How to Receive Compensation for a Slip and Fall Accident

December 3, 2023 by Daniel UltimMarketing

How to Receive Compensation for a Slip and Fall Accident

Slip and fall accidents can happen anywhere and often occur when least expected. These accidents can lead to a range of injuries, from minor scrapes to severe fractures, head injuries, and even long-term disabilities. Given the physical, emotional, and financial impact, it’s essential to know how to seek compensation for your injuries. This article aims to provide a thorough understanding of how to go about it.

Why Slip and Fall Cases are Complex

Slip and fall cases are not straightforward because proving negligence is often complicated. Typically, the victim needs to show that the property owner was aware (or should have been aware) of the hazardous condition but did nothing to correct it. Demonstrating this requires collecting evidence, including photos, witness statements, and expert testimonies.

Calculating Compensation

The amount of compensation you can claim depends on several factors, such as the severity of your injuries, medical expenses, lost income, and future care requirements. You may also be eligible for non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.

Types of Damages You Can Claim

You may be eligible to receive compensation for the following:

Medical Expenses: This covers the cost of hospital stays, surgeries, medication, and any future medical needs.

Lost Wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost.

Pain and Suffering: Emotional and psychological distress caused by the accident can also be claimed.

Types of Premises

Understanding the type of premises where the slip and fall accident occurred is crucial, as different laws may apply. These can include:

Commercial properties (like malls and restaurants)
Private residences
Government buildings
Industrial settings

Different types of premises often have specific laws and regulations, making it essential to consult an attorney with expertise in premises liability.

Examples of Premises Liability Claims

While slip and fall accidents are common grounds for premises liability lawsuits, there are different conditions and situations where a property owner might be found negligent. Some common causes of premises liability accidents include:

Loose Carpets and Floorboards: An unsecured carpet or loose floorboard can easily cause someone to trip and fall.
Building Code Violations: Failing to comply with local building codes can create hazardous conditions.
Swimming Pool Accidents: Lack of appropriate safety measures around swimming pools can lead to severe injuries or even fatalities.
Dog Bites and Attacks: Property owners are generally responsible for the behavior of pets on their property.
Defective Elevators and Escalators: Mechanical failures can result in dangerous conditions for users.
Accidents Involving Stairs and Porches: Missing railings or poorly maintained stairs can be hazardous.
Failure to Provide Adequate Security: Inadequate security measures can make a property owner liable for crimes committed on their premises.
Failure to Clean Up Spilled Liquids: A simple spill can turn into a hazardous condition if not promptly addressed.
Cluttered Walkways: Obstructed paths can result in trip and fall accidents.

How to Prove a Premises Liability Lawsuit in Georgia

In Georgia, as in most states, proving a premises liability case revolves around establishing negligence on the property owner’s part. To win a premises liability lawsuit, you’ll need to demonstrate four critical elements:

Duty of Care: The property owner had a responsibility to maintain safe conditions on the premises.
Breach of Duty: The property owner failed to uphold this duty.
Causation: This failure caused your accident and subsequent injuries.
Damages: You’ve incurred losses that can be quantified and claimed.

Legal Procedures: Filing a Claim

Initial Consultation: Consult a skilled personal injury attorney who specializes in slip and fall accidents.
Investigation: Your attorney will collect all necessary evidence, including medical records and witness statements.
Filing the Claim: A formal complaint will be filed against the defendant (the property owner), stating your case and the compensation you seek.
Negotiation: Most cases are settled outside of court through negotiation between both parties’ attorneys.
Litigation: If a settlement isn’t reached, the case proceeds to court where it will be presented before a judge or jury.

Criteria for Choosing an Attorney

Experience: Ensure they have substantial experience in slip and fall cases.

Reputation: Research reviews or get recommendations.

Fees: Most attorneys work on a contingency fee basis, only charging if you win.

Consulting a Personal Injury Attorney

The complexity of slip and fall cases underscores the importance of consulting a personal injury attorney with experience in this area. A qualified lawyer can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.

In summary, slip and fall accidents can be both physically and emotionally devastating. Navigating the maze of medical bills, insurance claims, and legal avenues can add to the stress. But with proper guidance and a solid legal strategy, you can get the compensation you deserve for your pain and suffering.

If you or a loved one have been affected by a slip and fall accident, please get in touch with us at Castan Lecca & Boeschen. Our experienced attorneys are here to guide you through every step of the legal process and help you secure the compensation you rightly deserve.

You may also be interested in: How can a premises liability attorney help me in Altanta?

How can a premises liability attorney help me in Atlanta?

