man holds onto the handrail of a staircase to keep from falling

A slip and fall accident typically occurs when someone is injured due to unsafe conditions on another person’s property. If a person is hurt in this accident, they have the right to file a compensation claim that includes medical expenses, lost wages, pain and suffering, and other related damages. However, navigating this claim can be complicated and often requires a considerable amount of time, effort, and a firm grasp of the legal concepts related to slip and fall accidents.

Elements of a Georgia Slip and Fall Case

To successfully establish a slip and fall claim in Georgia, you will need to clearly demonstrate the following elements:

Duty of Care

The landowner had a legal obligation to ensure the safety of their premises. This means they are required to maintain the property in a condition that minimizes the risk of injury to visitors and guests.

Breach of Duty

The landowner failed to fulfill their duty of care. This could involve actions such as neglecting to fix hazardous conditions, failing to provide adequate warnings about potential dangers, or not maintaining the property to safety standards.

Injury

You must show that you sustained a valid injury due to your fall. This could include physical injuries such as fractures, sprains, or other significant injuries that impact your daily life. Documentation from medical professionals will be critical in substantiating this claim.

Causation

It must be established that the landowner’s breach of duty directly caused your injuries. This means providing evidence linking the property’s unsafe condition to your accident and subsequent injuries.

What Does Duty of Care Mean?

man slipped on the wet aswad and fell

The duty of care is a crucial legal standard that defines a landowner’s responsibility to ensure visitor safety. It requires landowners to take reasonable precautions to protect individuals from harm on their property.

In Georgia, the duty of care becomes particularly relevant in slip and fall cases when two key conditions are met:

  • Existence of a Dangerous Condition: There must be a specific hazardous condition present on the property, such as a wet floor, uneven pavement, poor lighting, or any other factor that poses a risk to visitors.
  • Knowledge of the Danger: The landowner must either be aware of the hazardous condition or should have reasonably been aware of it. This implies a duty to regularly inspect the property and address any safety concerns as they arise.

Who Can Be Responsible for a Slip and Fall Accident?

In slip and fall cases, various parties may be liable for accidents on their property, including landowners, tenants, contractors, and property managers, collectively referred to as “owners.” These parties must maintain safe environments for visitors with reasonable care. This includes regular inspections, addressing hazards like wet floors, and ensuring proper lighting in common areas. Neglecting this duty of care may lead to legal repercussions for the landowner if a visitor is injured due to a hazardous condition.

How Long Do You Have To File a Legal Claim?

In Georgia, if you sustain injuries from a slip and fall accident—whether in a grocery store, a restaurant, or on someone else’s property—it is important to understand the legal timeframe, known as the statute of limitations, that governs your ability to seek compensation.

According to Georgia law, you have two years from the date the accident occurred to initiate legal proceedings. Should you fail to do so within this period, you could lose your right to pursue a claim for damages. As a result, timely action is critical.  

Reach Out To Us Today To Learn More About Your Legal Claim

If you suffered harm in a Georgia slip and fall accident and want to better understand your legal options, contact Richard D. Hobbs & Associates today. As you rest and heal, our skilled legal team can manage your claim and fight for the financial damages you deserve.