Finding Justice for Lawrenceville Slip and Fall Victims
Depending on where it occurs, a slip and fall accident can result in severe injuries that require a significant amount of medical treatment, physical therapy, and time away from your job to attend medical and physical therapy appointments.
Unfortunately, in most cases, the slip and fall accident was totally preventable, had the property owners paid proper care and attention. When a slip and fall accident due to a property owner’s negligence injures a visitor, the visitor may file a claim or lawsuit against the negligent owner or entity. As part of this claim or suit, the accident victim can request monetary compensation or damages for everything that they had to suffer due to the accident.
If a property owner’s negligence led to a slip and fall accident that injured you or someone you love, it is essential to have a knowledgeable team of attorneys on your side advocating for your legal interests as soon as possible. In Georgia, slip and fall accident victims only have two years from the date of their fall injuries to file a lawsuit in a Georgia court, absent some very limited circumstances. If a victim does not file a lawsuit within that two-year time period, the accident victim forever waives their right to pursue and recover monetary compensation for injuries arising out of that specific slip and fall.
The Lawrenceville premises liability lawyers at Brauns Law Accident Injury Firm can investigate your slip and fall incident and determine how it occurred. Our knowledgeable legal team may then file a claim or lawsuit against the property owner on your behalf.
Where Slip and Fall Accidents Most Commonly Occur
Lawrenceville slip and fall accidents can occur almost anywhere, both indoors and outdoors. Indoor slip and fall accidents typically happen in areas where a property owner has failed to clean up a liquid spill within a reasonable period of time. This type of accident commonly takes place in a restaurant or grocery store, where foods and liquids are present. In other instances, a person may have carelessly left an obstacle in the middle of a walkway, but the premises owner did not promptly remove it.
Slip and fall accidents are also common on indoor staircases, especially ones where the flooring or carpeting is loose or poorly maintained by the property owner. Additionally, indoor slip and fall accidents are common in nursing homes and assisted living facilities where the facility staff does not adequately clean or regularly maintain the property.
In outdoor areas, slip and falls can occur on driveways, sidewalks, patios, parking lots, parking garages, staircases, and other surface areas that produce cracks and spalling (where water pushes up pieces of concrete on which a person can trip). Moreover, areas that are not well lit can cause people to trip and fall on a poorly maintained outdoor surface.
Slip and fall accidents can occur on both private properties and on properties that are owned by businesses. If a slip and fall accident took place on one of these properties and injured you or someone you love, the Lawrenceville slip and fall accident lawyers at Brauns Law Accident Injury Firm may assist. Our legal team will investigate the area where your fall occurred and the circumstances surrounding your fall. We will also speak to any witnesses present at the time of your fall, as well as view any video footage of the fall (such as on a closed-circuit television system).
Common Injuries Suffered in Lawrenceville Slip and Fall Accidents
Slip and fall accident victims typically do not have any protective covering or shell surrounding them at the time when they sustain their fall. This lack of protection can result in a direct impact with the ground and potentially severe injuries. The types of injuries that a fall victim suffers often depend upon the mechanics of the fall and how the victim lands on the ground. For example, if the fall victim goes straight down, they may suffer an injury to their knees, legs, feet, or ankles. If the accident victim lands in a sitting position, they may sustain an injury to the back.
Older individuals are especially susceptible to fall injuries and often stand to suffer the most from a fall. If these individuals sustained a severe injury from a fall, such as a broken hip, the injury might confine them to a bed or wheelchair as a result. This confinement could last for the remainder of their lives.
Some of the most common injuries associated with fall injuries include the following:
- Soft tissue injuries – If an accident victim sustains an injury to a muscle or muscle group, it will likely be a contusion, sprain, or strain.
- Fractures – A fall accident may lead to a victim breaking one or more bones, such as a patella fracture or an ankle fracture
- Traumatic head and brain injuries – These injuries can occur when a fall victim strikes their head or neck. Traumatic head and brain injuries can lead to a variety of symptoms, including short and long-term memory loss, internal damage to the brain (such as from a brain bleed), and even more severe injuries, such as a coma, permanent vegetative state, and even death.
- Spinal cord and back injuries – When a fall victim lands on their back, the fall victim may sustain an injury to the spinal cord. In the worst cases, a spinal cord injury can lead to partial or complete paralysis that may cause an inability to function. Complete paralysis occurs when the fall victim can’t move any of their arms or legs. Partial paralysis occurs when the fall victim can control one or more arms or legs but not all of their four limbs.
- Rotator cuff injuries – Rotator cuff injuries can occur when a fall victim lands on one of their shoulders. When an accident extensively damages a rotator cuff, surgery is usually required to repair and correct it.
