While they may be portrayed as funny in movies and on TV, accidental falls in real life cause severe injuries to thousands of Americans every year. To make matters worse, holding a landowner legally responsible for your slip or trip caused by their negligent property maintenance can be a lot harder in practice than it might seem. This is especially true if you move forward with your claim without seasoned legal counsel by your side.
Representation from a skilled Braselton slip and fall lawyer could make a huge difference in your ability to secure the best possible resolution to your unique claim. From start to finish of your legal proceedings, a dedicated personal injury attorney from our firm could advocate tenaciously on your behalf and demand the financial compensation you deserve for your suffering. We will ensure that all of your losses, both short and long-term, are accounted for. Contact Smith Hulsey today to schedule your confidential consultation.
Civil lawsuits over slips and trips in Georgia fall under a subset of personal injury law known as premises liability law. This means the vast majority of claims based on these kinds of accidents are built around the basic legal theory of negligence. Importantly, though, the specific steps to prove someone was negligent under premises liability law are slightly different, as a knowledgeable Braselton slip and fall attorney could explain.
First, the injured party must prove that the property owner or manager they want to file suit against actually owed them a duty of care. In other words, a responsibility under the law to take specific actions and minimize the risk of an accident occurring. In practice, this generally means establishing that the injured person was visiting the defendant’s land lawfully and for the landowner’s benefit, since landowners owe almost no duty of care to unlawful or unwanted visitors in most situations.
Next, the injured person must show that the defendant “breached” their duty in some way, and this breach directly led to the injured party slipping and tripping. Finally, the injured person must establish a direct connection between their unexpected fall and every compensable loss they want to recover for—for example, their medical bills came directly from injuries sustained in the fall, and their inability to work was caused directly by the healing process for those injuries.
Another crucial thing to consider when pursuing slip and fall litigation is the impact that “comparative fault” might have on recovery. Under Official Code of Georgia §51-11-7, no person who holds an equal amount or majority of total fault for causing or worsening their own damages compared to all defendants combined is eligible for any civil recovery whatsoever.
Furthermore, O.C.G.A. §51-12-33 allows courts to proportionately reduce final damage awards in value based on any lesser share of blame they assign to injured parties. Assistance from a capable attorney could be vital to fighting back against accusations of contributory negligence like this and maximizing recovery after a slip or trip and fall in Braselton.
Unexpected falls can lead to injuries with long-lasting and debilitating consequences, especially if they happen off high surfaces or cause an impact to the head or spine. Fortunately, you may have grounds to demand comprehensive compensation from a property owner if you can prove their misconduct directly caused your accident.
Retaining a Braselton slip and fall lawyer could be a critical first step to recovering effectively from your fall. Call Smith Hulsey today to discover your legal options.
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