SLIP & FALL Accident Lawyer Serving Gwinnett County
Nobody should have to pay the price for injuries that were not their
One of the most common types of personal injury claim in Gwinnett County
is for slip and fall injuries. These accidents can result in surprisingly
serious injuries, especially if the victim damages their head or neck area.
If the injuries result from the negligence of the property owner, you generally have the right to fair compensation, including all medical expenses, lost wages, pain and suffering, and so on.
However, personal injury claims can be difficult and property owners and their insurance companies often challenge them. It is rarely straightforward to get what you deserve without a dedicated slip and fall lawyer on your side.
At the Law Office of Adam D. Brown in Gwinnett County, we will hold the responsible party liable and help you recover damages that compensate for your injuries.
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Slips and falls are “premises liability” claims in Georgia
Slip and fall claims are known as “premises liability” claims in Georgia, where property owners have a duty of care to visitors to the property.
If this duty of care is breached and results in an accident causing an injury, the victim is entitled to file a claim against the property owner — and this may apply even if he or she was on the land illegally, in certain circumstances.
Georgia premises liability laws cover three types of visitors:
- Invitees: visitors who are invited onto a property are entitled to “all ordinary care” from the landowner to prevent injury.
- Licensees: this includes people (except customers, servants or trespassers) who are permitted to go on the premises for their interest or convenience.
- Trespassers: people who enter land without permission from the owner are protected from “willful or wanton injury” caused by the landowner.
To check whether you have a valid claim for your injuries and discover your legal options, discuss your situation with slip and fall injury lawyer Adam D. Brown during an initial evaluation of your case.
What is “ordinary care” in slip and fall claims?
Georgia’s premises liability laws refer to “ordinary care”, which is a subjective term that needs clarification.
A landowner must take reasonable precautions to ensure the safety of, and prevent injury to, visitors to the property.
“Reasonable” precautions are considered to be what a similar landowner would ordinarily do in the same circumstances. This includes fixing any known hazards in a reasonable timeframe or warning visitors about unsafe conditions on the premises.
For instance, if the railings on a flight of stairs are broken, the landowner should flag this for visitors with a warning sign until the railings are fixed and made safe.
Failure to follow these guidelines can lead to claims of negligence if a slip and fall accident occurs because “ordinary care” was not taken to prevent injury. The victim can generally sue for damages.
EXPERIENCED SLIP AND FALL ACCIDENT INJURY LAWYER IN GWINNETT COUNTY, GEORGIA
If you have been hurt due to a slip & fall accident due to someone elses negligence, contact the Law Office of Adam D. Brown, LLC today at (404) 883-8893 for a confidential consultation about your case.
Common slip and fall injury cases in Gwinnett County
Slips and falls can result in wide-ranging injuries — from scrapes and bruises to permanent or life-threatening injuries.
Most commonly, we represent plaintiffs with the following types of injuries from slip and fall accidents in Gwinnett County:
- Broken limbs: arms, hands, elbows, legs, etc.
- Fractured joints: wrists, knees, hips, shoulders
- Head and spine injuries: including traumatic brain injuries
These injuries can happen almost anywhere, from stores, restaurants, bars, and shopping malls to parking lots, sidewalks, schools, and playgrounds,
After seeking medical attention, victims and their families often contact us to assess their personal injury claims. We can quickly determine whether the property owner can be held liable for the injuries because of our thorough understanding of Georgia’s slip and fall injury laws.
How do you prove a slip and fall injury?
There are several elements to proving a slip and fall injury — and the success of your compensation claim will rest on how thoroughly you demonstrate each element.
As an injured claimant, you will need to show the following:
- A duty of care was owed to you as the visitor
- You suffered an injury as a result of an unreasonable danger, which the property owner (or another liable party) knew about or should have known about
- Your injury was a direct result of the failure of the property owner (or another liable party) to reasonably protect you from this danger
Usually, this involves proving that the property owner failed to take reasonable steps to make the property safe for you as the visitor despite being aware of a safety issue or hazard on the property. However, if the defendant claims that they were not aware of the hazard or dangerous situation, it may be enough to prove that he or she should reasonably have been aware of it.
Every slip and fall case is somewhat unique. It is important to discuss the details of your case with a qualified slip and fall lawyer before drawing any conclusions or deciding on legal steps.
After careful assessment of the details, you will understand your legal options and be able to decide whether to file a premises liability claim to recover damages.
Statute of limitations for premises liability in Georgia
Under Georgia’s statute of limitation laws for premises liability, you have two years from the date of an injury to file a premises liability claim.
After this period has passed, you generally lose the right to file a claim so it is important to assess your legal options as soon as possible after a slip and fall injury.
Statute of limitations for children/legally incompetent people
If a premises liability case involves a child or legally incompetent person, the statute of limitations is more flexible:
- If the injured party is under the age of 18 at the time of injury, the statute of limitations starts at two years from their18th birthday. However, the parents of the injured party must file a claim within two years of the accident to recover medical costs.
- If the person is legally incompetent (e.g., through a mental deficiency, psychosis or illness), the statute of limitations is “tolled” until the victim regains competency.