Attorney Richard Armond of The Armond Firm, LLC, is licensed to practice law in the State of Georgia. Based in Gwinnett County, he handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. Call him for a free consultation at (678) 661-9585.
Slip and fall cases fall under the area of premises liability law in Georgia. This post will address one of the most common types of slip and fall cases, that being where an “invitee” suffers a personal injury. O.C.G.A. § 51-3-1 states:
“Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”
This statute sets forth the legal standard that the owner or occupier of land owes to an invitee. An invitee is typically, though not limited to, a customer, a tenant, etc. Personal injuries from slip and falls can take place at all sorts of places such as a store that sells any type of goods, apartment complexes, hotels, and many other locations. The owner or occupier of land can be any type of business or an individual person. The all important legal standard in O.C.G.A. § 51-3-1 is that when the person who suffers the slip and fall injury is an invitee, such as a customer at a store, the occupier of the land (the business), can be held liable when the business failed to exercise ordinary care in keeping the premises safe.
One example of a business not using ordinary care would be a grocery store in which an employee knew of a spill on the floor, but where the store did not take appropriate measures to clean up or give customers notice of the spill. In a personal injury case based on a slip and fall, the litigation will often focus on whether the business or other responsible party exercised ordinary care in keeping the premises safe. A case where a grocery store has appropriate flooring, has procedures in place for routine inspections of the aisles of the store, has written documentation of those procedures being followed and/or video evidence, and in which an item was spilled moments before the unsuspecting customer was injured will be much harder to recover on than a case in which an item had been spilled for a long period of time or in which an employee knew of the spill but did not follow appropriate procedures to alert customers and clean up the spill.
In addition to a battle over whether a business exercised ordinary care in keeping the premises safe, the plaintiff must always prove damages in a personal injury action. If you have been injured your health should come first. Seek immediate medical care for your injuries and follow all treatment and rehabilitation recommendations of your medical providers. Documentation of immediate care for your injuries and following through on the treatment plan of a trained medical provider such as a licensed physician is the best way to later be able prove damages.
If you or a loved one have suffered a personal injury because of a slip and fall accident please contact attorney Richard Armond at (678) 661-9585 for a free consultation today.
The information above is for informational purposes only and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.