Douglasville Slip and Fall Lawyer
Slip and fall accidents can lead to severe injuries and significant medical bills. Because of the harmful effects that these incidents can have, property owners should be held responsible when someone slips and falls on their premises.
However, taking legal action and complying with confusing filing procedures can be difficult without a skilled personal injury attorney. Fortunately, a Douglasville slip and fall lawyer could review the circumstances of your case and help guide you through the process.
Who is Liable in Slip and Fall Cases?
These incidents may occur because of loose floorboards, broken staircases, uneven sidewalks, slippery flooring, as well as other hazards. In general, however, trip and fall accidents result from negligence. Negligence is an unintentional act committed by a property owner that breaches their duty of care owed to a plaintiff that causes them to suffer losses as a result.
When a slip and fall incident occurs on someone’s property, the owner, landlord, employer, or employee could be liable. Liability depends on who caused the dangerous condition, who knew about the hazard but failed to rectify it, or who should have known about it.
Owner vs. Landlord Liability
Different liability issues may arise when a slip and fall occurs, and the property owner, the landlord, or an employee could all be responsible. Residential landlords, for example, could be held liable for injuries suffered by their tenants or third parties if:
- The landlord had sufficient control over the dangerous condition
- Remedying of the condition was not unduly expensive or difficult
- Serious injury was foreseeable, and the dangerous condition remained unfixed
- The failure of the landlord to take reasonable steps to avoid an accident was the cause of the tenant’s injury
On Douglasville commercial properties, in particular, a slip and fall lawyer may help an injured party take legal action against the owner or landlord, depending on who caused the hazardous condition. For instance, if a plaintiff slips on a wet floor at the grocery store caused by a water leak in the building, they would likely sue the landlord. However, in a situation where an employee at the grocery store caused the wet floor, the injured party could file a claim against the grocery store owner.
Comparative Fault
In some situations, a defendant may try to make the argument that the claimant is partially to blame for their injuries. While this may impact their total compensatory award, this may not completely bar them from recovering. Under state law, if a plaintiff is 49 percent or less at fault, they may still obtain some compensation. However, the court may reduce their compensation by their percentage of fault.
For instance, if a claimant was using their cellphone when they tripped on a broken step, they may be partially at-fault. If they were 20 percent to blame for their injuries, they may only receive 80 percent of their total losses. A Douglasville slip and fall lawyer could help a claimant build a case if they may be partially at fault for their injuries.
Contact a Douglasville Slip and Fall Attorney
Suffering from a serious slip and fall injury could be devastating and may require numerous hours and significant amounts of money on physical recovery. Property owners that fail to keep their premises free from these dangerous conditions should pay for their negligence. A Douglasville slip and fall lawyer could look into your situation and help you determine your next steps toward legal recovery. Call now to get started on your case.
