Kennesaw Slip and Fall Injury Lawyer
HS Law represents victims in Kennesaw and the Greater Atlanta area who have been injured in a Slip and Fall incident.
Hazardous conditions on another’s property can become very dangerous to unsuspecting people. Georgia has specific laws for property owners in place that are to prevent slip and fall accidents. If you have been injured by slipping and falling on any property that isn’t your own, you may be eligible for a lawsuit claim. HS Law can help you gain compensation for medical costs and lost wages. Call us at 404-400-1175 for a free consultation to address your case.
What to do after a slip and fall accident
If you are injured after falling on someone else’s property, there are several things you need to do to reasonably pursue a claim. After taking these steps, call HS Law to get started on your free consultation.
Ask for Help
It is important that you are helped up and immediately assessed for medical issues following a fall. Trying to get up and walk away on your own could do more harm than good in the long run. It is recommended that you get assessed by a medical professional and to document the incident to help show that your injuries were a direct result of your fall.
It is crucial to gather certain documentation before the scene of the fall is fixed or removed.
Information to gather following a slip and fall
- Note where and when the incident took place. If the owner of the property is there, get their information too.
- Write down what happened and include specific details. Writing it down will help in case details are forgotten down the road.
- Get the contact information for any witnesses and people that helped, including names and telephone numbers. If you talked to an employee of the company, get their contact information too.
- Take pictures of the area that the incident happened, especially if there was a specific thing that caused you to fall. It is important to do this before the company fixes or removes the thing that caused you to fall.
File an Accident Report
Immediately report your fall to whoever oversees the area of the incident. While making sure that someone who is affiliated with the company knows about the incident, it is very important that you remember a few things.
Tips for interacting with property owners
- Do not give any recorded statements.
- Do not admit fault.
- Record the name and contact information of the employee that you spoke with.
- Do not sign anything before, after, or during the process of filing a report.
Call HS Law as Soon as Possible
Fighting a slip and fall injury case is complicated and has many twists and turns to it. By allowing us to help, we will take the necessary steps in evaluating the case and communicating with those involved, so that you don’t have to.
Georgia law will not allow injury victims to present evidence in a trial that a company fixed or repaired a dangerous condition (the legal term for this is subsequent remedial measures).
To help clients fight big insurance companies that cover companies, and to prevent evidence from disappearing, HS Law will send a preservation of evidence letter to prevent the destruction of evidence. This is a letter that compels a business owner to save evidence related to your injury.
If the company does not save the evidence after receiving this letter, the judge will tell the jury to assume the evidence was not favorable to the company. At HS Law, we send a preservation of evidence letter on every premises liability case we handle.
Your time to file a claim may be running out. Some cases require an Ante Litem notice to be sent within six months from the date that you were injured. Please give us a call at 404-400-1175 for a free consultation to address your specific case before it’s too late.
There is a legal doctrine in place that holds property owners reliable for making sure their premises are safe, called “premises liability”. This includes proper inspections, repairs on known hazards, and a proper warning of existing threats to visitors. If an accident happens and they fail to maintain their space, they will be held liable for the damages of the victim.
Unfortunately, many prospective clients that call other injury law firms never have their potential cases evaluated by attorneys. Many other personal injury law firms rely on “Case Managers” or “Intake Specialists” to evaluate potential cases. This is another way of saying that an attorney is not evaluating your case. Georgia premises liability law is very complex and non-lawyers frequently miss important information when evaluating potential new cases. Do not rely on advice from a non-lawyer. Your potential case deserves attention from a licensed and experienced slip and fall injury lawyer like those at HS Law.
Open and Obvious
If you suffer an injury on someone else’s property in Georgia, there are many potential ways an insurance company can defend your case. “Open and Obvious” is one of the defenses used by insurance companies handling premises liability cases. Basically, this defense states that if the injured person easily could have seen the hazardous condition (often something spilled or dropped on the floor), the store owner is not legally obligated to pay the injured victim.
Insurance company adjusters frequently deny claims by using this legal defense without examining all the facts. For example, if you told the insurance adjuster that the puddle of liquid that caused your fall was massive but did not go into more detail, the insurance adjuster may deny your claim based on that fact alone.
Some other important facts to know before denying this type of claim include not only the size of the spill but also what color the flooring was and what color the liquid was that spilled. Was the liquid clear? Was the floor white? If so, the spilled liquid may not be open and obvious despite the fact that there was a lot of it on the floor. The bottom line is that slip and fall cases require thorough legal evaluation by experienced lawyers. The lawyers at HS Law are happy to talk with you regarding your potential claim, even if it has been denied by an insurance adjuster.