Whenever you are out on a walk or visiting an apartment complex, hotel, shopping center, government building, restaurant, office building, or other property you should be safe from hazards. Property and business managers and owners have a duty to make sure you are safe on their premises. They must be diligent in maintaining and managing their properties and not negligent. You are their guest or customer and it is their responsibility to ensure that their premises are free of hazards and are safe.
If you have been in a slip and fall accident and sustained injuries as a result of a poorly maintained property, you are entitled to seek compensation for the damages you have suffered. The law firm of Kenneth S. Nugent, P.C in Duluth, Georgia has been protecting the rights and representing clients who were injured in a slip and fall accident for over 25 years. Contact our attorneys today to set up your FREE case evaluation.
When a property is poorly maintained or a dangerous condition exists it can put unsuspecting visitors at great risk. All it takes is a single negligent property owner to endanger, injure or kill innocent people. The state of Georgia has instituted specific statutes for incidents that occur on another individual or entity’s property. A premise liability claim brought against an individual or entity in Duluth, Georgia due to injuries suffered in a slip and fall accident can result in the injured party receiving compensation for medical expenses, lost wages, and pain and suffering. These laws can be quite complex and comprehensive. The Duluth, Georgia law firm of Kenneth S. Nugent, P.C. can help you navigate the complex legal process and help you obtain the compensation you deserve.
In Georgia, under the legal doctrine of premises liability, property leasers and owners have the responsibility to maintain safe remises. that involves inspecting their property for any potential hazards, repairing any known ones, and properly warning visitors to avoid any potential threats. When a property owner fails to properly maintain their property, and a slip and fall accident is caused by a dangerous element, the person will be held liable by the courts for the accident victim’s damages.
Slip and fall cases most often are the result of a slip, fall, and trip accidents. These accidents are the leading cause in the United States for workers’ compensation claims and are also the leading cause of injured-related fatalities in individuals 65 years and older. The most common injuries sustained in slip and fall accidents are spine injuries, head injuries, and hip fractures. There are various elements that may cause an accident, including the following:
A defendant in this type of case might try using the defense of comparative negligence to try to place some of the blame for the accident on the victim for not recognizing an obvious hazard or failing to pay close enough attention. If a defendant is able to provide that a prudent and reasonable visitor would have avoided the specific hazard in question, then a plaintiff might be found partly to blame by the courts. In the state of Georgia, a plaintiff can still recover damages due to the modified comparative negligence laws. If the plaintiff is found to be less than 50% at fault, then she or he will still be able to receive compensation for their damages.
Different standards of care are owed by property owners depending on what type of relationship they have with the visitor.
An invitee is anyone who has expressed or implied consent to enter a property. For example, a grocery store’s customers are invitees. The highest standard of care is owed to these individuals by the property owner who is responsible for ensuring the invitees’ safety and reasonable care. Owners are also responsible for warning invitees of any existing conditions and to protect them against dangers that they may not be aware of.
A licensee is the second class. This is someone who has the privilege of entering a property by the consent of the possessor. A door-to-door salesperson would be an example of a licensee. They may also be social guests. Fewer duties of care are owed by the property owner to these parties. the property owner is required to warn of dangers that a licensee might not likely be aware of. It is then up to the licensee to deny or accept the risks that are involved and also assume liability for any potential incidents that might arise.
The third kind of relationship is trespassers. These individuals do not have the permission of the landlord to enter the property or remain on it. Owners do not owe trespassers any duties of care, except that they cannot inflict harm deliberately on trespassers. However, if the trespasser is a child, then the property owner is responsible for taking care to protect the child against hazards. That includes dangerous property elements or attractive nuisances that by their very nature might attract children – such as trampolines, hot tubs, and swimming pools.
Whenever an individual is injured as a result of a slip and fall accident, the victim is often blamed. Many people often assume that the fall occurred due to the victim not paying attention or from being clumsy. However, truthfully, most slip and fall accidents can be prevented, but it is usually the property owner who could have prevented the incident and not the victim.
Slip and fall cases, like most other personal injury claims, all come down to negligence. The question is, was the accident caused by the property owner being negligent. The plaintiff has the burden of prove the defendants, intent to harm, recklessness, or negligence. Four elements of proof are required:
The defendant owned, was a resident, or leased the property when the slip and fall accident occurred. That assigns a clear duty that the defendant was responsible for ensuring that the property was reasonably safe.
The property was used negligently by the defendant. The plaintiff is required to show that the property owner acted in a way that a responsible owner would not in the same circumstances.
The negligence of the defendant caused the injuries of the plaintiff. A causal link must be established between the defendant’s negligence in the care of the property and the injuries suffered by the plaintiff.
Real damages were suffered by the plaintiff. Real damages can include medical expenses, lost wages due to missed work, emotional suffering, and physical pain. If the damage was not caused by the slip and fall accident, then the plaintiff has no damages to recover and will not be eligible to receive any compensation.
It is very important to be aware that the state of Georgia has strict time limits in place for bringing a personal injury case and obtaining compensation. An injured person in Duluth, Georgia is generally required to file a claim within two years of the date of the slip and fall accident. There are other deadlines in cases against municipalities or the government. If you fail to file within Georgia’s statute of limitations it can prevent your otherwise legitimate claim from being heard by a court and prevent you from obtaining compensation for your injuries. There are other deadlines and factors that can also affect your claim, including witness testimony, preserving key evidence, and filing claims in a timely manner with insurance companies. If you have suffered injuries as a result of a slip and fall accident in Duluth, Georgia contact Kenneth S. Nugent, PC. law firm right away to discuss your claim with one of our experienced slip and fall lawyers.
Slip and fall accident cases can be very complex. It is essential to have legal representation from an experienced and knowledgeable slip and fall accident lawyer to ensure that you receive the compensation that you deserve for the damages that you have suffered as a result of a slip and fall accident.
The law firm of Kenneth S. Nugent, P.C. has represented slip and fall accident victims for 25 years. We will work diligently to ensure that your rights are protected and ensure that you receive the compensation that you deserve and are entitled to in a slip and fall accident case. Contact us today so that we can get your free case evaluation scheduled where we can discuss the details of your case, evaluate your claim, and inform you of your options. Call our Duluth Georgia slip and fall lawyers today at 1-888-579-1790 or click on our online Chat Live on our website.