May 17, 2023 by Daniel UltimMarketing

From slippery floors with no warning signs to untrained aggressive dogs, you might encounter hazardous conditions when going out. Fortunately, property owners and businesses have a duty to keep their property safe and free of any hazards for employers, visitors, and customers. This reduces any risks and promotes public safety.

But sometimes, property owners don’t uphold their responsibilities, and due to negligence, customers and employees get hurt or ill. Depending on the circumstances and the type of hazard, victim injuries can vary from cuts and bruises to head injuries, cancer, or even death.

These injuries will entail a long recovery, physical therapy, or even surgery, leaving victims with sometimes permanent disabilities, PTSD, and anxiety. On top of that, there’s the stress of medical bills, taking time off from work, and reduced earning capacity.

Premises liability is part of the personal injury law; these types of attorneys help people injured or fallen ill because of dangerous or hazardous conditions resulting from the property owner’s negligence. If you or a loved one has been injured and believe you are entitled to some compensation, reach out to your attorneys, as there is a set time to make a claim.

Most common types of premises liability claims

The most common type of premises liability injuries are:

Slip and falls
Injuries from falling objects
Escalator or elevator accidents
Snow and ice hazards
Inadequate maintenance
Insufficient security
Water leaks or flooding
Fires
Porch, patio, or stairs collapsing
Dog bites or attacks
Defective conditions such as unstable ceilings and walls
Faulty amusement park rides
Exposure to hazardous chemicals or toxic materials such as lead or mold.
Failure to inform a visitor of unsafe conditions
Inadequately guarded swimming pools
Inadequate maintenance
Injuries resulting from an act of violence or any criminal acts
Defective stairs or railings
Accidents caused by uneven terrain, unnoticeable stairs, or slippery surfaces

Multiple things must be proven to receive compensation if you have been injured on someone else’s property, business, or home.

The owner was aware of the hazard and failed to ensure the proper safety conditions.
The owner failed to inform any visitors of the potential risk.
The owner didn’t prevent or do anything to avoid the danger.
Your injury or illness is a direct result of this danger.

What premises liability attorneys do

A premises liability lawyer will guide you through this process, review all the facts and determine if you have a case. They can also assist you in:

Conduct a thorough investigation and verify how the incident occurred.
Collect any evidence, like videos and photographs of the scene of the accident.
Interview any witnesses to the accident.
Show the circumstances of the incident and how the property owner is liable.
Prove that the owner is at fault.
Build the case with all the details and evidence.
Create a strategy to seek compensation on your behalf.
Represent you in the negotiations with the different parties, including the insurance companies.
Represent you in a court of law, if necessary.
Guide you and inform you through every step of the case.

Compensation for premises liability cases

You may be entitled to financial compensation if you prove someone was responsible for your injuries. In these cases, there are monetary damages for medical expenses, lost wages, and reduced earning capacity. Non-monetary damages could also be awarded; this covers loss of quality of life or pain and suffering; this can be difficult to prove, so it likely would be discussed and settled by the jury.

If the accident was fatal, your attorneys could assist family and next of kin by filing a wrongful death claim. In this case, the family could be entitled to the same compensation as mentioned above, plus funeral or burial expenses, loss of income that the person could earn in their lifetime, and loss of care or companionship.

In some specific situations, the victim or their family could pursue punitive damages; this refers to cases or circumstances that have been outstandingly bad or done with malice and are used to punish and make an example of the responsible party.

As you have seen, multiple factors must be taken into account in a premises liability claim, don’t feel pressured or rushed to settle with insurers before reviewing your case with the help of an experienced attorney.

Statute of limitations for premises liability cases in the state of Georgia

In the state of Georgia, there is a two-year deadline for personal injury cases and a four-year deadline for claims involving damage to personal property. This is known as the statute of limitations to create a claim; if you are outside this window, an exception could apply.

The sooner you start working with an attorney and collect all the evidence required, the easier it will be to build a case. Contact your trusted and experienced attorneys at Castan & Lecca; we will review the circumstances of your accident and advise you on what you could be entitled to.

What is premises liability and how does it apply to restaurants

April 3, 2023 by Daniel UltimMarketing

Going out to eat at your neighborhood’s favorite restaurant is the perfect weekend activity. Whether you’re going out with family or friends, sharing a meal at your favorite spot is supposed to be a fun and pleasant experience.

According to a new survey, around 56% of Americans who eat out will do so between 3–4 times a week, including eating at restaurants and ordering food to go. So eating out is a fave for the everyday American, but sometimes, an injury or accident could taint this fun activity. If this happens, the restaurant could be liable if this was caused by negligence of the restaurant owner.

