawful visitors on the property. If a hazard exists, the property owner must use care in notifying visitors of the hazard if they are likely to encounter it during their time on the property.

It’s important to remember that property owners are not liable for injuries to trespassers. An interloper who sustains an injury on a property cannot sue the owner since he or she did not have permission to be present on the property. The only possible exception would be for a wandering child. If there is a possibility of a child unknowingly wandering onto the property, the owner should reasonably account for this.

Damages and Compensation for Slip and Fall Injuries

A slip and fall injury can cause broken bones, deep cuts, spinal cord injuries, traumatic brain injuries, and a host of other possible secondary injuries. The injured party must prove that the owner of the property on which the injury occurred failed to meet an acceptable level of care in his or her handling of the property. This could include negligent security, poor maintenance, allowing the property to fall into disrepair, or failing to address known hazards before they can cause injuries.

Plaintiffs in slip and fall lawsuits can typically expect to recover several types of compensation, including coverage for their medical expenses, pain and suffering, and lost income after an injury. However, it’s important to note that Georgia follows a contributory negligence law, meaning plaintiffs found partially at fault for their damages may lose a portion of their case award equal to their percentage of fault. For example, if a jury finds a plaintiff 30% at fault in a $50,000 case, the plaintiff would lose 30% or $15,000 of the award, leaving the plaintiff with $35,000.

The Atlanta slip and fall attorneys at Cruz & Associates have extensive experience handling all types of civil actions for our clients in the Atlanta region, and we want to put our resources and experience to work in your slip and fall case. If you’ve recently suffered injuries from a slip and fall, reach out to Cruz & Associates today to schedule a free consultation with one of our attorneys. We’ll review the details of your case and provide you with an idea of the compensation you might expect from a lawsuit.