Here, we\u2019ll talk about some of the common causes of slip and fall cases. We\u2019ll also touch on the type of injuries each case usually causes.<\/p>\n
What Qualifies as a Slip and Fall Case?<\/h2>\n
Anytime somebody falls and hurts themselves, it\u2019s considered a slip and fall. You don\u2019t technically need to slip. If you\u2019re on someone else\u2019s property and fall, they will probably be liable for your injuries.<\/p>\n
As Marietta slip and fall attorneys, we see more than our fair share of these cases. Some of the more common types of slip and fall cases include the following:<\/p>\n
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- A person is at the grocery store and slips on a wet floor<\/li>\n
- You could be walking through a construction site and fall in a hole or trip over a piece of equipment<\/li>\n
- You could walk through a parking lot and fall in a hole that should\u2019ve been filled in<\/li>\n
- A person could be at a friend or neighbor\u2019s house and fall on a piece of loose carpet<\/li>\n<\/ul>\n
Of course, there are many other ways a person could suffer a slip and fall. These are just some of the more common ways. Regardless of how your accident happens, there\u2019s a good chance you\u2019re going to need a Marietta slip and fall attorney. They can help prove the defendant was negligent and get you compensation for your injuries.<\/p>\n
Your Marietta Slip and Fall Attorney Will Have to Prove Negligence<\/h2>\n
If you do get hurt in a slip and fall accident, you may be entitled to damages. In order to collect any compensation, you have to prove the defendant was negligent. This isn\u2019t as easy as it sounds. You would think that the property owner would be automatically responsible for any injuries that occur on their property. That isn\u2019t the case.<\/p>\n
In order to prove negligence, your personal injury attorney in Marietta, Georgia is going to have to demonstrate the following:<\/p>\n
Duty of Care<\/h3>\n
Proving the defendant owed you a duty of care is usually simple. Every property owner is required to keep their premises safe. If they are aware of a condition that is unsafe and they fail to correct it, they can be found liable for any injuries. The same is true for someone who owns or rents a residential property. Just because someone isn\u2019t a business owner, that doesn\u2019t mean they\u2019re off the hook.<\/p>\n
Breach of Duty<\/h3>\n
You have to show that the defendant breached their duty of care. If a property owner is aware of a dangerous condition and fails to fix it, they will be held liable. The same is true if they tried to correct the issue but did a poor job.<\/p>\n
For example, imagine you\u2019re at a person\u2019s house for a birthday party. You trip and fall on a piece of carpet thread on their living room floor. If they say they tried to fix it, or you can tell they covered it up somehow, they may still be held liable.<\/p>\n
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<\/a><\/p>\nDamages<\/h3>\n
Your personal injury attorney in Marietta, Georgia is going to have to prove that you were injured. One thing we always tell our clients is that it\u2019s not enough that you were involved in an accident. If you weren\u2019t injured, you have no standing to sue.<\/p>\n
Causation<\/h3>\n
The last thing you\u2019ll need to prove in a negligence action is that your injuries were caused by the defendant\u2019s actions \u2013 In other words, if your injuries were caused by something other than your slip and fall, you can\u2019t collect damages. It\u2019ll be your attorney\u2019s job to prove this element.<\/p>\n
Once you\u2019ve proven negligence, it shouldn\u2019t be hard to convince the defendant to settle.<\/p>\n
You Will Have to Name the Property Owner and Their Insurance Carrier in Your Lawsuit<\/h2>\n
One thing you need to keep in mind is that you\u2019re not just pursuing the defendant. You\u2019re also pursuing their insurance company. More often than not, the property owner won\u2019t have to pay anything out of pocket. They pay for insurance for this reason. This is especially true for a commercial property owner.<\/p>\n