The Fundamentals of Slip & Fall Claims
Chris York • October 22, 2019
What is a Slip & Fall Injury?
A slip and fall, or trip and fall, injury is a type of premises liability claim. This type of personal injury claim
is based on a person slipping (or tripping) on the premises of another and being injured as a result.
Filing a Slip & Fall Accident Claim
Slip and fall accidents can have serious consequences. Maybe you have broken bones, neck or back injuries, or head injuries as a result. The medical bills begin to add up, and you wonder how you’re going to pay for them all.
The logistics of filing a claim against a property owner or occupier where the slip and fall occurred can be grueling, resulting in hours of discovery by way of depositions of the claimant, witnesses, and doctors. The burden of proof lies with the claimant, who must show that the owner was negligent in some way, causing the slip and fall. A property owner’s duty to visitors on his or her property changes depending on whether the visitor is an invitee, licensee, or trespasser. A premises law attorney knows the right questions to ask to determine whether there is enough evidence to support a cause of action in a court of law and can work with you, the owner, and the insurance companies to reach a settlement or pursue to trial if necessary.
Premises Liability & Possession
One twist that we encountered in a recent case deals with the circumstance where a landlord had tendered possession of a property to its tenant. Georgia law establishes that a landlord who “parts with possession” is not responsible to third parties. Pursuant to O.C.G.A. 44-7-14:
“Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.”
Proving Your Slip & Fall Case
In slip & fall cases, you will need counsel who can focus on defective construction and the potential that the property owner failed to keep the premises repaired. That requires immediacy and quick investigation of the incident and the property. Document everything and retain experts early. But most importantly, hire competent counsel
to help you navigate this tricky area of Georgia law.
An owner or insurance company may try to settle your case before you have a chance to speak with an attorney. York Gaskill, LLC does not want you to settle for less than you deserve. If you or someone you know has been injured on someone else’s property, please contact us
today to discuss what we can do for you.
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