This is the next post in my series on the handling of slip and fall cases in Atlanta, Georgia. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with a personal injury attorney if you or a loved one were injured on another’s property. It is important that you speak with counsel sooner, rather than later, as immediate steps must be taken to protect your interests. The steps can include, but are not limited to, making demands for the preservation of evidence. In this article I will discuss a topic which can often lead to confusion – when property owners and/or operators may be responsible for another’s injury. If you are in need of assistance then contact my office today to speak with a lawyer.
Many people mistakenly believe that the owner or operator of a building or facility is automatically liable for injuries which stem from a fall. This is not the case. Instead, the owner or operator of a premises must take reasonable steps to ensure that the facility is safe to the public. The actions which constitute “reasonable steps” will depend on the nature of the facility and will be judged on a case by case basis. If the operator did take reasonable precautions, and someone was injured, then the operator will typically not face liability. If, however, the owner/operator failed to take reasonable precautions, and an injury resulted, then the Plaintiff will typically recover damages.
The foregoing concept is best explained by example. Say the operator of a grocery store has a policy of checking the aisles for spills every hour. Now say that this policy is in line with the standards of the grocery store industry. Now say that shortly after an aisle is checked, a bottle of liquid is spilled on the floor and almost immediately a patron slips in the puddle and is injured. Given that the operator was regularly checking the aisles, it is unlikely that the victim would recover damages. Now, by contrast, say that a patron reported to the store operator that liquid had been spilled in an aisle. Also suppose that the operator did not immediately dispatch an employee to clean up the spill. If someone slips and is injured as a result then there is a good chance, under these facts, that the victim would recover damages. It is crucial to understand that how the jury will rule, in any given matter, is always going to depend on the specifics of the case.
If you or a family member have been injured in a slip and fall then it is important to contact a premises liability attorney immediately. These types of matters are complicated and you need counsel who is experienced in handling such matters. I was first admitted into the Georgia Bar in 1978 and I am ready to assist you. Call today to speak with an Atlanta slip and fall lawyer. We also service the Fulton County cities of Sandy Springs, Roswell, Johns Creek, Alpharetta, Milton, and East Point, the DeKalb County cities of Dunwoody, Decatur, Brookhaven, Redan, and, the Cobb County cities of Marietta, Smyrna, Mableton, and Kennesaw, the Fayette County cities of Fayetteville and Peachtree, the Hall County city of Gainesville, as well as other areas throughout the state of Georgia.