When you enter someone else’s property, you should expect to feel safe. But often dangerous conditions such as ice, a spill, unsecured flooring or another hazard exists that causes you to slip and fall and get hurt.
When you suffer injuries as a result of an owner’s or occupier’s negligent maintenance of their property, you should not be the one to pay. A seasoned Marietta slip and fall lawyer could help you hold the responsible party liable for your losses and seek compensation for your injuries. Call today and schedule a consultation with a persistent personal injury attorney that could advocate for you.
Classifying Visitors in Marietta
Owners and occupiers of private residences, commercial businesses, and other properties have certain responsibilities under the law to properly manage their property to protect others from harm, including injuries suffered from a slip and fall. The Official Code of Georgia specifies the owner’s or occupier’s duty based on the type of visitor on the property.
An invitee is someone who is invited onto the property, either expressly or impliedly, for a lawful purpose. An owner or occupier is liable to an invitee for injuries caused by their failure to exercise reasonable care to keep the property safe.
Under O.C.G.A. §51-3-2, a licensee is a person who is allowed to be on the property, explicitly or implicitly, for their own interests or convenience. The owner or occupier of a property is only liable to a licensee if the cause of their injuries is wanton or willful.
A trespasser who is on the property without the permission of the owner may only recover for damages that were willfully or deliberately caused by the property owner. If you are accused of trespassing by a defendant trying to avoid paying you compensation, a Marietta slip and fall attorney could you help you contest this assertion and argue in favor of your best interests.
Establishing Negligence in Slip and Fall Cases
In Marietta, a plaintiff who files a lawsuit against a defendant for negligence must prove four elements, which are as follows:
- The duty owed a duty of care to the plaintiff;
- The defendant breached their duty;
- The defendant’s actions caused the plaintiff’s injuries;
- The plaintiff suffered compensable damages.
Like many states, Georgia has a comparative fault law. That means that if a plaintiff is less than 50 percent at fault for the accident that caused their injuries, they could still recover damages, but the amount would be reduced proportionately by the plaintiff’s percentage of fault.
Recoverable Damages in Slip and Fall Lawsuits
Plaintiffs can recover compensatory damages for bodily injuries that result from a slip and fall. Allowable economic and noneconomic damages that a slip and fall lawyer in Marietta could work with you to pursue include:
- Hospital, medical and other healthcare expenses;
- Lost wages and future loss of earning capacity;
- Pain and suffering;
- Emotional stress.
Talking to a Marietta Slip and Fall Attorney
In Georgia, the statute of limitations for bringing a slip and fall lawsuit for injuries is two years. After that deadline passes, you may be barred from recovery entirely.
A seasoned Marietta slip and fall lawyer could help you hold the responsible party accountable for the injuries you suffered on their property and recover fair compensation following your accident in a timely fashion. Call today to discuss your case and see what your legal options may be.