To win a slip and fall claim, you need to establish the property owner’s liability for a condition that is unsafe. This sounds relatively straightforward, but many elements can come into play.
If you have been involved in a slip and fall accident, there are key legal concepts to be aware of. Accidents on other people’s property happen, and when they do, you may want to talk to a Marietta Personal Injury lawyer to understand your legal rights.
What is Liability in a Slip-and-Fall Case in Marietta?
Lawyers and insurance agents often use terms that may be unfamiliar. One term you’ll hear is liability. This essentially means responsibility.
When a person is ‘liable,’ they can be held responsible for injuries suffered in a slip-and-fall accident.
Exploring Liability in a Marietta Slip-and-Fall Case
Typically, this means that the injured person or persons must prove either recognition or causation.
A property owner, employee, or agent of the owner should have recognized a potentially dangerous condition.
This may be a pothole, a broken sidewalk, or a slippery walkway. The key question is whether a reasonable person would have identified this as a hazardous condition – and had the opportunity to remedy the situation.
A property owner or employee may also have caused the dangerous condition. For example, leaving a wet-mopped floor without putting out proper signage or not leaving obstacles in a walkway.
These are conditions that are obvious and reasonably foreseeable. In other words, someone would encounter the situation and fall due to the slippery surface or hazardous obstacles.
Could an Owner Be Liable for a Slip-and-Fall Accident in Marietta?
Many slip-and-fall accidents occur on stairs, carpets, walkways, or sidewalks. The circumstances for each situation vary, so it is essential to understand if the property owner, employee, or agent is at fault.
Slipping or Tripping on the Stairs in Marietta
In many stores and businesses, a set of stairs is present. Factors that can be involved may be foreign substances on the stairs, missing handrails, frayed carpets on the stairs, or poorly constructed stairs.
The question of liability occurs if the owner created these issues or knew about them but did not address them. In some cases, people trip on stairs through their fault, such as not using existing handrails or texting while using the stairs.
Slipping on Carpets in Marietta, Georgia
Carpets, rugs, and area rugs can give rise to liability. In some cases, area rugs are on a slippery surface without proper grip pads. In other cases, rugs are frayed or damaged with holes. Flooring tiles between rugs may be broken or improperly installed, creating a dangerous surface.
Much like stairways, accidents can occur that are not the owner’s fault. A visitor may be ignoring a caution sign of a wet floor or just not paying attention.
Slipping on a Sidewalk in Marietta, Georgia
Businesses and homeowners could be liable for not keeping paths and walkways reasonably repaired. If you are considering how to protect your rights, speaking with an experienced Marietta Personal Injury lawyer may help to evaluate options.