Articles Posted in Slip and fall accidents

IciclesWhile Georgia may not see much snow, we do get plenty of ice. We tend to worry primarily about ice when behind the wheel of our car, but it’s important to remember that ice can lead to falls and very serious injuries. Cuts, scrapes, and bruises may not require much treatment, but some falls result in broken bones, concussions, and other injuries that can require surgery and time off of work. In those cases, you may be entitled to compensation from the property owner for negligence, but it’s important to understand how to make your claim.  


Principles of Premises Liability

Whether or not a property owner should be held liable for someone else’s injury is typically determined by a negligence standard. Most people understand negligence to mean careless or reckless behavior. In the context of premises liability, a property owner is negligent when he or she fails to maintain the property according to a standard of ordinary prudence under the circumstances. For example, a property owner could be held liable if someone fell on a staircase that was the main entry to the building and in obvious need of repair. So, the questions that typically need to be answered in this scenario are as follows:

An overhead view of a baseball stadiumIt’s October – college and professional football seasons are in full swing, and the Braves are in the playoffs! Concerts, sporting events, and other entertainment events can be a great way to spend time with friends and family. Unfortunately, accidents happen, and some accidents can result in serious injury. If you’ve been injured at a stadium, arena, nightclub, or other entertainment venue, you may want to speak with a lawyer in order to understand your rights.  

The Venue’s Obligation to Keep You Safe

Just like any other property owner, the venue owner has a duty to maintain and operate the venue so as to ensure the safety of the guests. This includes things like fixing broken railings, broken seats, and repairing other hazards, but also placing the appropriate signage concerning potential hazards that can’t be removed. When the venue owner fails to do these things, the owner may be potentially liable for any injuries that result due to their failure to maintain and operate the property appropriately.  

slip-up-709045_1920-300x200While most slip and fall accidents bruise nothing but our pride, some falls can result in serious injury. Property owners owe a duty to their guests and other visitors to ensure that their property is safe and free from hazards. In the event that the property owner negligently maintains his property causing someone to be injured, the property owner may be held liable for the victim’s medical expenses, pain and suffering, and other losses.  

But what if you can’t tell who owns the property? This issue can be somewhat complicated when a slip and fall injury occurs at a condominium or homeowners association.  

Condominiums

If you’ve ever had to care for an older parent or relative in your home, you know how stressful it can be. They are unsteady on their feet, and the constant fear that they will fall and injure themselves has you sitting up in bed at the slightest sound. Eventually, you realize that your home isn’t equipped to meet their needs, and so you move them into a home that is better suited for their mobility issues. We all assume that nursing homes and assisted living facilities provide a safe environment for our elders. Who is at fault when they fall and get injured?  

Negligence in the Nursing Home Context

We’ve written previously about how to define negligence, but to review, someone is negligent when they fail to act with the same level of care that someone of ordinary prudence would have exercised under the same circumstances. It’s important to note the phrase “under the same circumstances” in order to understand that what may be negligence in one situation is not negligence in another. To apply it to the context of this post, what may constitute negligence in a nursing home may not be considered negligence in an apartment context. Here are some examples of potential negligence in nursing homes and other assisted living facilities:

Esteemed Lawyers - ELOA
Georgia Trial Lawyers Association Badge
Georgia Trend
Best Lawyers
Super Lawyers Badge
AV Preeminent - Martindale-Hubbell
Top 100 Trial Lawyers
Litigator Awards
Atlanta Bar Association
American Bar Association
State Board of Workers' Compensation
Million Dollar Advocates Forum
State Bar of Georgia
Avvo Rating 10.0 Superb