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Trip and Fall Accident Attorney in Atlanta, Georgia

According to the CDC, over 800,000 patients a year are hospitalized because of a fall injury, most often because of a head injury or hip fracture. Accidents happen, and sometimes they can have severe consequences. If you've ever tripped and fallen due to hazardous conditions on someone else's property, you know how painful and disorienting it can be. Beyond the physical pain, there's also a sense of injustice, knowing that your suffering could have been prevented if the property owner had taken appropriate precautions. 

That's where The Law Firm of Walter Gabriel, LLC comes in. Attorney Walter Gabriel has dedicated his career to fighting for people like you, who've been injured through no fault of their own. With his extensive knowledge of Georgia law and a track record of success, he's the advocate you need to seek fair compensation for your injuries. He proudly serves clients in Atlanta, Georgia, and throughout the surrounding area including Dunwoody and Alexandria. 

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Trip and Fall vs. Slip and Fall

A trip and fall accident happens when a person's foot or leg strikes an object, leading them to lose balance and fall. These accidents often occur due to uneven surfaces or obstacles in the walking path. Such mishaps often lead to injuries like broken bones, head injuries, and facial injuries. 

On the other hand, a slip and fall accident occurs when a person loses traction on a slippery surface, causing them to fall. This can happen due to wet floors or icy sidewalks. The key difference between these two types of accidents lies in the direction of the fall and the specific circumstances that caused it. 

Understanding the difference between trip and fall and slip and fall accidents is crucial when determining liability and pursuing a personal injury claim. The specific circumstances and causes of the accident will determine who may be held responsible for the injuries sustained. 

Premises Liability in Georgia

Premises liability is a legal concept that holds property owners accountable for injuries that occur on their property due to negligence. This can apply to residential and commercial properties alike. For example, a grocery store that doesn't promptly clean up a spill and causes a customer to slip and fall would be a case of premises liability. 

A trip and fall accident, where a person trips over an object or uneven surface and falls forward, is another typical example. In Georgia, property owners are expected to keep their premises reasonably safe and warn visitors of any known hazards. 

Remember, Georgia law enforces a statute of limitations on premises liability claims. You generally have two years from the date of the accident to file a lawsuit. It's wise to get in touch with an attorney as soon as possible to ensure you meet this deadline. 

Determining Liability

Determining who's liable in a trip and fall accident depends on the specifics of the case. Property owners or homeowners may be held responsible if they failed to maintain their property or didn't warn visitors of known hazards. Similarly, business owners have a duty to keep their premises safe for customers. 

In some cases, a government entity may be held accountable if the accident occurred on public property and the entity didn't address a known hazard. If you contributed to the accident through your carelessness, your compensation might be reduced based on Georgia's comparative fault rule. 

Proving Fault

Proving fault is a critical element in any personal injury lawsuit, including trip and fall cases. In this context, you must demonstrate that the property owner or another party was negligent, and this negligence resulted in your injuries. 

Here are some key steps they undertake to prove fault: 

  • Identify the Hazard: The first step is to identify what caused the accident. Was it a wet floor? An uneven surface? A cluttered pathway? Pinpointing the exact hazard helps establish the basis for negligence. 

  • Collect Evidence: Gathering evidence is crucial. This could include photographs of the hazard, witness statements, or surveillance footage if available. An experienced attorney has the resources to determine what kind of evidence will strengthen your case. 

  • Establish Property Owner's Knowledge: You must prove that the owner either caused the condition leading to the fall, failed to correct it, or should have known about it under reasonable circumstances.  

  • Link the Negligence to the Injury: It's essential to show a direct link between the negligence and your injuries. Medical reports and expert testimonies can help establish this connection. 

  • Assess Comparative Negligence: Georgia follows a modified comparative negligence rule. If you're found partially at fault for the accident, your compensation may be reduced proportionally. 

Modified Comparative Fault in Georgia 

Georgia follows a modified comparative fault rule in personal injury cases. Under this rule, if you are found partially at fault for the accident, your compensation may be reduced accordingly. However, if your percentage of fault is 50% or more, you may be barred from recovering any compensation. 

For instance, if you were deemed 20% at fault for a trip and fall accident and your total damages were $100,000, you would receive $80,000 after a 20% reduction.

Trip & Fall Accident Attorney Serving Atlanta, Georgia

If you've been injured in a trip and fall accident in Atlanta, Georgia, or the surrounding areas, including Dunwoody and Alexandria, it's essential to seek legal counsel promptly. Attorney Walter Gabriel is dedicated to helping victims of personal injury navigate the complexities of their cases and fight for the compensation they deserve. Contact him today for a free consultation.