Establishing Liability for a Slip and Fall Accident

Written By: The Champion Firm Team

Date Posted: 11.30.16

Category: Personal Injury

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Injured in a Slip and Fall? You Have Rights.

Victims who suffer preventable injuries in a slip and fall accident may have a right to pursue legal recourse. If a slip and fall occurs on another person’s property, victims may be able to file personal injury claims against the property owner. In order to recover compensation under premises liability law, however, victims must prove several legal elements.

As cases and situations can vary, it is crucial to have an experienced personal injury lawyer to determine how these legal elements may be applied to the facts of your accident. The Champion Firm, Personal Injury Attorneys, P.C., is available to discuss your case, call us today and schedule an appointment.

Proving Liability for a Slip and Fall Accident

Generally, slip and fall victims will have a right to pursue a recovery of their damages if it can be proven that premises owners failed to uphold their duty to keep visitors and guests free from preventable harm. If premises owners (1) owed a legal duty to victims and if they (2) breached this duty, they can potentially be held liable for victims’ damages.

Proving these two elements will require victims to prove the following:

  • The defendant owned the property – Premises owners are individuals or entities that legally own a property, including residential properties or commercial businesses. Premises owners do not have be present in order to be held responsible for a slip and fall accident.
  • Victims were lawfully on the property – Premises liability law does not cover trespassers, although exceptions may be made in some circumstances, particularly those involving children who wander off. Generally, though, premises liability covers visitors, guests, and licensees, which may include professionals who have permission to be on private property.
  • Hazardous conditions existed and were not properly addressed – Premises owners are required to take reasonable steps to protect visitors and guests from preventable harm. Wet and slippery floors without a posted warning, for example, are hazardous conditions that premises owners – or employees for whom they are responsible – should address immediately. Negligence can occur as a result of failing to address potential hazards or failing to warn visitors of potential hazards.
  • Victims suffered harm – When it can be proven that premises owners failed in some capacity to address potential hazards, it must then be proven that victims more likely than not suffered harm as a result of these conditions. Victims may be eligible to recover any physical, emotional, and financial harm they suffered.

Contact the Attorneys at The Champion Firm, Personal Injury Attorneys, P.C., for the Help You Need

Premises liability can be a complex area of law, and slip and fall cases are often challenging. When these claims are brought against corporations or commercial businesses, legal teams are often employed to contest claims and avoid payouts. This is why working with an Marietta personal injury attorney from The Champion Firm, Personal Injury Attorneys, P.C., is so crucial.

If you or your loved one has been injured in a slip and fall accident, allow a member of our firm’s legal team to review your case during a free consultation. Complete a free case evaluation form or call (877) 427-0498.

About the Author

The Champion Firm is a full-service personal injury law firm serving the greater Metro Atlanta area. Our award-winning team of attorneys specializes in car accidents, wrongful death, premises liability, and slip-and-fall cases. Learn more about our team here.