Slip and fall cases occur when you get injured on someone’s property due to negligence or carelessness towards the danger or hazard. You can file a personal injury claim when you have a trip, slip, or fall accident on someone’s property.
Tripping, falling, or slipping on someone’s property doesn’t automatically qualify you for a personal injury claim. To file a personal injury claim, you must provide proof beyond reasonable doubt that the accident wasn’t a result of your own mindlessness, negligence, or carelessness. Follow along to learn more about these cases, including where these accidents happen and what qualifies a person to file a slip and fall case.
Qualifications for a Slip and Fall Case
Some factors that qualify a typical slip and fall case include:
- Injury or death: There must be an injury or death for you or your family to file a personal injury claim over tripping, falling, or slipping on someone’s property
- Location: It must be on the defendant’s property for you to sue for carelessness and negligence.
- Negligence: Negligence means proving that the property owner (defendant) had every opportunity to prevent the accident from happening on their property but neglected to do so.
- Ownership: The property or location must be rented, leased, or owned by the person you’re suing. You can’t sue someone else for a slip-and-fall accident that did not happen on their property.
Where do Slip and Fall Accidents Happen?
Slip and falls can occur on any surface in a variety of places, which include:
- Work building
- Open spaces like parks, restaurants, shopping centers, and grocery stores
- Apartment building
- Stairs
- Escalators
- Parking lots
- Balconies
- Job sites
- Sidewalks
Reasons People Slip and Fall
Many things can cause a person to slip and fall, some of the most common being wet or broken surfaces. Some of the other reasons are as follows:
- Potholes
- Cracks
- Missing steps
- Oily or greasy surfaces
- Loose rugs or carpets
- Incomplete or cracked sidewalks
- Rusty, missing, or faulty handrails
- Missing danger signs
- Exposed cables
- Snowy surfaces
- Inadequate lighting
- Broken escalators
The reason why someone slipped, tripped, or fell is the exact reason why they should consider filing a claim against the property owner. Knowing that the property owner could have taken action to prevent an accident but didn’t is enough reason to file a slip and fall claim.
Georgia’s Statute of Limitations for Slip and Fall Cases
Suppose you intend to file a personal injury claim due to a slip or fall accident. In that case, you should immediately file a claim due to Georgia’s statute of limitations.
Statutes of limitations indicate a certain number of years (or deadline) to file your claims. And in the state of Georgia, you have two years from the date of the injury to file a personal injury claim. Failure to do so, in your case, will render your claim null and void.
Compensation for Slip and Fall Cases
As common as slip and fall cases are, proving that you have a claim for compensation (damages) can be complex. First, you must prove negligence on the property owner’s part to have a case. After that, you must prove that the property owner is directly responsible for your injury. But before you do, you must prove that you were hurt due to the property owner’s negligence.
Additionally, having eyewitnesses who were present during the accident and can back up your claim is beneficial. You also need solid evidence proving that the property owner had enough time to fix whatever made you slip, trip, or fall.
Like other personal injuries, your damages can be paid out monetarily if you can prove the defendant’s negligence caused the following:
▪️ Loss of ability to earn a living
▪️ Loss of wages
▪️ Pains and discomfort
▪️ Incurred medical bills
Have more questions? Reach out to a trusted lawyer who’s known for helping clients win slip-and-fall cases in Georgia. Book an appointment to learn more and to understand your next steps.