It takes only a moment to suffer a devastating injury in a slip-and-fall accident in Duluth, Georgia, but the aftermath can disrupt your life and livelihood for months, years, or even the rest of your life. You can seek justice and accountability if someone else was to blame for the slip-and-fall accident that harmed you. Brauns Law Accident Injury Lawyers, PC, is here to help.
Our experienced legal team has a thorough understanding of Georgia slip-and-fall liability laws. We put that knowledge to work, advocating for the rights and interests of injured people in Duluth and surrounding areas of Georgia. Our Duluth slip-and-fall accident attorneys are ready to get started on your case. We will take the time to listen to your story, evaluate your situation, and build a solid legal strategy tailored to your specific circumstances.
At Brauns Law Accident Injury Lawyers, PC, we stop at nothing to seek the best possible outcome in your case. Contact our Duluth slip-and-fall lawyers today for a free consultation.
Common Causes of Slip-and-Fall Accidents in Duluth, Georgia
Slip-and-fall accidents can occur for many reasons. Many slip-and-fall accidents in Duluth are due to negligence and are entirely avoidable. A few examples of common causes of slip-and-fall accidents include the following:
- Slippery surfaces – Slippery surfaces from recent mopping or waxing, inclement weather, or spills frequently cause slip-and-fall accidents.
- Uneven or damaged flooring – Cracked pavement, potholes, loose flooring, or uneven surfaces can present tripping hazards and lead to falls.
- Poor lighting – Insufficient lighting can make it difficult for individuals to see potential hazards, increasing the risk of tripping or slipping and falling.
- Obstacles and clutter – Objects, wires, or debris left in walkways can pose tripping hazards and contribute to slip-and-fall and trip-and-fall accidents.
- Inadequate handrails – Staircases without handrails or poorly maintained handrails can make it difficult for people to support themselves and increase the risk of falls.
- Lack of warning signs – Failure to provide warning signs or barriers around potential hazards, such as wet floors or construction areas, can increase the risk of slip-and-fall accidents.
Common Injuries Suffered in Slip and Falls
Common slip-and-fall injuries include:
- Broken bones – Broken bones are common in slip-and-fall accidents and frequently occur in the wrists, arms, ankles, hips, and spine.
- Sprains and strains – Sprains occur when ligaments are stretched or torn, while strains involve the stretching or tearing of muscles or tendons. Slip-and-fall accidents frequently cause sprained ankles and wrists and strained muscles in the back and neck.
- Head injuries – Falls can result in head injuries, ranging from minor bumps and bruises to more severe traumatic brain injuries (TBIs). Even a seemingly minor slip-and-fall can cause a concussion, a type of less-severe TBI.
- Dislocations – The impact of a fall can cause dislocations, which happen when a bone pops out of its proper place in the joint. Shoulder dislocations are especially common in slip-and-fall accidents.
- Cuts and bruises – Falls can result in cuts and bruises on various body parts. Superficial cuts may require minimal treatment, while deeper cuts may need stitches to promote proper healing and prevent infection.
- Dental injuries – Falls can lead to dental injuries, such as chipped or broken teeth, broken jaws, avulsed teeth, and tooth luxation.
What To Do After a Slip-and-Fall Accident
Here is what to do after a slip-and-fall accident to protect your rights:
- File an accident report with the property owner, manager, or whoever oversees the property on which you were injured. This report will provide a detailed explanation of your slip-and-fall accident. Your slip-and-fall attorney will prepare this critical document with you.
- Follow your doctor’s recommendations. Stick to your doctor’s instructions regarding your recovery and treatment plan. Attend all scheduled appointments, follow medication instructions, and participate in recommended therapies.
- Document the incident. Record the accident details while they are fresh in your memory. Write down what happened, including the location, time, and any contributing factors that led to the slip-and-fall.
- Gather evidence. Collect any evidence that supports your case. This may include witness statements, surveillance videos, previous incident reports, and other documentation demonstrating the other party’s negligence.
