The State of Georgia has robust laws, designed to protect residents from negligent practices exhibited by building owners. One such law under the Premise Liability is called the Slip and Fall.
What is Slip and Fall?
There are times when we slip, fall and injure ourselves. Sometimes, the cause of the fall may be our own lack of attention and the result, a minor scrape or bruise. But other times, the fall may be due to negligence on the part of the owner of the property and the result may be a grievous or life-threatening injury.
In these cases, when you are not at fault for your slip, fall, and injury, you can claim damages from the owner or administrator of the property for failing to create a safe environment on the premises. The law that deals with these types of claims is called the Slip and Fall.
Four requirements of a Slip and Fall claim
In order to exercise the law of Slip and Fall Athens GA, the claimant must prove the following:
The claimant was on the property legally
Slip and Fall claims are accepted only when the claimant was:
- Invited onto the property by the owner on the grounds of work.
- A visitor to the property, as a friend or relative of the owner.
Claims by trespassers are not accepted under this law.
A hazard was present on the property
The claimant has to prove that unsafe conditions existed on the property and that the building owner had done nothing to rectify this issue. Elements like potholes, cracked tiles, slippery floors, ice or snow, uneven flooring, and debris constitute as hazards.
To prove that the property owner was negligent and he/she had consciously done nothing to remove the hazard, you can provide proof of:
- Unsafe conditions in/on/around the property – Proof of any/all of the above-mentioned hazards can be provided either through eyewitness testimony or photograph.
- Notice about the hazard from the authorities – Proof that the owner received a notice about the hazards and was given time to make repairs; however, he/she failed to do so.
- Lack of warnings about the hazard – Proof that no warning signs or notice boards were displayed on the property informing visitors about the hazards.
The claimant was injured by the hazard directly
Next, the claimant has to prove that he/she was, in reality, injured by the hazard directly, and his/her injury could have been avoided had the hazard not been present.
Proof from a medical expert is the best evidence here. You can consult a physician to investigate the link between your injury and the hazard.
The claimant suffered damages as a result of the slip and fall
Finally, the claimant has to prove what damages he/she suffered from as a result of the slip and fall injury.
To prove this, you can provide evidence of lost wages, medical bills, rehabilitation expenses, expenses of medication and medical equipment and loss of potential to earn higher in the future.
It’s best to make the claims as early as possible since the Slip and Fall Athens GA law has a statute of limitations of two years. Consult a lawyer trained in Slip and Fall Athens GA for more information.