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Slip and Fall Lawyer in Augusta, GA

Home Slip and Fall Lawyer in Augusta, GA

Throughout the state of Georgia, people become injured due to slip and fall accidents, which could happen on a commercial property or a residential property, as well as other recreational and public areas.

A slip and fall accident, by definition, describes when someone falls, trips, or slips and becomes injured. If these injuries happen in the workplace or on another person’s property, a premises liability claim can be filed against the homeowner or business owner.

These accidents are pretty self-explanatory to most people, but some aspects of these accidents are often overlooked or may be somewhat unclear. The following information will explain the legal issues surrounding slip and fall accidents.

Slip and Fall Accident in Augusta, GA

It’s important to understand that while there are various factors that contribute to slips and falls, the validity of these claims can be tough to prove because of the numerous fraudulent claims that have been filed over the years—this factor combined with the amount of surveillance equipment most businesses use around their premises. In order to withstand the litigation process, your claim must be robust and accurate.

Common causes for slips and falls may include:

  • Obstructions or debris: debris, trash, merchandise, supplies, and equipment left in areas where people can trip and fall.
  • Slippery or wet floor: A recent floor cleaning, tracked-in rain, or spilled liquids can make floors dangerously slippery. If a “Wet Floor” warning sign isn’t put up, or the liquid isn’t cleaned up immediately, a person could slip or fall.
  • Uneven surfaces: Loose or torn carpeting, uneven holes, ditches, or sidewalks, and broken floor tiles can be hazardous if improperly marked.
  • Broken equipment: Slip and fall injuries can also be caused by improperly maintained elevators, escalators, handrails, and stairways.

An experienced slip and fall lawyer in Augusta, GA can help you determine the exact cause of your accident and build a strong case.

Determining Liability in an Augusta, GA Slip, and Fall Lawsuit

It can be a difficult task trying to determine whether someone else was responsible for a person’s slip and fall accident. Every situation is unique and depends on whether or not the property owner allowed the condition to remain unsafe, consequently exposing a person to an unexpected, unavoidable hazard (a form of negligence). The injured party must show that the accident happened due to a dangerous situation that the possessor or property owner was aware of or should have been aware of.

Additionally, the dangerous conditions on the property must have been an unreasonable risk that any property visitor wouldn’t have expected to encounter under any other circumstances. Property owners are not responsible for injuries a person sustains due to careless or reckless behavior that could have easily been avoided. The victim must be able to prove that the property owner was already aware of the dangerous conditions by providing the following evidence:

  • The hazardous condition was created by the possessor or property owner.
  • The property owner or possessor was aware of the dangerous condition, but never fixed it.
  • The possessor or owner of the property could have fixed the problem before the accident occurred, because the condition had existed for a significant amount of time.

In order to hold a possessor or a property owner negligently responsible for a slip and fall accident, the victim must be able to prove that the accident was conceivable as a result of the defendant creating the dangerous circumstances. Your slip and fall lawyer in Augusta, GA will help you hold the responsible parties liable for any damages you have suffered.

Slip and Fall Cases in Georgia: Comparative Negligence

If you plan on filing a slip and fall lawsuit in Augusta, GA, it is essential to note that the other side will likely argue that you were responsible for some part of the injury, even if you weren’t.

The reason this tactic is so common is that the property owner can place part of the legal blame on you, which will negatively impact your case. Should that happen, any court award or settlement you might receive may be significantly lower, or you may not get anything at all.

If your Augusta, GA slip and fall lawsuit makes it through the Georgia court system, and the jury rules that your negligence caused the accident, a modified comparative negligence rule (GA Code § 51-12-33) will be used to determine how much, if any, damages can be recovered from the possessor or the property owner. According to the percentage of your negligence, any damages you receive will be reduced. If you are blamed for over 50% of the accident, you will not receive any compensation from the property owner or any other responsible parties.

Georgia’s Slip and Fall Statute of Limitations

A statute of limitations puts a time limit on when a lawsuit can be filed and heard in the civil court system. If you attempt to file a slip and fall case after the statute of limitations deadline has passed, the defendant will bring this to the court’s attention, and your case will likely be dismissed. There are rare circumstances in which the statute of limitations clock may “toll” or pause, which will give you more time to file your case. Your slip and fall lawyer in Augusta, GA, will be able to provide you with more details on these exceptions in the state of Georgia.

The larger statute of limitations that applies to most personal injury lawsuits filed in Georgia’s civil court system is the same as the statute of limitations that affects slip and fall injury claims in most states. According to Georgia Code section 9-3-33, “Personal injury claims will be brought to the court within two years of the accident.” 

If you intend to file a slip and fall lawsuit in Augusta, GA over property damage that was caused as a result of a slip and fall accident, the statute of limitations gives you four years to file a case, according to Georgia Code section 9-3-31.

The clock starts running on the date of the accident, regardless of whether the case is over property damage or injuries. Even if you feel confident that your lawsuit will be settled in a court of law, you want to allow yourself plenty of time to file a slip and fall lawsuit in Augusta, GA. You will be given more leverage during settlement talks if you have the option of going to court.

Contact our Augusta, GA Slip, and Fall Lawyers

An experienced slip and fall lawyer in Augusta, GA, will navigate you through the complicated legal process of filing a slip and fall accident claim. Our experienced team of personal injury attorneys at The Eichholz Law Firm has helped victims recover millions of dollars in damages.

The sooner you can get a lawyer involved in your case, the faster you can begin to vindicate and preserve your legal rights. Our attorneys at The Eichholz Law Firm will provide you with the right attorney to suit your specific legal needs. Augusta, GA residents who have been injured due to a slip or fall, can contact our firm to receive reliable legal guidance.

The Eichholz Law Firm is dedicated to helping victims fight for justice. For a free consultation, contact us today at (855) 551-1019, or fill out our online form. We’ll work with you every step of the way to make sure that you receive the compensation you rightfully deserve.

Please seek the advice of a medical professional before making health care decisions.
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