- Keep a pain and symptom journal. Use a journal to document your pain levels, symptoms, and difficulties with daily life. This can help provide a comprehensive account of your physical and emotional struggles resulting from the accident.
- Limit discussions about the accident. Avoid discussing the details of the accident or your injuries on social media. The other party’s insurance company can use your statements to undercut your compensation claim.
- Consult an attorney at Brauns Law Accident Injury Lawyers, PC. Our personal injury attorneys have extensive experience with slip-and-fall cases. We can assess the strength of your case, provide legal guidance, and represent your interests in seeking compensation for your injuries.
Proving Negligence in a Georgia Slip-and-Fall Case
Georgia property owners are generally required to maintain reasonably safe conditions on their premises. If a slip-and-fall accident occurs because a property owner breaches this duty, they could be liable for injuries and damages resulting from the accident.
For your slip-and-fall injury claim to prevail, your Duluth slip-and-fall injury lawyer must demonstrate that a hazardous condition existed on the property. That you were injured does not automatically mean that your injury was caused by a dangerous condition the property owner knew about or should have known about. There must be evidence of a hazard that subjected you, the invitee, to an unreasonable risk of injury. Speculation about what caused you to fall doesn’t meet the necessary standard, so your fall lawyer needs to identify and prove the dangerous condition that caused your fall is an essential part of your case.
Once the hazard that caused your personal injury accident is established, you must demonstrate that the property owner had — or should’ve had — knowledge of this hazard when the accident occurred. You can establish this knowledge by providing evidence that employees of the property had been near the accident site and should have noticed the hazard and removed it. Another way your slip-and-fall attorney can establish this knowledge is by providing evidence that the hazard had been in place so long that, if the property owner had exercised reasonable care, the owner would have discovered the danger upon inspection of the property and should have removed it.
Regarding knowledge of the hazard, it’s important to demonstrate that you, as the invitee, had no more knowledge of the hazard than the property owner had or should have had. Your lack of knowledge of the hazard that injured you matters. A property owner can be held liable for failing to properly warn or notify visitors of possible hazards or risks.
Our knowledgeable slip-and-fall attorneys can gather the evidence necessary to prove that the property owner was negligent in failing to maintain safe conditions. The evidence may include the following:
- Photographs and videos of the scene before and after the accident
- Eyewitness testimony about the hazardous conditions, lack of warning signs, or owner’s awareness of the conditions
- Previous incident reports demonstrating the owner knew about the dangerous conditions
- Expert testimony on building maintenance, safety regulations, medical conditions, or economic impact
Compensation Available in Georgia Slip-and-Fall Lawsuits
You may be eligible for the following compensation in a successful slip-and-fall lawsuit in Duluth, Georgia:
- Current and future medical expenses related to your injuries
- Lost wages and benefits if you cannot work while recovering
- Lost earning potential if your injuries result in a permanent disability
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
Duluth Slip and Fall FAQ
Slip and fall accident victims in Duluth can sustain severe injuries. These fall injuries may result in the urgent need for medical care, physical therapy, and medical procedures like surgeries and injections. In addition, victims may need to spend some time away from their job or change jobs entirely to recover from and obtain treatment for their fall injuries. Depending upon the circumstances, missed time from their place of employment can result in a significant amount of lost wages.
If a slip and fall accident that occurred on someone else’s premises left you or someone you love injured, the experienced team of Duluth slip and fall attorneys at Brauns Law Accident Injury Lawyers, PC is here to help. Our legal team of slip and fall attorneys can assist you in pursuing the monetary compensation that you need for your personal injuries and will do everything possible to ensure that you are made whole after your accident.
If a Duluth slip and fall accident has left you injured, the statute of limitations applicable to personal injury matters comes into play. Pursuant to this statute of limitations, you have two years from the date of your accident to file a lawsuit for monetary compensation and damages arising from that accident. If you do not file your lawsuit within two years of the date of your accident, you can’t file a lawsuit for damages at any point in the future. After that, you cannot obtain an economic recovery for the injuries that you sustained in the slip and fall accident.
