Georgia follows a modified comparative negligence law for personal injury claims. The state awards settlements to personal injury claimants as long as the other party is primarily at fault.
For example, if you’re shown to be 49% at fault, you can still recover money. You just can’t share fault equally with the other party. That is why you need to be able to refute some of the arguments the other side may make.
Why Making a Strong Case for a Tort Claim Is Important
If you file a slip and fall and file an injury claim then, you must show strong proof that the other party was primarily to blame, or negligent, for your fall and injuries.
To show negligence, you must prove:
- The defendant owed you, the victim, a duty
- The defendant breached this duty
- Because this duty was breached, you, suffered an injury
- As a result, you suffered damages
Deflecting the Other Side’s Arguments
The other side may counter your claim by underscoring certain factors – factors that may reduce what you can recover for a settlement. For example, they may look at the shoes or clothing you were wearing at the time of the accident,
Maybe you were texting or speaking on your cell phone. If so, you may have not paid enough attention to where you were walking.
Wearing the “Wrong” Shoes
Again, the defendant can further “trip you up,” if you happen to fall, by pointing at your footwear. While the condition of the other party’s floor may have led to your accident, you might also have to take some blame if you were wearing the “wrong” shoes.
For example, you may file a claim if the floor was wet, waxed, featured missing tiles, or you were injured while navigating a broken stair. Potholes in parking lots, torn carpeting, loose area rugs, and cracked sidewalks can all lead to mishaps as well.
However, if you were wearing three-inch heels or your soles were badly worn, it may affect what you’ll receive in this type of lawsuit. If you slip or trip and fall then, it’s important to preserve the shoes you were wearing on the day of the accident.
Hopefully, if you can show you were wearing sensible and slip-resistant shoes, you can further prove your case and increase your settlement.
Make sure you keep the items you were wearing on the day of the fall and take photos of the accident location as well. Doing so will help you meet the burden of proof and show why the owner breached their duty, which led to your injuries and damages.
What to Do If You Slip or Trip and Fall
If you slip or trip and fall, it’s important to report the accident to someone in charge at the location. If a manager is not available, call the police to file a report. Also, see a doctor the same day so you’ll have evidence to support your injury and, more importantly, to ensure you’re okay.
Besides the fall site and your footwear and clothing, it’s also important to have a sharp recall of what happened and to get statements from witnesses.
In some instances, a warning sign about a wet surface or a visual alert of a hazard may also diminish your ability to receive damages.
Understanding what factors can affect your slip-and-fall case, or any personal injury claim is both helpful and important. That is why you need to consult with a personal injury law firm to support your case so you can receive the highest settlement possible.
Contact a Slip-and-Fall Attorney Now
Contact a slip-and-fall attorney today. Arrange a consultation with Slappey and Sadd by calling (888) 474-9616. If you’ve fallen and have been injured or you have another personal injury claim, now is the time to receive the compensation you need.