A national company, such as Target, has the same responsibility as any other property owner to maintain the safety of its premises for its customers. Under O.C.G.A. § 51-3-1, a persona injured in a slip and fall at Target may be able to bring a successful personal injury claim if they have evidence of one or more of the following elements:
- The store’s employees caused the dangerous condition that gave rise to the accident.
- The store’s employees knew about the dangerous condition but did not fix or remedy it before the accident.
- The store’s employees should have known about the hazard because it existed for such a time that a reasonable person would have discovered it (also referred to as “constructive knowledge”).
- The store’s employees failed to warn or caution the customers about the dangerous condition that gave rise to the accident.
How do I prove any of these elements?
Your primary concern after an accident is to get medical care, but you should also take steps to protect any future claims you might file. Make sure you tell the store manager or another employee that you slipped and fell and photograph the scene. An attorney can help you get evidence, such as surveillance tapes or work records. This is why it is so important to get legal advice and counsel after a slip and fall accident, especially if your injuries are serious. Reach out to the personal injury attorneys at The Champion Firm, P.C., in Atlanta, Georgia, for the help you need.
In order to be successful in court, you will need to be prepared to show what caused the accident, that Target’s employees knew or had adequate time to know of the condition, and that they did not take action to protect you or prevent the fall. Eyewitness statements can be very helpful. You may also need to get and review the store policies on monitoring the floors for hazards to see what those policies are.
We can also investigate to see if there are work records that show if employees followed policies on the day of your accident. If the store has surveillance video, you may be able to identify the cause of the accident, whether any employees were in the area who had the opportunity to see and/or fix the condition, and whether warning or caution indicators (wet floor signs) were present.
What defenses might Target use in a slip and fall claim?
Target may seek a summary judgment to keep the case out of court. It can do this if it can show that the accident was due to factors beyond its control and within yours. An example of this might be if it was raining outside and you walked in with wet shoes and failed to wipe them on the entryway mat. Target may also be successful if, for example, it can show that an employee checked the area five minutes before the accident. If there was no slip hazard on the floor when the employee walked through, the store may not be liable because it had exercised reasonable precautions to identify hazards.
To bring a claim for serious injuries you suffered in a slip and fall at Target, get assistance from a personal injury attorney who understands Georgia slip and fall laws. Contact us at The Champion Firm, P.C., at 404-596-8655 right away if you or someone you love suffered injuries in a fall at a Target store.