Two years is a relatively short period of time, and your lawyer needs to have sufficient time to identify potentially responsible parties for your slip and fall accident and file suit against them. Consequently, if you or a person you love sustained an injury in a slip and fall accident, it is essential to have a knowledgeable attorney on your side representing you from the very beginning of your legal action up through the end.
The skilled Duluth slip and fall accident lawyers at Brauns Law Accident Injury Lawyers, PC can help you file your claim or lawsuit in a timely fashion and pursue the money damages that you deserve against the at-fault party or parties.
Both indoor and outdoor slip and fall accidents can occur almost anywhere in Duluth. In outdoor areas, slip and fall accidents are especially common on pavement or concrete, especially when the premises owner or occupier does not adequately maintain those surfaces. For example, poorly maintained concrete might have large cracks or spalling that can cause a person to trip and fall. Slip and fall accidents can occur in driveways, on sidewalks, and in parking lots and parking garages that lack proper upkeep and maintenance.
Outdoor and indoor staircases are also areas where slip and fall accidents commonly occur. An accident is even more likely when carpeting on staircases is not properly secured or where a railing or banister on the side of the staircase becomes loose and hazardous.
In indoor areas, slip and fall accidents commonly take place in areas that are prone to spills, such as restaurant floors, grocery store aisles, and bathrooms. Businesses are required to keep these areas safely maintained and to promptly clean up (or at least warn about) slip and fall hazards so that patrons do not end lying injured on the floor.
Businesses are responsible for ensuring that all indoor and outdoor areas frequented by customers receive proper maintenance at all times. Moreover, if a spill or defect is detected, the business must remedy the issue within a reasonable period of time. If a person slips and falls due to a defect on the premises, the business may be liable for all of the resulting injuries and damages.
The experienced Duluth slip and fall accident attorneys at Brauns Law Accident Injury Lawyers, PC can investigate all of the circumstances leading up to your accident and can determine if you may be eligible to pursue a claim against a business (or some other individual or entity). If so, we will vigorously advocate for your legal right to recover monetary damages in your case.
When a person slips and falls on pavement, concrete, or even an indoor surface, they can suffer serious injuries, including traumatic head and brain injuries (especially when the fall victim lands directly on their head or neck), spinal cord and paralysis injuries (especially when the fall victim lands on their back), bone fractures (especially when the fall victim lands on their elbows or knees), and soft tissue injuries (such as muscular sprains, contusions, and strains), to name just a few.
Slip and fall accidents are especially debilitating for individuals who are elderly. Older people who have a severe fall may fracture a hip, an injury that leaves them totally debilitated and confined to a bed or wheelchair for the rest of their lives.
One of the main reasons why injuries resulting from slip and fall accidents are so serious is because the person involved typically does not have any protective “outer shell” surrounding them. They suffer from direct exposure to the surrounding environment and, as a result, are prone to sustaining a serious injury when their body impacts the ground directly. The nature and severity of an injury that a victim may sustain in a slip and fall accident depend upon a variety of factors, including their age, general health condition, physical shape, and the existence (or absence) of any pre-existing injury or medical conditions.
The Duluth slip and fall accident attorneys at Brauns Law Accident Injury Lawyers, PC understand the serious nature of injuries that victims may receive in a slip and fall accident. If a Duluth slip and fall resulted in injuries to you or a loved one, our skilled team of lawyers could gather all of your medical records and bills to assist you with pursuing a monetary settlement in your case. If the insurance company for the person or entity who is at fault refuses to offer you sufficient monetary compensation, our legal team can litigate your case to a conclusion and take your case to trial, if necessary.
Premises owners in Duluth owe a duty of care to individuals who are present on their properties. The highest duty of care comes from business owners towards customers who are present on the business’ premises and are there for a business purpose. In other scenarios, the exact duty of care that the premises owner owes to an individual who is present on the property depends upon the specific circumstances and reasons why the individual is present.
