You can slip and fall in the blink of an eye, but your injuries could leave you in pain and out of work for weeks or even months. When your fall happens on someone else’s property, their negligence could be the cause.
If so, we may be able to recover damages, such as medical bills, lost income, and more.
Do You Need the Help of a Gwinnett County Slip and Fall Accident Attorney?
A slip-and-fall lawyer can help to ensure that you understand what happened, what your damages are, and your options for pursuing compensation. Here are some of the ways we can assist you:
Determining What Caused Your Fall
Frequently, clients tell us that they don’t know why they fell. They may even say, “I must have tripped over my own feet,” or something similar.
It’s easy to assume your fall was a simple accident or your own fault when you don’t know what happened, and it can be hard to know what happened.
Falls happen quickly and are very disorienting. You might have been distracted by your injuries and the need for medical attention.
We always recommend taking pictures of the area where you fell after the accident, but we realize this advice isn’t as helpful to someone whose injury happened a few days or weeks ago. We also understand that sometimes an injured person isn’t able to take pictures due to being in pain.
However, we may still be able to learn more about your accident even if you didn’t have a chance to take photos. Our investigators can visit the scene to observe if there are still any hazards present (sometimes there are, but sometimes the owner may have repaired them after the incident).
We’ll also canvas the neighborhood, talking with people who live or work there and looking for potential witnesses. Additionally, we seek out photo or video evidence from nearby cameras—these days, we may find evidence from a traffic camera, security camera, or even a doorbell camera.
Searching for Evidence of Negligence
This step is crucial. If we find evidence that the property owner’s negligence caused your fall, we can file a claim and work to recover your damages.
We know that the medical bills, missed days at work, and other losses associated with a slip and fall injury can put you in a precarious financial situation, and we’ll do everything we can to secure the compensation you deserve.
Calculating Your Damages
In some cases, the injured person will file an insurance claim with the property owner’s insurance and receive an offer. They may also receive a claim denial, which we’ll discuss later.
If you receive such an offer, we advise you to review it with an attorney before you accept, even if it sounds fair. The reason is that an insurance company’s first offer frequently undervalues the injured party’s claim.
For instance, it might only cover your current medical bills and lost time at work. But what if you need more medical care in the future?
What if your injuries lead to chronic pain, and you have to keep seeing a doctor, chiropractor, or physical therapist regularly? What if your chronic pain eventually prevents you from working or forces you to take a less physically demanding job?
Chances are, the insurance company’s initial offer will not compensate you for these eventualities. It also may not address other damages like your pain and suffering, associated out-of-pocket expenses, and permanent disability.
Your slip and fall accident lawyer will carefully calculate your current damages, ensuring nothing is overlooked. If you are still in treatment, we will wait until we’re confident it’s complete to settle your case.
Or, if it appears you will need long-term care, we can estimate your future costs so you will have enough to cover them.
What if Your Slip and Fall Claim Was Denied?
If you’ve filed a claim and received a denial, please speak with an attorney right away. The most common reason is that the insurance company believes you were at fault or the property owner was not negligent.
We will investigate what happened and consider the evidence—if you have a strong case, we can appeal the decision and negotiate with the insurance company for a fair settlement.
What Makes a Property Owner Negligent in a Slip and Fall Case?
To prove negligence, we need to show that the property owner had a duty of care, that they failed in that duty, that you suffered injuries due to their failure, and that you have damages because of those injuries.
Let’s start with the duty of care. This typically refers to an expectation of taking reasonable steps to prevent harm to others.
Regarding property owners, the duty of care usually includes repairing hazards on the property or warning guests about them. In some instances, it may also mean restricting areas of the property with an inherent hazard.
If the property owner is aware or should be aware of a hazard on the property, they have a duty to fix it or provide some form of warning (such as a “wet floor” sign) within a reasonable time frame. In many businesses, the property owner delegates to a manager, but if this person or team fails to address hazards on the property, ultimately, the owner is still responsible.
Here are some examples of common potential slip-and-fall hazards you might encounter at a business:
- Spilled drinks/ceiling leaks/puddles. When a company’s employee becomes aware of a spill or wet area on the floor, they should clean it up and place a “Wet Floor” sign. The main issue here is how long the puddle was on the floor and if the business’ staff should have known and cleaned it up. If a kid spills their milkshake on aisle three of the grocery store and you slip on it two minutes later, it’s unlikely that the store was negligent. On the other hand, if the spilled milkshake had been there for two hours before you slipped, you would expect that store staff would have noticed or been informed by a customer and taken action.
- Loose or damaged floor tiles. Problematic floor tiles often look normal unless you examine them closely, but they can move under your weight. Or, the corner of the tile might be just high enough to catch on your shoe, causing you to trip and fall. The property owner has a responsibility to glue down or otherwise fix or replace the damaged tile so that no one gets hurt. If it can’t be fixed immediately, a warning notice or blocking off the area may be adequate.
- Carpet issues. Carpets with snags, holes, or tears can also catch on shoes, causing you to take a tumble. Throw rugs and entryway mats may also prove hazardous if they get bunched up or one corner flips back. Property owners should monitor their carpets and handle any potential problems.
- Items or debris on the floor or ground. If the property owner leaves items lying around that cause you to trip, they could be negligent. People working outside on a property should try to pick up their tools as often as possible. They should also keep an eye out for guests and let them know to “Watch out for the rake,” etc. Children’s toys are another common hazard.
- Stairwells. On average, more than a million people suffer stair injuries each year, and there are multiple causes for these falls. First, stairwells should be adequately lit—if a guest misses their step because they can’t see where they’re going, the owner might be negligent. Owners should also check on the steps periodically for signs of damage. Frequently, carpeted stairs become worn, particularly in the middle, and these worn spots may be slippery. Other stairs have a rubber bumper on the edge of each stair, which can become loose, posing a hazard.
- Snow and ice. If the property owner or renter is responsible for the sidewalks and parking lots outside of a business, they might be liable if a person slips and falls on the ice. However, it will be necessary to show that the owner or manager knew of the hazard and chose not to act. Sometimes, this is difficult to prove, but we will work to uncover any evidence available.
- Lawn issues. In some cases, people trip or turn an ankle on an unexpected hole or divot in the grass or another hazard. Owners should fill in divots or place a sign warning people away if they know of an issue.
If you aren’t sure you have evidence in one of these situations, please speak to a slip-and-fall lawyer right away. In many circumstances, our skilled investigators can find more evidence to support your claim.
How Can You Get Help From a Gwinnett County Slip and Fall Accident Law Firm?
Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation. We’ll review your case, answer your questions, and lay out the options for moving forward.
There is no obligation, and if we take your case, you won’t owe us anything until we win or settle it.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm, and it soon became one of the fastest-growing law firms in the country. He and his team have over twenty years of combined experience and have recovered millions of dollars for injured people and their families.
When he’s not working for clients in the courtroom or the boardroom, you can find Mr. Awad on social media, giving no-nonsense legal advice to more than a million followers. Call the CEO Lawyer at (470) 323-8779.
