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.