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A slip and fall case is a personal injury case in which a person slips (or trips), falls and is thus injured on someone else’s property. Not every fall is subject to a lawsuit. If the person is trespassing, he/she has very few rights. If he/she is “invited” onto the property like at a grocery store or mall, then the property owner has a responsibility to maintain the safety of the place. There definitely is a gray area with slip and fall cases. That is why you need an experienced lawyer to help determine if you have a solid claim to pursue. The Kalka & Baer law firm is well practiced in slip and fall cases.
But, what would a Georgia slip and fall case look like?
Section 51-3-1 of the Georgia Code states that, "[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe."
So first, a lawyer would prove that the property owner had actual or constructive knowledge of the hazard that a person slipped, or tripped, on. Actual knowledge is just as it sounds; the property owner would have seen the problem that the injured slipped or tripped on and ignored it. Whereas constructive knowledge refers to the property owner did not maintain the duty require by regulations for whatever reason; therefore, the slip or trip falls within the owner’s control.
Second, a lawyer would prove that the person who slipped exercised ordinary care at the time of the accident. And third, a lawyer would prove that despite such ordinary care, the person was unaware of the hazard due to actions or conditions within the owner’s control.
An example slip and fall case is a Powder Springs client who slipped and fell on ice while stepping out of her vehicle at a gas station. Within Georgia law, it was proved to be the owner’s responsibility for her injuries, based on the lack of warning signs or attempt to de-ice the pavement. That lack of maintenance is required under Georgia law for gas stations. So, Kalka & Baer was able to successfully settle our client's case for the amount of $75,000.
The most common injuries past clients have experienced from a slip and fall case are: