Do I Have a Claim if I Fall on Public Property?
If you fell on public property or at a business or school, and your fall was caused by the property owner or manager’s negligence, you can file a premises liability claim and seek compensation for the losses you suffer. Such claims are legally challenging, and having the skilled legal guidance of an experienced Georgia premises liability attorney in your corner is an important first step.
The Necessary Elements of Your Premises Liability Claim
If you slip and fall while you are out and about tending to all the errands that you run in a day, you can suffer serious injuries that can lead to long-term losses. This makes it important to know your legal rights, which are outlined by the primary elements of premises liability claims.
You Were Owed a Duty of Care
When you are in a store, an office, a medical facility, or any other public venue, the owner or manager owes you a duty of care. This means that they are required to employ the same reasonable level of care that other reasonable property owners must provide under similar circumstances. This is true as long as you are there as a customer, client, or guest, which means you are on the premises legally.
This Duty of Care Was Breached
To bring a successful premises liability case, you must prove that the property owner or manager failed to live up to the duty of care they owed you. Slip and fall accident claims often relate to factors like the following:
- Spills that are left unattended
- Uneven walkways
- Poorly lit walkways
- Bunched, torn, frayed, buckled, or otherwise worn floor coverings
- Overly slippery flooring, such as highly polished marble
- Poorly designed, constructed, or maintained stairways
- Tripping hazards, such as debris that isn’t cleared
If the property manager fails to address the concern in question to the same degree that others would have, this element is met.
The Breached Duty of Care Was the Direct Cause of Your Fall
The property manager’s breached duty of care must have been the direct cause of your fall, such as if you slipped on a spill that wasn’t cleared away, fell, and were injured.
Damages
And finally, you must have suffered legal damages as a result, which can include:
- Medical bills that reflect current and ongoing healthcare needs
- Lost income that can include lost earning potential
- Physical and emotional pain and suffering, which can eclipse your other categories of loss combined
Turn to An Experienced Georgia Premises Liability Attorney for the Help You Need Today
The formidable premises liability attorneys at Banks, Stubbs & McFarland – proudly serving Forsyth and Gwinnett Counties and surrounding areas – have a wealth of experience guiding challenging slip and fall accident claims toward favorable resolutions that support our valued clients’ fullest recoveries, and we welcome the opportunity to also help you.
The outcome of your claim is key to your recovery, so please don’t put off reaching out and contacting us online or calling 866-455-4701 for more information about what we can do for you today.