slip and fall
Slip and Fall Accidents
Each year, many thousands of people are injured due to slips and falls on wet floors, rough patches of ground, or defective stairs. The property owner is sometimes responsible for the accident. Property owners need to be diligent in keeping up their property. However, in other cases, the property owner cannot be held responsible for slip and fall accidents.
How Do You Determine Liability for a Slip and Fall Accident?
In order for a property owner to be held responsible for a slip and fall, at least one of the following items must be true:
- An employee on or owner of the property caused the spill, slippery or dangerous surface, or worn or torn spot to be underfoot.
- An employee on or owner of the property knew of the dangerous surface but didn’t do anything about it.
- An employee on or owner of the property should have known of the dangerous surface because a “reasonable” person would have.
Slip and Fall Spotlight: Condos and Apartments
In apartment buildings and condos, slip and fall accidents are common. Whether it’s uneven flooring, objects left in the hallways, slippery walkways, or other dangerous conditions, apartment owners have a duty to keep their property safe.
Condos are slightly more complicated. Condo owners are responsible for anything that happens on their property. However, if you have been injured in a common area, you may be entitled to compensation.
For a home owner’s association to be held responsible, the following must be proven:
- Your contract states the HOA has a duty to take care of the common area.
- This duty was breached by the HOA (i.e. they knew about the dangerous condition and did nothing about it).
- The breach of duty led to your injury or injuries.
Dealing with Georgia Insurance Companies with Slip and Fall Cases
If an injured person voluntarily walked into a dangerous condition, a property owner may not be held responsible for the dangerous conditions under the law. Due to this, many insurance companies for owners of property will attempt to avoid liability and claim that the victim could have avoided the dangerous condition. Before you speak to any insurance companies, it is imperative that you contact a slip and fall attorney.