Georgia slip and fall cases are the most underrated cases to be considered for compensation. The astounding stats by the NSC reveal that accidents due to slip and fall are the second leading cause of death, and nearly 39,443 people died in 2019 alone due to such injuries. As the name suggests, slip and fall cases refer to injuries from slipping and falling on someone else’s property. Victims in these cases can file a personal injury claim. However, claiming compensation may not be as easy as it seems, as insurance companies might give you a hard time accepting these claims.
Your case must fulfill certain elements in order to proceed with a claim. These areas are following:
Serious Injury Vs. Minor Wound:
This is the most crucial aspect for a person before requesting an insurance claim under a “slip and fall” case. A superficial wound that can be easily treated with first aid is insufficient for a personal injury claim. A person needs to prove that the damage was severe and prolonged enough to be compensated. Some common injuries that come under these criteria include spinal injuries, head trauma, broken hips, etc.
Cause of the Injury:
Suppose you have sustained an injury on someone’s property. You need to show the injury was caused by a dangerous condition on the person’s property. A slip and fall indoors can occur due to many reasons, including poor lighting, wet flooring, etc. A fall outdoors can happen due to broken sidewalks or unmaintained staircases, to name a few.
Who Is Responsible for the Injury?
In a Georgia slip and fall case, compensation can only be claimed if the injured party proves that the property owner was at fault. There are two aspects in which the victim can hold the property owner accountable. These are:
The Intention of the Owner to Cause You Harm:
In this scenario, the injured may accuse the owner of proving the owner’s will to cause a person harm. For this purpose, the injured party may claim that the owner intentionally created condition(s) that led to their injury.
Negligence of the Owner:
The injured party may also claim that the owner was aware of the conditions that could cause harm, and their inattention and negligence became the cause of his/her injury.
Status of the Property Visitor:
A person’s status may also vary depending on the relationship with the owner. The three common types of property visitors include:
An invitee is invited to the owner’s property explicitly for the owner’s benefit in most cases. An invitee may be a customer, tenant, maintenance worker, etc. Property owners are responsible for taking care of the invitees the most and ensuring that there is no risk involved in welcoming invitees to their property.
Licensees are the ones who visit the owner’s property for their benefit. Such people may include a close friend or family member. Licensees typically visit with the owner’s property by invitation. The property owner has an obligation to warn licensees about potential hazards on the property.
A trespasser is an individual who has illegally entered into the property yet without the owner’s permission. While the property owner is not responsible for damages to the trespasser yet, they cannot intentionally harm them.
Keep Medical Records:
In addition to the essential elements, the claimer must keep all the vital medical records such as medical reports, x-rays, medicine prescriptions, medical bills, doctor’s notes, etc. These records provide crucial evidence in a personal injury case.
Your Next Step for a Georgia Slip and Fall Case:
If you have slipped, tripped, or fallen on another person’s property and sustained serious injuries, you may be entitled to compensation. While Georgia slip and fall cases may be challenging to handle since insurance companies might try to reject or devalue your claim, Humphrey & Ballard Law are here to help. Contact us now for a free consultation.