Who Is Responsible for a Slip and Fall on Public or Private Property

Slip and falls, while appearing minor compared to other injuries, can have a profoundly life-altering impact. They occur in a split second. One moment you’re standing, the next you’re on the ground, and something doesn’t feel right. When that happens, you need legal representation to ensure you understand your options.

At My 25% Lawyer, we are dedicated to helping victims of property injury incidents receive fair compensation for their injuries. We help you navigate the complexities of slip and fall cases to ensure your rights are protected. Our experienced legal team operates on a system that aims to keep as much of the payout in your pocket as possible.

Understanding Slip and Fall Cases

Slip and falls happen every day, but that doesn’t mean a court case is always the result. Cases arise when someone falls due to a hazardous condition, leading to an injury. They can occur anywhere, in both public and private spaces, at any time. Places where slip and fall cases, also known as premises liability, can occur include supermarkets, retail spaces, hotels or resorts, sidewalks, parking lots, and residential areas.

Private vs. Public Property Slip-and-Falls

Private property can include homes, stores, restaurants, and parking lots. If you’re injured on private property, the owner or tenant may be held responsible. When dealing with private property, factors such as notifications of hazards, insurance, and whether you were invited onto the premises will be taken into consideration by your attorney.

• Notification of hazards. The owner or tenant was aware of, or should have been aware of, the danger and failed to take action to address it. Evidence of negligence can be helpful in this case.
• Invitees vs. licensees vs. trespassers. An invitee, such as a delivery driver or contractor, has the highest duty of care assigned to them, followed by a licensee, like a party attendant or visiting friend. Trespassers generally do not have a standard of care associated with them as they are there illegally, unless the owner acted with malicious intent.
• Insurance coverage. Property owners are expected to have liability insurance to cover accidents. Whether they do or not may affect the outcome of the case.

Public property usually refers to areas such as sidewalks, green spaces, government buildings, and streets maintained by local, state, or federal government entities. Cases resulting from a fall here may be more difficult, as government agencies have certain protections under sovereign immunity. Public property cases will consider notice requirements, proving negligence, and exceptions for design defects.

• Notice requirements: In the Peach State, you must file a notice of claim within a specific time, usually within six months. Failing to do so may mean you lose your right to compensation.
• Proving negligence: Like private property, you must prove the caretaker of public property was aware, or should have been aware, of the danger and that they failed to address it within a reasonable time.
• Exceptions for design defects: In some cases, the conditions that caused your injuries may have resulted from a flawed design, not poor maintenance. However, these cases are usually more challenging to win.

Common Accident Types and Injuries

These types of accidents can be hazardous, as falling too hard or hitting the wrong part of your body could result in a traumatic head injury, spinal cord injuries, paralysis, bone fractures, soft tissue injuries, joint dislocations, and sprained or strained muscles. Slips and falls may be caused by:

• Poor lighting
• Ice
• Spilled liquid
• Debris
• Potholes
• Standing water
• Unkempt pavement or sidewalks

Potential Compensation

When pursuing a slip-and-fall case, you may be able to receive compensation for:

• Medical costs
• Loss of income
• Pain and suffering
• Permanent disability
• Available insurance coverage

Determining Liability

Most slip-and-fall cases take time to resolve because they involve multiple steps. The most crucial step is determining who is liable. For both private and public areas, the law requires property owners to maintain safe premises and warn visitors of any potential hazards they may encounter. When considering how to sue the city for negligence, remember that under O.C.G.A. § 51-3-2, your attorney must prove:

• The city government had a duty of care to repair and maintain the sidewalk.
• The city breached its duty of care and failed to take prompt action to correct the sidewalk’s dangerous condition.
• You suffered injuries and damages due to the city’s negligence.

Suing for Sidewalk-related Falls

So, can you sue for an uneven sidewalk if it caused your injuries? Yes. Most cases will be classified as private, but some may be public. When injured on public property, a government entity may be liable for failing to maintain the sidewalk. If they have failed to do so, you may be able to sue them. Regardless of the cause of the sidewalk condition—whether it is tree roots or negligent construction—they must address the issue in a reasonable amount of time.

Slips and Falls Don’t Have to End It All. Call My 35% Lawyer.

If you’ve been involved in a slip-and-fall accident on private or public property, you shouldn’t have to figure out the logistics of building a case on your own. The team at My 25% Lawyer will handle that for you, allowing you to focus on healing.

Never worry about your 25% attorney taking too large a chunk out of your settlement. We will ALWAYS only take 25%, regardless of whether we file or settle. Give us a call today to learn more.