This is the next post in my series on the handling of slip and fall accidents in Atlanta, Georgia. My last post discussed how comparative fault impacts a premises liability case. It is important to understand that a victim may still be able to recover damages even if they were partially at fault for the incident. This means that if you have been injured then it is advisable to speak with an attorney, even if you bear some responsibility for the incident. In this article we will discuss another important topic – the need for discovery in such matters. If you or a loved one have been injured then contact our office today to speak with a lawyer.
I have previously discussed how discovery impacts car accident cases. These same concepts apply to a slip and fall. As such, a variety of tools are available for acquiring information from the other side. These tools include Interrogatories, which require the other party to provide written answers to written questions. Requests for Production can be used to require that the other side provide records, documents, or physical objects. Also, depositions may be used to require parties or witnesses to be interviewed under oath and in the presence of a court reporter. A transcript of the interview will be created and it can be used to point out inconsistencies, should the witness attempt to change their testimony later.
Discovery is vital in a slip and fall case. Suppose a victim slips in a puddle of water in a grocery store. Now, suppose that the store has an internal policy of checking the aisles for spills every hour. Under this scenario, the Plaintiff’s lawyer would send an Interrogatory requesting that the store identify all procedures which it utilizes to keep the premises safe. The store would identify the procedure of checking the aisles every hour. The victim could then use a Request for Production to obtain the store’s surveillance footage of the aisle where the spill occured. If the surveillance footage showed that the aisle had not been inspected for several hours, and that the company had violated its own safety policies, then the victim would likely have a strong claim of negligence. How the jury will rule in any given situation, however, will always depend on several variables.
If you or a loved one have been injured while on another’s property, then contact my office to speak with an Atlanta slip and fall lawyer. My office prides itself on providing quality service and we are ready to assist you. Contact us today. 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.