Premises liability is the legal concept where a property owner is liable for injuries to guests and visitors. In order to win a premises liability case, the guest or customer must prove that the property owner was negligent concerning ownership or maintenance of the premises. This commonly occurs in personal injury cases where the incident happened at a public place, like a restaurant.

It’s important to note that just because you were injured at someone else’s property does not mean the property owner was negligent or created an unsafe situation for them to be liable. You need to show and prove that the property owner knew or should have known that the premises were dangerous for the customers.

Restaurant owners are responsible for providing a safe space for their guests and visitors and providing a warning when conditions may be unsafe. They can be held accountable for injuries happening on the premises, including parking lots and surrounding areas. The most common injuries they could be liable for are slips and falls caused by spills, uneven flooring or pavement outside the restaurant, and poorly lit areas like parking lots.

Here are some examples of Premises Liability cases

Slip and fall: These are the most straightforward premises liability cases; some common conditions that lead to a slip and fall are:

Food or drink spill
Accumulation of ice and snow
Wet or oily floors
Hidden extension cords
Unsecured carpets or rugs
Broken/loose tiles or wooden floors, steps, or sidewalks

Defective conditions on the premises: This can be because of poor design, repairs or construction, building code violations, unmarked hazardous areas or insufficient maintenance. It includes: missing or damaged stairs, inadequate handrails, and damaged doors or windows.

Inadequate security: Most common in an apartment or office buildings but could also apply to restaurants.

Fires, water leaks, and floods: On the rare occasion a fire or flooding happens, the premise could be liable if these conditions cause injury.

Slips and falls because of spills are the #1 cause of injury in restaurant liability cases. Still, the customers must prove negligence in any case, so showing that the restaurant created a hazard, knew of it, or should have known of it is vital. Evidence of how long the spill was there, with no one cleaning it, will be a deciding factor in the case.

Restaurants could also be liable for negligent security if they have created an unsafe environment or conditions inside and around the restaurant. For example, if a drunken customer attacks or assaults another customer, the restaurant could be liable for providing alcohol to an already intoxicated person, especially if there has been a history of fights at that location. A dark parking lot could also be considered unsafe. Suppose there’s a history of robbery or rape at the site, and the owners didn’t provide additional security or lighting. In that case, they could be liable for creating unsafe conditions for their customers.

In order to file a negligence claim seeking damages, the customer must prove four elements:

Must show that there was a dangerous condition on the property: From a spill in the floor to a loose handrail, the customer must prove there was something causing danger in the premises.
Prove that the property owner knew or should have known of the danger: This refers to the owner’s duty of inspecting the property for dangerous conditions.
The third element refers to the property owner not fixing the situation: Failing to clean up a spill, repair the damage or prevent customers from going through any hazard that could cause injury.
Finally, the customer must prove that this caused their injuries: In Georgia, this requires establishing that the dangerous conditions caused the injury. This means that the incident is a direct result of the hazard.

Like any other public site, restaurants have the legal duty of keeping their customers safe from dangerous conditions. Exposing them to any hazard will leave the business owner liable.

Getting a team of attorneys to determine the best course of action will be the first step in filing a personal injury claim. Contact the personal injury experienced attorneys at Castan & Lecca; we have represented many accident victims who were injured due to unsafe conditions.

Five Important Things To Know About Premises Liability

August 19, 2022 by Daniel UltimMarketing

According to Georgia state law, an owner or an “occupier of land” could be liable if someone sustains an injury on their property. The owner/occupier may be liable because they had failed to exercise reasonable, or ordinary, care in keeping the property (premises) safe; they were negligent in ensuring the property’s safety. This concept is known as premises liability.

In short, an owner or occupier has the responsibility to keep the space safe for any lawful visitor. An example of an owner would be a property owner, like a business owner or a homeowner. An example of an “occupier” in this case would be an apartment tenant.

What are the types of premises liability cases? By far, the most common reason for premises liability claims are slip and fall injuries. These instances occur when a property owner has failed to keep the premises safe from any dangerous conditions, so a visitor falls as a result.

Negligence could mean a failure to clean up spills, especially when those in charge knew about the spill and did nothing to correct it. Conditions could also include unsafe stairways, uneven flooring, and unfilled holes.

There are many factors to consider when dealing with a premises liability case. In this blog post, we will review five important things that you need to keep in mind if you should be involved with a case of this type. If you’ve been injured at a property due to the owner’s negligence, call us today for a free consultation.

