tuned IN to Injury
Slip & Fall Injury
Duluth Slip & Fall Lawyer
A slip and fall can result in a person’s life changing in the blink of an eye. One minute, they’re walking through a store or down the sidewalk or enjoying an outdoor picnic at a neighbor’s. The next minute they’re on the ground in pain, facing immediate medical expenses and the possibility of a long road to recovery. Whether the accident happened at a place of business or on private property, the injured person may have the right to seek compensation. A Duluth slip and fall lawyer from Attorney in Tune, LLC can evaluate their case.
Attorney In Tune, LLC cooperating attorneys have the experience and background necessary to negotiate with insurance companies and litigate in court when that proves necessary. Call the Duluth office of Attorney in Tune, LLC today at (833) 663-7468 or contact us online. Serving Lawrenceville, Norcross, Gwinnett County and north into Hall County.
The strength of a slip and fall lawsuit in Georgia will revolve largely around two factors–the type of visitor the injured plaintiff was, and the degree to which the property owner breached their duty of care.
Types of Property Visitors in a Gwinnett County Slip & Fall Case
Under Georgia law, slip and fall cases classify visitors to a property in three ways…
The invitee is, as the name suggests, a person who was specifically invited to the property. An example would be a guest at a house party.
The licensee is someone whose invitation to the property is considered to be more implied than expressed. The customers at a retail business would be a prime example of this classification. They might not have received an engraved invitation to come and do business, but the moment the store put an “Open” sign on the door, the invitation was certainly implied.
Invitees and licensees are owed a duty of care by the property owner. The duty of care is generally understood to include the property owner’s responsibility to maintain their area in a way that makes injuries less likely. A homeowner that hosts a party would be expected not to have a nail protruding from one of the steps. A business owner might be expected not to have potholes in their parking lot.
At the very least, if a property owner has been unable to make needed repairs, they are expected to provide reasonable warnings to their invitees and licensees about the potential for danger .
Now we come to the third and final category and that is trespassers. As might be expected, trespassers are owed the lowest duty of care. But depending on the circumstances of the trespass, the duty of care might still exist, at least to some small degree.
The most extreme example of a trespasser would be a robber. While one should never say never in the field of law, let’s just say it’s difficult to imagine a circumstance where the robber would be owed a duty of care by the property owner they are trying to steal from. Other examples of trespassers though, are more nuanced.
For example, a homeowner with something in their yard that might attract a child–a swimming pool being a prime example–will likely be expected to take prudent steps from preventing injuries to children, who may not have the same knowledge of property boundaries that adults do. An uninvited guest to a house party is technically trespassing. But unless they’ve been explicitly asked to leave, there’s the possibility they will get the same protection as an invitee or licensee.
That protection is defined as the property owner’s duty of care. It is the breach of that duty which forms the basis of a slip and fall lawsuit.
Property owners, either residential or commercial, are not expected to prevent every bad thing from happening on their premises. What they are expected to do is act with reasonability and foreseeability regarding the prospect for accidents.
Courts understand that the owner of a retail store might not be able to clean up a spill seconds after it occurs. But if the spill lingers for hours? Courts understand that a property owner might not be able to fill up every hole in their lawn prior to hosting a barbeque. But failure to tell people that the volleyball game they’re setting up has a big hole right in the middle? That failure invites liability.
It’s considered reasonable to clean up a mess soon after it happens or to make visitors aware of dangers on the property. It’s considered foreseeable that an accident will occur if reasonable action is not taken. When a property owner fails to act reasonably on a foreseeable problem, they have breached their duty of care.
Proving breach of duty calls for a Duluth slip and fall lawyer who knows how to do diligent legal preparation and then follow that up with strong advocacy, both in negotiation and, if necessary, in litigation. Our cooperating attorneys have been preparing, negotiating, advocating, and litigating on behalf of their clients since 2012.
Call Attorney in Tune, LLC today at (833) 663-7468 or contact us online to set up a free consultation.