Many of the cases we encounter involve a slip and fall on someone’s property. A lot of these accidents are avoidable and caused by a property owner’s negligence – his or her failure to properly maintain that property. These accidents can result in severe and lasting injuries that need attention, care, and time to heal. When these victims seek compensation for their injuries, they need the help of an Atlanta personal injury lawyer.
Slip and fall cases are among the types of legal cases known as torts, or personal injury cases. To succeed in proving a slip and fall case, and ensuring that the property owner pay for the damages that resulted, there are several elements the injured victim must prove. It is only advisable to do so with the help of a qualified Atlanta personal injury lawyer.
Elements of a Personal Injury Case
In any slip and fall case there are four primary elements that must be present to enforce liability against an owner. Those elements are:
- Breach of a duty
- Causation of the damages
- Harm because of the breach and causation
Without these four elements intact, it is impossible to prove liability in a personal injury case, and they are what lawyers will argue over leading to a conclusion of a case.
Beyond Personal Injury: Showing Fault With Slip and Falls
In slip and fall cases, much of the arguing by both sides of a case is centered around the issue of breach. In a typical slip and fall case, the breach that occurs and causes the damage happens when a property owner fails to properly keep the properly in safe condition. This can mean failing to clean up a spill at a service station, having wet floors after a cleaning, or simply leaving debris scattered on a floor.
In all of those instances, it is clear that the property owner owed a duty of care to those who came to his or her property, and breached that duty by failing to maintain the property. In other cases it is not so clear, and owners will defend their actions under a number of different theories.
Defense to a Slip and Fall Case
One of the most common defenses to a slip and fall case is when the property owner claims the victim should have known about the hazard. This rule states that a victim should not recover for his or her injuries when the injuries are caused by something that “any person with ordinary, common sense would recognize as something that might cause a person to trip, slip, or fall.” This kind of a defense basically says that a person knew about the danger or should have known, and so it is the victim’s fault.
Your Personal Injury Attorney in Atlanta
Slip and fall cases, while common, have lasting effects that should be paid for by the owner who failed to maintain his property. If you are the victim of a slip and fall accident, you need the right personal injury attorney in Atlanta to handle your case. At The Angell Law Firm we have the experience and qualifications that your case deserves. Contact us today.
(image courtesy of Dan Carlson)