Visitor Status

In general, there are a few types of visitors associated with a possible premises liability case:

Invitee – a visitor on the premises legally, like a patron of a store
Licensee – a person on the premises that is neither a customer, servant nor trespasser
Trespasser – a visitor on the premises illegally
Social guest – a person present on the premises for a social gathering or party

According to the premises liability law in the state of Georgia, the nature of the premises liability hinges on the status of the property visitor. The law states: “Where 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.”

This idea of “being invited,” whether the invitation is passively implied or actively (expressly) given, determines the rest of the premises liability case. The visitor must have been “invited” onto the premises to obtain any damages as a result of any injury.

This means that, in the state of Georgia, the visitor must be on the premises legally, thereby excluding any eligibility of any trespasser that may have entered the premises unlawfully. If it is unclear whether the visitor was an invitee or a trespasser, it is prudent to consult with an experienced premises liability attorney on the matter.

Property Condition

Generally speaking, the owner or occupier of the property has a reasonable responsibility to maintain the condition of the property and ensure its safety. That being said, in a premises liability case, the following factors would be taken into consideration:

The circumstances of the visitor’s visit
The manner in which the property is being used
Whether the accident or injury was foreseeable
The level of effort the owner or occupier took to ensure the environment’s safety

The Matter of Fault

The condition and even location of the property is taken into account in the matter of premises liability fault. If the owner is aware of unsafe conditions on the premises, it is within reason that they should post warnings regarding the danger. This is especially true if the owner knows that trespassers may be likely to enter the property.

However, in Georgia, if the property owner or occupier invites the invitees onto the property with express or implied invitation, then the owner or occupier is liable in the case of an invitee injury. In most cases, any visitor on a premises has a personal responsibility for their own safety. But sometimes accidents can be prevented if the owner is taking steps to ensure everyone’s wellbeing.

For personal injury cases, the state of Georgia is a modified comparative fault state. When the plaintiff bears partial fault for their own injury, their path toward getting full compensation may be limited. According to FindLaw, “an injured person’s legal damages will be reduced by a percentage that’s equivalent to his or her fault for the incident.”

This does not mean that you should not seek compensation if you bear partial fault. If you have been injured due to a property owner’s negligence, even if you feel that you bear partial blame, you should contact an attorney who specializes in premises liability and personal injury. Call us at Castan & Lecca today for a free consultation.

If a Child is Injured

Sometimes, a minor may enter the premises unattended. This could include a child entering a store by themselves or even playing on a school playground on a weekend. The item that gets the child onto the property is known as an “attractive nuisance.” This could lure them onto the property, and they could sustain an injury in this case.

By law, attractive nuisances are items that are man-made. A few examples of attractive nuisances include pools, trampolines, fountains, machinery, treehouses, wells, tunnels, and dangerous animals.

Therefore, property owners and occupiers should take reasonable steps to ensure that these attractive nuisances are kept secure.

The Attractive Nuisance Doctrine has three parts:

Children cannot be expected to fully assess and understand risk
Property owners have a special responsibility to ensure that children remain safe
If this responsibility is not upheld, the property owner or occupier is liable

The owner or occupier must engage in reasonable warnings about the possible danger of injury in the area. In the case of uninvited children on the property, they are not treated as trespassers.

Landlords and Premises Liability

In circumstances where an occupier or employee maintains the premises, the role of the landlord, or lessor, must be taken into account. There are special rules and laws when dealing with the role of the lessor in premises liability cases.

In general, the lessor is no longer held liable for any accidents or injuries on the property once they lease it to an occupier. The occupier, who is in direct control of the property’s condition, is therefore liable for visitor injury and responsible for upkeep of the property.

There are exceptions in this regard. For instance, if a landlord leases apartments to different tenants, the condition of each apartment is the responsibility of each tenant. The landlord, however, must maintain common areas like hallways, stairwells or courtyards according to safety standards.

The Takeaway

Accidents may happen on any number of properties. These properties include office buildings, retail stores, apartment buildings, houses–just to name a few. As a visitor, it’s always good to be aware of possible sources of injury to protect your own personal safety. However, in cases of unsafe conditions that an owner or occupier should be aware of, they are largely liable.

Many people get injured on a property due to unsafe conditions that were a result of the owner’s negligence. If you have been injured, you may have a viable premises liability claim.

If so, you should contact our team at Castan & Lecca. We are exceptional personal injury attorneys who are committed to securing compensation for you and delivering superior results for your case. Call us today for a free consultation.