The concept of “comparative negligence” looks at whether the victim had good reason to be at the location where the dangerous conditions existed, if a responsible person could have observed and avoided it, if any prior notifications of the conditions existed, and if the victim was distracted for some reason.With winter in full force, even here in Atlanta, property owners ought to be diligently ridding their driveways, sidewalks, steps, patios, etc of hazardous ice and snow. Property owners who ignore this, open themselves up to the possibility that someone will slip on their property, and ultimately file a suit against them in a slip and fall litigation. Similarly, pedestrians have an equal responsibility to observe their surroundings, and equip themselves with appropriate winter footwear in order to avoid these accidents from happening in the first place.
What is a “Slip and Fall Injury”
The term “slip and fall” is used to describe an injury that happens when someone slips, trips, stumbles, and then falls, due to hazardous conditions on another party’s property. Ice and snow on the property is a leading cause of slip and fall injuries.
Some “Slip and Fall” Accident Statistics
- It is the leading cause of spine and back injuries in the U.S.
- Leading cause of non-fatal injuries to children, 14 and under
- Leading cause of injuries leading to death in seniors
Who is Liable in a “Slip and Fall” Case?
While it’s likely that damages will be recovered for the person filing, this is certainly no guarantee. Unfortunately, there is no precise formula that can be used to determine when the property owner is responsible if you slip. It really all depends on whether the property owner took responsible actions so that slipping would be unlikely, and whether you were careless in not seeing the icy ground (for instance) that caused your injury. It’s important to seek the advice of a slip and fall injury attorney in Atlanta to help you with this.
Under the field of law known as “premises liability,” property owners and businesses have a duty to provide a safe environment (for example, removing snow and ice from their property). If they fail to do so, and someone is injured on their property, they may be held liable for…
- medical expenses
- lost wages
- pain and suffering they may have caused the victim
Proving That the Property Owner is Liable
The slip and fall attorney must show that…
- the property owner knew or should have known about the icy/snowy conditions on their property
- the property owner had a reasonable amount of time to remove the snow and ice, but did not
The concept of “comparative negligence” looks at whether the victim had good reason to be at the location where the dangerous conditions existed, if a responsible person could have observed and avoided it, if any prior notifications of the conditions existed, and if the victim was distracted for some reason.
If you’ve been the victim of a slip and fall injury due to bad winter conditions, or otherwise, don’t hesitate to contact the Bruce A. Hagen, you’re premier personal injury attorney in Atlanta.