Can I Sue if I Fall in Front of a Store?
Personal injury law involves cases regarding injuries sustained in slip-and-fall incidents. If you slip and fall on commercial or private property in Georgia and get hurt, you can file a claim for damages. This includes falling inside or in front of a store (outside).
For a successful personal injury claim due to a slip and fall, the injured party must prove their fall was not their fault but the consequence of a hazardous condition, such as objects in the way or a wet floor.
A slip-and-fall injury claim can be complex, but an experienced lawyer can help you evaluate your case and tell you if you have a good chance of winning.
Not All Falling Accidents Require Lawsuits
Usually, filing a lawsuit is unnecessary in many situations because a claim against the store’s liability insurance alone can get you the compensation you need for your injuries. However, limits exist. How the slip-and-fall occurs affects whether you can recover money.
At Conley Griggs, our professional legal team knows how to file a claim and what damages are compensable. Plus, threatening to sue with the help of a powerful lawyer is often enough to get the negligent party and insurance company to negotiate a fair settlement.
Still, this does not guarantee compensation. Insurance companies are known to fight hard during negotiations and use many tactics to get you to settle for less. So, if you want a fair resolution to your case and fair compensation for your pain and suffering, you should hire an experienced lawyer.
Conditions Apply
Georgia law (OCGA §51-1-6) allows you to sue for negligence. To qualify, you must meet three conditions:
- You slipped in the store due to a hazard.
- The shop knew of the unsafe situation yet did nothing.
- If the establishment did not know, they should have.
The last condition is often the hardest. Most property owners will fight the case by saying they were unaware of a hazard. Examples of situations when they “should have known” include:
- Not fixing damaged or uneven pavement
- Not posting a sign near a wet floor
- Not taking weather precautions, such as keeping entrances dry on a stormy day
- Unmarked steps
- Loose stair handrail
Any time a store has a hazard it should have addressed out of a duty of care but has failed to, it is “negligent,” which indicates its owner is accountable for your injuries.
Tips for Filing a Claim
- Photograph the risky condition and injuries.
- Make a detailed report of the event’s circumstances and property.
- Get names and statements from witnesses.
- Inform the store owner immediately.
- Go to a doctor and keep track of your medical care, saving all receipts.
- Consult a slip-and-fall lawyer, because it is difficult to proceed without one. Unfortunately, stores and insurance providers are well-versed in the law and will find every loophole to avoid paying you.
Calling a Georgia Premises Liability Lawyer
Contact Conley Griggs Partin LLP for free legal advice about your injuries. We work on contingency, so we only get paid if you do.
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