Proving Property Owner Liability for Wet or Icy Conditions
In Georgia, property owners have a legal responsibility to keep their premises safe for visitors. This includes a duty to property inspect and maintain the interior of their buildings, as well as their exterior grounds, ensuring that they are free of any dangerous conditions that could cause a slip and fall accident, like ice or spills. Unfortunately, many property owners don’t take these steps, especially during the winter months, when it is more likely that there will be icy or wet surfaces, leaving visitors at serious risk of slip and fall-related injuries.
Proof of Icy or Wet Surfaces
Before a slip and fall victim can recover compensation from a negligent property owner, he or she must provide evidence of the owner’s lack of care, usually with photographs of the dangerous condition in question. When it comes to wet or icy floors, this can be a bit more complicated, as the proof could melt, evaporate, or be cleaned up. Fortunately, there are other forms of evidence that slip and fall victims can use to prove that they fell as a result of a property owner’s failure to keep his or her premises free of ice or spills, including:
- Video surveillance footage from security cameras showing the fall;
- Eyewitness statements from those who saw the fall occur;
- Any police reports filed immediately following the accident;
- Records of official complaints filed by other visitors;
- The property owner’s maintenance and repair records;
- Medical records demonstrating that the claimant suffered from injuries that are consistent with a fall; and
- Expert opinions from safety engineers.
Evidence can disappear quickly after a slip and fall accident, especially when the cause of such a fall was ice or a spill. In these cases, evidence preservation is critical, as is reporting the injuries right away.
Pursuing Compensation for Slip and Fall Injuries
Those who are injured in slip and fall accidents caused by a dangerous condition are legally entitled to financial compensation for their losses, including reimbursement for:
- Medical expenses, including those already incurred and any expected future treatment costs;
- Lost income from taking time off work in order to recuperate;
- Diminished earning capacity if the injuries resulted in permanent limitation or disability;
- The physical pain endured by the victim because of his or her injuries;
- Property damage that occurred during the fall; and
- Loss of enjoyment in life for those unable to participate in the same kinds of pre-accident activities.
It’s important to note that financial compensation for a slip and fall accident doesn’t only cover quantifiable losses, like medical bills, but also intangible costs, like emotional distress and lifestyle impairments.
Schedule a Free Case Review Today
If you slipped and fell because of icy or wet conditions on someone else’s property, please call the experienced Savannah slip and fall lawyers at Shiver Hamilton Campbell for an assessment of your potential legal claim. You can set up a free consultation by calling our office at 404-593-0020 or by completing one of our brief online contact forms.
Sources:
law.justia.com/codes/georgia/2010/title-51/chapter-3/article-1/51-3-1
forbes.com/advisor/legal/personal-injury/premises-liability/
