Slip and fall accidents are extremely common, and when they happen, many people tend to brush them off as just accidents even when they are seriously injured. However, not all slip and fall accidents are that simple. In some cases, another person, usually a property owner, is responsible for the accident, and the injured party could file a lawsuit to claim compensation for their injuries.
If you are injured in a slip and fall accident on someone else’s property, you should speak with a Gwinnett County slip and fall lawyer as soon as possible. There is a time limit of two years on these cases, so time may be of the essence if you do not want to miss your chance at compensation simply because you did not file soon enough. Call an experienced attorney today.
Understanding Slip and Fall Accidents
Property owners have a responsibility to anyone who enters their property to make sure they can do so in a safe manner. This includes making sure that there are no uneven steps that could be tripped on, that spills on floors are cleaned up right away, and that there is no unnecessary clutter that a person could trip over.
Even if hazardous elements are present on a person’s property, though, the property owner may not be held liable for injuries under all circumstances. Liability will only occur if the property owner was negligent, and the condition being present does not always constitute negligence by itself.
In order to prove that a property owner was negligent, the injured party must be able to prove more than that the condition simply existed. They must also be able to prove that the property owner knew—or reasonably should have known—about it, that they had enough time to repair the condition, and that they still failed to appropriately address it.
Because property owners are given a certain amount of time to repair unsafe conditions, it can sometimes be difficult to prove negligence. Fortunately, a slip and fall lawyer in Gwinnett County could be a great help in proving that negligence through thorough research and steadfast representation.
Comparative Negligence Laws in Gwinnett County
Another complex element to slip and fall cases are that Gwinnett County operates under comparative negligence rules. Under this doctrine of law, injured individuals who are partly to blame for their accident may have any compensation awarded to them limited based on their percentage of fault. In some cases, they could be denied compensation altogether.
Under comparative fault, if the injured party is found to be partly to blame for the accident that injured them, they will be assigned a percentage of fault. If compensation is then awarded, that compensation is reduced by the percentage of fault they were assigned. In cases when the injured individual is found to be 50 percent or more at fault, they forfeit the right to all compensation. A seasoned lawyer could help someone’s claim by properly assigning fault.
How a Gwinnett County Slip and Fall Attorney Can Help
The potential complexity of slip and fall cases extends beyond just negligence and modified comparative fault. There are also special rules that apply to trespassers, minor children, and tenants, all of which a qualified attorney could explain in greater detail.
A Gwinnett County slip and fall lawyer could walk injured parties through all of these elements of a slip and fall claim and review their case to determine if they are eligible for compensation. If you suffer injury from slipping and falling, speak to a local attorney today to get the help you deserve.