Injuries that result from a fall accident can be painful and may require a significant amount of medical treatment to correct. In some instances, the accident victim may need to have a costly medical procedure done, such as surgery. At other times, the fall victim may need to seek out pain management and receive injections (usually epidural injections). The costs of all related medical treatment and therapy are compensable in slip and fall cases.
The experienced Lawrenceville slip and fall attorneys at Brauns Law Accident Injury Firm will do everything they can to help you maximize the monetary compensation that is available to you in your slip and fall accident case.
Duty of Care Owed by Property Owners to Visitors
The specific duty of care that a premises owner owes to a visitor on the property varies, depending upon the visitor’s status on the property at the time the slip and fall accident occurs.
The duties of care owed by property owners to visitors who are present on the property at a given time include:
- Duties to business invitees – Business invitees are individuals who are visiting a personal or business property to further the property owner’s business interests. The most common example of a business invitee is a customer at a shopping mall or store. Since business invitees are on the premises to benefit the property owner, the owner owes an invitee the highest possible duty of care. Specifically, the owner has a duty to repair dangerous conditions on the property or warn visitors about them. These would be dangerous conditions that a visitor to the premises would not be likely to discover upon a reasonable inspection. Moreover, the owner also has a duty to inspect the property regularly for underlying or unknown dangerous conditions (accidents waiting to happen).
- Duties to licensees – Licenses are individuals invited onto the premises for a reason that does not further the business interests of the property owner. Social guests who are visiting someone’s home for dinner are a typical example of a licensee. Even though guests are not on the owner’s property for a business purpose, property owners still owe them a duty of care to warn about (or repair) dangerous conditions on the property of which the property owner is aware but which the visitor is not likely to discover upon a reasonable inspection.
- Potential duties to trespassers – Trespassers are individuals who are on a piece of land or property without the owner’s knowledge or permission. Generally speaking, a property owner does not owe a trespasser a duty of care. However, that may not be the case if the trespasser is a “known trespasser,” such as a child who frequently visits the premises even though they are not really supposed to be there. Many courts would say that a property owner does owe some duty of care to a known trespasser.
A person’s status or classification on a piece of property can change quickly. As a result, the duty of care the property owner owes to that individual may also change. For example, a customer at a store may start off as a business invitee, but should they enter an area only for employees of the store, their classification may change from that of an invitee to a trespasser.
Proving that a Premises Owner or Operator Was Negligent Under the Circumstances
Proving that a premises owner or operator breached the applicable duty of care in a slip and fall case is a multi-step process. When it comes to pursuing a negligence claim in a slip and fall accident case, the fall victim has the burden of proof. Specifically, the fall victim must demonstrate that the owner of the property where the accident occurred owed them a duty (that the fall victim was an invitee, social guest, or known trespasser on the subject property, for example).
Moreover, the fall victim must establish that the property owner violated the duty of care that they owed to the victim, such as by failing to inspect the property regularly, or by failing to warn about or correct a condition on the premises that was both known and dangerous.
The fall victim also has to demonstrate that it was the premises owner’s violation of the applicable duty of care that led to the slip-and-fall accident. The victim must demonstrate that they sustained at least one injury and that the accident was a cause of the injury or injuries the fall victim suffered.
Pursuing Compensation from a Negligent Property Owner
Potential monetary compensation in Lawrenceville slip and fall accident cases varies significantly, depending on the type and severity of the injuries that the victim sustained in the accident.
In short, as a result of the injuries they suffered, slip and fall accident victims may be in a position to pursue the following types of monetary compensation:
- Medical bills
- Lost earnings
- Out-of-pocket expenses
- Pain and suffering
- Lost earning capacity, such as future lost wages
- Loss of life enjoyment
- Permanent disability
- Loss of the ability to use a particular body part
- Loss of spousal companionship and support
Talk to an Experienced Lawrenceville Slip and Fall Lawyer About Your Legal Matter Today
Navigating the complicated aftermath of an accident can be a challenge, but the skilled team of lawyers at Brauns Law Accident Injury Firm can assist you throughout every stage of your slip and fall claim or lawsuit arising from your slip and fall accident. Our legal team will vigorously protect all of your legal rights and fight for your legal interests in court.
You should never wait to learn about your legal rights and options following a slip and fall injuries. For a free case evaluation and legal consultation with an experienced Lawrenceville personal injury lawyer, please give us a call at (678)-647-1314 or contact us online for more information.
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Brauns Law, P.C.
892 legacy park Dr.
Lawrenceville, GA 30043