Slip and Fall Attorney in Gwinnett County
Slips and falls can result in surprisingly serious injuries. Even otherwise healthy people can suffer from severe harm due to a simple fall. If this incident results in someone landing on their head or neck, it could even cause permanent injuries.
It may seem safe to assume that a landowner is responsible for any injury that happens on their property. However, the laws applicable to Peachtree Corners and the rest of the State of Georgia are more nuanced than that. In fact, a slip and fall case evaluates not only the actions of the landowner that may have caused the injury but also your motivations for being on the land in the first place.
A Gwinnett County slip and fall lawyer may be able to help you collect the necessary compensation following a slip and fall injury. With a personal injury attorney’s help, such compensation could include payments not just for medical bills but also for any lost wages or pain and suffering endured in the incident.
Slips and Falls as Premises Liability Claims
Slips and falls are an example of personal injury claims that fall under the category of premises liability. Premises liability laws state that landowners have a duty to keep their property safe for visitors. In addition, landowners in Peachtree Corners and throughout Gwinnett County may carry civil liability if a visitor is injured while on their land, but the extent of this duty to protect varies depending upon a visitor’s legal status.
The law in Georgia creates three categories of visitors. These are as follows:
- Invitees – visitors who landowners expressly invite onto their land and whom, according to Official Code of Georgia §51-3-1, property owners must take all ordinary care to prevent from suffering injury
- Licensees – under O.C.G.A. §51-3-2, people who are neither customers, servants, or trespassers and who are permitted—expressly or impliedly—to go on the premises for their own interest or convenience
- Trespassers – people who enter land without permission from the owner and whom landowners must only refrain from causing any willful or wanton injury to, as per O.C.G.A. §51-3-3
Only invitees who enter land for a business purpose can sue for damages after a slip and fall accident. A Gwinnett County slip and fall attorney may be able to help clarify a plaintiff’s legal status and connect the landowner’s negligent maintenance or upkeep to an accident.
Ordinary Care
Invitees can sue for their damages following a slip and fall if a landowner fails to take “ordinary care” to prevent an injury. The concept of ordinary care may change on a case-by-case basis, but in general a landowner must do as a reasonable similar landowner would in order to prevent injury to visitors.
For instance, spills are a common occurrence in grocery stores. After a spill, it is reasonable to expect that the store would quickly identify the problem, move to cordon off the area, and act to clear the spill with little delay. Security footage showing that a spill remained on the floor for a long period of time prior to a slip may indicate a failure to exercise ordinary care. A slip and fall lawyer in Gwinnett County could help examine the activities of defendants to determine whether a lack of ordinary care caused injuries.
How a Gwinnett County Slip and Fall Attorney Could Help
Slips and falls are a leading cause of injuries in Gwinnett County, and a landowner who does not pay close enough attention to the condition of their property may retain civil liability for any injuries that result. However, only certain classes of visitors enjoy this protection, and in many cases they can only sue if the defendant intentionally caused their injuries. Still, an injury that occurs on another’s land certainly merits closer examination.
A Gwinnett County slip and fall lawyer can take the lead for you in any case alleging a slip and fall injury. Once retained, your attorney could evaluate your rights as a visitor, gather evidence of any failure on the part of a landowner to provide ordinary care, and use that evidence to press a claim for full compensation. Call today to schedule a consultation and get started on your case.