In Georgia, a slip and fall is considered a type of premises liability that involves someone falling while on someone else’s property. What most people who do not practice law usually do not realize is that a fall in and of itself is not enough to establish that the property owner is negligent in any way.
Under Georgia law, in order for the courts to find someone liable for premises liability or slip and fall negligence you must prove four things. They are:
Duty: Ownership alone is not enough to prove negligence. The owner/occupier of the property has a duty to inspect his property and to notify people who enter his property of any and all foreseeable dangers on the property. The duty of the owner does not include dangerous conditions which are open and obvious to anyone who enters upon the property.
Breach: Liability is only attributed to the owner/occupier if they caused a distraction which created the dangerous condition. If the injured party distracted themselves they would not be able to hold the owner/occupier responsible for their damages.
Causation: The injured party must be able to prove that the injury was caused by the distraction or dangerous condition.
Damages: The injured party must prove that the damages sustained were a result of the dangerous condition.
If and only if you can prove these four items do you have an opportunity to be successful in a slip and fall or premises liability claim.
With all aspects of the law, there are exceptions, if you have a slip and fall claim you should Atlanta Premises Liability Attorney today at 770-948-5454!