Slip and Fall Injury Lawyer in AtlantaGet answers. Get help.
Often, many people are unaware of how serious a slip and fall injury can be. This is due to the fact that many of us experience falls throughout our lives without injury, but slip and fall injuries are no laughing matter. They can lead to fractured bones, traumatic brain injuries (TBI), and in some of the most severe cases paralysis or death. According to the Center for Disease Control, one out of every five falls causes serious injuries such as broken bones or a head injury. Moreover, the CDC has indicated that over 3 million people age 65 or older are treated in emergency departments each year due to a fall, and falls are responsible for 95% of hip fractures.
Additionally, falls are currently the most common cause of traumatic brain injuries in the U.S. Due to the serious damage a fall can cause to a person’s body, Georgia law provides that landowners can be held liable for slip and fall accidents caused by a landowner’s failure to keep their property safe.
Common Slip & Fall Injuries
Slip and Fall Laws in Georgia
Georgia law separates people who come onto a landowner’s premises into three categories: invitees, licensees, and trespassers. One of the first things a slip and fall attorney will have to do when they are evaluating your claim is determine which category of visitors you fall into, because the type of visitor you are determines the degree of the duty of care the landowner owes to you, as a guest, to keep their premises safe.
Trespasser Laws in Georgia
Trespassers by definition are unwanted guests on another person’s property. As such, a possessor of land, which includes those who own, lease, occupy or hold an easement of land, doesn’t owe a trespasser a duty of care pursuant to the provisions of O.C.G.A. § 51-3-3. However, although the landowner does not owe a trespasser a duty of care, the landowner is prohibited from causing willful or wanton injury to the trespasser. Meaning, you cannot intentionally injure a person that is trespassing on your property by doing things such as setting traps for example. Although landowner’s are precluded from causing willful or wanton injuries to a trespasser, this rule does not prohibit a landowner from protecting themselves if a trespasser breaks into their home.
Licensee Laws in Georgia
The second category of people that visit a landowner property are licensees, and under O.C.G.A. § 51-3-2, a licensee is defined as:
- A person who is not a customer, servant, or trespasser
- A person who does not have any contractual relationship with the landowner
- A person who is permitted, either expressly or impliedly, by the landowner to go on the premises merely for their own interests, convenience, or gratification.
A common example of a licensee might be a guest at a party, a neighbor who stopped by to ask for some sugar or milk, or a person who enters a grocery store just to use the restroom. These are examples of people that we allow on our property, but that visit for their benefit. Landowners are only liable to licensees for willful or wanton injuries such as dog bites, failing to warn a licensee about hazards on the property, etc.
Invitee Laws in Georgia
Invitees are the class of visitors to a landowners premises that are owed the highest duty of care by the property owner. Under O.C.G.A. § 51-3-1, an invitee is described as a person that is induced or lead by the landowner, either expressly or impliedly, to come on the landowner’s property for a lawful purpose. The most common example of an invitee is someone who enters a business to purchase a product or receive a service.
Analyzing whether or not someone qualifies as an invitee really hinges on the benefit each party gains from the invitee coming on the landowner’s property. In the instance of a business, both parties are benefiting from the event, because the invitee is coming on the landowners property to purchase a product, which provides the invitee with a benefit, while the landowner benefits when the customer purchases a product or service by making a profit in most cases. As such, landowners owe invitees a duty of ordinary care to keep the premises and approaches safe. When a landowner breaches their duty of care, they can be held liable to the invitee for damages incurred as a result of the invitee being injured on the landowner’s premises.
What Type of Insurance Covers Slip and Fall Accidents?
Most businesses carry liability insurance policies that compensate an accident victim who sustains a legitimate injury on the business owner’s property as a result of the owner’s negligence for damages. However, if you are involved in a slip and fall accident, the initial costs of medical care will be incurred by you or your health insurance until a settlement or damage award has been secured. Damages that are typically awarded in a slip and fall accident are known as compensatory damages, and they can be broken down into two categories economic and non-economic damages.
Economic damages are typically awarded for things such as medical bills, lost wages, and future medical expenses. Your slip and fall accident lawyer will typically justify and prove these damages by the production of medical bills, taking testimony from your doctors, and producing past wage statements. As such, economic damages can be assigned a value in a methodical manner. In contrast, non-economic damages compensate you for pain and suffering, mental anguish, etc. Determining the value of the non-economic damages an accident victim has incurred can be complex and dependent upon the severity of the victim’s injuries.
Slip and Fall Accidents in Atlanta, GA
Being injured in a slip and fall accident can leave you frustrated, angry, and physically and emotionally damaged, which is why it is so important for you to retain the services of an experienced slip and fall accident attorney. At Cambre and Associates, our team of slip and fall accident lawyers have dedicated their career to helping accident victims like you. We understand the struggle accident victims go through after sustaining an injury that could have been avoided, and we stand ready to help you. So call our office today for a free consultation to find out how a slip and fall lawyer can help you.
These types of accidents can result in serious neck injuries, contact our team of neck injury attorneys today and get the representation and compensation you deserve.
Other Practice Areas
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Lyft & Uber Accidents
- Taxicab Accidents
- Bus Accidents
- Nursing Home & Elder Abuse
- Public Transportation Vehicle Accidents
- Premise Liability
- Medical Malpractice
- Wrongful Death
- Dog Bite
- Workers’ Compensations
- Product Liability
- Professional Negligence
Click here to learn more about our practice areas.