Trip and Falls
Experiencing a trip and fall accident is often a sudden, unexpected, and painful event. Whether you are out running errands, engaging in a leisure activity, or at a business, the owner of the property owes you a duty to take reasonable care to keep the premises safe and to warn you about any dangerous conditions on the property that may cause you harm. Despite this, many Georgia property owners fail to maintain their premises according to this standard, placing guests and the public at severe risk of suffering devastating injuries. If you have been hurt because of a property owner’s carelessness, Athens trip and fall lawyer Joshua W. Branch can assist you. As an experienced injury attorney, he has substantial experience representing victims of trip and fall accidents and knows what it takes to vigorously assert the rights of victims.
Trip and falls typically result from uneven flooring, uneven staircases, faulty staircases, nails or other obstructions, poorly maintained carpeting, or misplaced objects on the floor or ground.
Imagine you are at the grocery store during the busy hour after work. With employees and other patrons rushing around, someone has accidentally knocked a jar of pickles from the shelf, spilling the contents of the jar all over the aisle. Several employees have seen the spill, but because they are busy with their other duties, they don’t have time to put up a sign indicating the wet floor. You come around the corner with your shopping cart and slip in the liquid, and then fall onto the shards of glass from the shattered jar. In the process, you also end up hitting your head on the floor. Employees rush to your help and call an ambulance, but you are still saddled with medical bills, the cost of the ambulance, and you have to call in sick to work for several weeks while you recuperate.
What should have been a simple excursion quickly turned into a nightmare, all because the store did not take reasonable measures to warn you of the wet floor. The Georgia civil system can help you get compensation in a situation like this.Pursuing Compensation after a Trip and Fall
A trip and fall accident often leads to a personal injury case. These lawsuits seek to hold an individual or entity responsible for negligent conduct and to provide compensation to the victim. In a Georgia trip and fall case, a plaintiff must prove that the defendant had actual or constructive knowledge of the dangerous condition that caused the accident. The plaintiff also must show that he or she either was unaware of the dangerous condition or, due to some reason attributable to the defendant, was unable to discover its existence.
Constructive knowledge means that there were sufficient conditions in existence before or at the time of the accident to give the defendant notice that the dangerous condition was present. In the example above, the customer would need to show that the store employees actually saw the spill (actual knowledge), or that the spill had been there long enough that they should have seen it if they had been exercising reasonable care (constructive knowledge).
After proving that the defendant failed to exercise due care, you must next show that this failure was the direct cause of the accident. This typically requires proof that you likely would not have been hurt but for the defendant’s lack of due care. In the above situation, this would entail proving that had an employee placed a “wet floor” sign near the spill or simply cleaned it up promptly, you would not have fallen.
Victims of trip and fall accidents may be entitled to seek damages for medical bills, missed paychecks, lost future earning capacity, diminished quality of life, and pain and suffering, among any other forms of compensation that may be appropriate in the circumstances. Although financial compensation cannot undo what happened to you, it can at least help offset the significant costs you might have incurred as a result of someone else’s actions.Enlist an Experienced Athens Lawyer for Your Trip and Fall Case
If you or someone you love has been hurt as the result of a trip and fall accident, you may be entitled to compensation. Athens trip and fall attorney Joshua W. Branch serves victims and their families in many Georgia cities, including Savannah, Decatur, Marietta, and Athens. We are passionate about helping injured people aggressively pursue justice. We believe that you deserve professional legal representation, especially when you are going up against insurance companies, which usually do not have your best interests in mind. We offer a free consultation to help you learn about the rights and remedies to you. Call us at 1-844-696-4536 or contact us online to set up an appointment with a knowledgeable trip and fall or slip and fall attorney.