Building maintenance is a very important issue in the State of Georgia. An improperly maintained building with accident-inducing hazards can be dangerous for both the building’s residents and its visitors.
Unfortunately, many building owners fail to comply with safety regulations and do not address the hazards in their property; often leading to residents, visitors, and workers slipping on or tripping over something, falling, and getting injured.
Georgia offers such victims of negligence-induced accidents a way to claim compensation from the building owner. This is called the Slip and Fall liability.
Slip and Fall eligibility rules in Macon
The Slip and Fall Macon GA liability law applies to both Government-owned properties and private premises. It can be exercised by:
- Invitees: People who have been invited to the property by the owner for a particular work or business reason.
- Licensees: People who are known to the building owner and have been invited by him/her for a social reason (friends and family).
The Slip and Fall Macon GA law cannot be exercised by:
- Trespassers: People who enter the property illegally.
Exercising Slip and Fall Macon GA
In order to claim Slip and Fall damages, the victim or a representative of the victim must prove the following:
Legality of entry
The claimant must show that he/she was an invitee or a licensee on the property and that he/she did not trespass on the property and injure himself/herself.
Presence of the hazard
According to the Slip and Fall Macon GA law, a hazard can be any of the following:
- Icy walkways
- Snowed-in pathways
- Slippery floors
- Broken tiles
- Uneven floors
- Debris on the ground
- Potholes and cracks on the ground
The claimant has to show the court that any one or few or all of the above hazards were present on the property and that the accident was caused due to these hazards. In order to evidence this claim, claimants can show how:
- The building was in an unsafe condition.
- There was an absence of hazard warnings on the property.
- The building owner was aware of the hazards but had done nothing to repair the property.
A link between the hazard and the fall
Not all falls occur due to hazards in a building. A person might slip and fall on a perfectly dry non-slippery floor if they were wearing shoes that have worn-out soles. In this case, there are no grounds for the owner’s liability.
In order to claim damages, the claimant has to show the court the relationship between the fall and the hazard. In typical Slip and Fall Macon GA cases, a doctor’s expert testimony is used or the testimony of other people who have slipped and fallen due to the same hazard.
The severity of the injury
Another important proof the claimant has to provide in order to be eligible for liability compensation from the building owner is the severity of the injury. The claimant can offer evidence of:
- Loss of pay during the recovery time.
- Medical expenses – medication, equipment, therapies and so on.
- Loss of potential earning capacity.
- Increase in accident-related bills and expenses.
These indicate that the slip and fall caused due to the building owner’s negligence, has had an irreversible negative toll on your life, and can help turn the case in your favor.
Contact a Slip and Fall Macon GA lawyer for representation.