In the context of a business, an invitee is present on the premises to serve a business purpose. For example, a customer at a grocery store, shopping mall, or shopping center is considered a business invitee. A premises owner owes a business invitee the highest possible duty of care.
Specifically, the business owner is responsible for correcting or warning about known dangerous hazards that exist on the property. A business owner or manager must place a warning placard by a spill in a public restroom to make customers aware of the spill until an employee can clean it up. Moreover, the business owner is responsible for inspecting the premises regularly for hazards that may arise from time to time.
Unlike business invitees, a licensee (also known as a social guest) is present on the premises for a reason that does not serve a business purpose. A person who visits someone else’s home for dinner, for example, is typically considered a social guest. Much like the case with business invitees, premises owners are responsible for warning about or repairing a known dangerous hazard that exists on the premises. These are typically the types of hazards that an individual is not likely to come across during a reasonable inspection.
The final classification of individuals who may be present on someone else’s premises is a trespasser. Ordinarily, a premises owner does not owe a trespasser a specific duty of care. However, if the trespasser is a known trespasser, such as a small child who is known to wander onto the property periodically and about whom the owner is aware, the property owner may owe a duty of care.
Just because an individual enters the premises as a business invitee does not mean that their designation will remain the same for the duration of their stay. For example, if an individual goes to business premises to serve a business purpose, but later trespasses into an area where customers are not permitted, then the duty of care owed to that individual will most likely change.
If you have sustained injuries on someone else’s property in a slip and fall accident, the experienced Duluth slip and fall accident lawyers at Brauns Law Accident Injury Lawyers, PC can determine if someone owed you a duty of care and if that same someone likely violated that duty of care. Upon making that determination, your lawyer may file a claim or lawsuit against the responsible individual or entity on your behalf.
If you demonstrate that under the circumstances the premises owner owed you a duty of care and that the premises owner breached that duty of care, then you may recover monetary compensation for the injuries you suffered in your slip and fall accident.
Generally speaking, relatively minor injuries are not as compensable as serious injuries that require a significant amount of medical treatment and physical therapy. For example, a soft tissue injury that a slip and fall accident victim sustains will probably not be as compensable as a fracture, broken bone, or traumatic head injury.
In terms of economic damages, you may recover all of your out-of-pocket costs, including monetary compensation for your medical treatment, surgical procedures, injections, and other similar expenses. In addition, if you had to miss time from your work to recover from and treat for your injuries, you may file a lost wage claim as part of your case.
Furthermore, some slip and fall accident victims sustain such extensive injuries that they can’t return to their previous employment. Consequently, they may have to take a lower-paying job with reduced physical responsibilities. In that instance, the accident victim may file a claim for loss of earning capacity as part of their Duluth slip and fall case.
In addition to these economic damages, a slip and fall accident victim may recover monetary compensation in the form of non-economic damages. These types of damages include monetary compensation for pain, suffering, inconvenience, mental and emotional distress, loss of the ability to use a body part, loss of enjoyment of life resulting from injuries, and loss of spousal companionship or support resulting from the slip and fall accident.
If you have sustained one or more of these injuries in a slip and fall accident, the Duluth slip and fall accident attorneys at Brauns Law Accident Injury Lawyers, PC will do everything they can to help you obtain the compensation you deserve, by way of an out-of-court monetary settlement, alternative dispute resolution (such as mediation or arbitration), or civil jury trial, depending upon the circumstances and your specific goals.
Talk to an Experienced Slip-and-Fall Lawyer in Duluth, Georgia, Today
Don’t let a slip-and-fall accident burden you with physical, emotional, and financial hardships. Brauns Law Accident Injury Lawyers, PC, is ready to advocate for your rights and interests and fight to hold the negligent property owner accountable. Trust our experienced slip-and-fall lawyers to pursue the maximum compensation in your case.
Contact Brauns Law Accident Injury Lawyers, PC, today for a free consultation with our Duluth slip-and-fall attorneys.
