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Proving Slip and Fall Accidents in Georgia

Posted by James Paisley | Mar 22, 2021

Most business slip & fall claims are governed by O.C.G.A. §51-3-1 and §53-1-2. Georgia businesses or landowners (or those charged with managing the property) have a duty to keep the home reasonably safe. However,  their  liability will depend on  whether the injured person was invited to the property, had a license to be there, or was simply trespassing. Invitees can include shoppers in a store, patrons in restaurants or bars, etc. 

Some of the most common types of Georgia premises liability lawsuits arise from: 

  • Carpeting, flooring, or rugs that are damaged, worn, or frayed, creating a tripping hazard
  • Any blatant structural problems in the business that result in injury 
  • Railings and banisters which are loose
  • Stairways or uneven floors which are not clearly marked and cause a slip and fall accident
  • Walkways, driveways, or pathways that have not been maintained due to weather conditions, ordinary use, or simply age
  • Boxes left in aisles at stores
  • Wet floors that are not marked in places one would not already expect to be wet like a bathroom

Facts that will kill a homeowner's slip & fall case:

  • If you traversed the dangerous area before hurting yourself then it gets more complicated
  • If you should have known the area was dangerous then it becomes harder to get past summary judgment
  • If the obstruction or danger was open and obvious then recovery becomes much more difficult. I knew of one case where summary judgment was granted in Cobb County because the slip and fall occurred in a public bathroom where the floor was very wet. The judge ruled that water is expected on the bathroom floor so the invitee should have had equal knowledge of the danger 
  • If it's raining outside and upon walking in the home, the person slips and falls on the wet floor because of the rain. Raining = client should have known and been more careful

Affirmative defenses: 

  • The plaintiff had equal or superior knowledge
  • The danger was open and obvious
  • Any other contributory negligence
  • Assumption of risk

Contact us about your slip & fall claim:

To speak with a qualified Atlanta slip and fall attorney, call (404) 618-0960 or contact us for a FREE case evaluation. If you have a valid claim and choose to proceed, we will conduct a comprehensive investigation to collect evidence and prove causation.

About the Author

James Paisley

Firm Founder + Senior Partner Born and raised in Georgia, Attorney James earned an undergraduate degree at Georgia Tech, graduating with high honors. Afterwards, he went on to study law at Florida State University, where he also graduated near the top of his class. James began his legal career i...

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