Slip and falls are one of the most common types of injuries which result in lawsuits against property owners. Falls are a leading cause of spinal cord damage and a leading cause of traumatic brain injury (TBI) so fall injuries need to be taken very seriously. Falls can happen for lots of different reasons, from debris in a walkway to poorly maintained flooring materials to slippery floors. Whatever the cause of the fall, the property owner could be held accountable if it can be traced back to the owner’s negligence or failure to fulfill a safety duty.
It is up to the fall victim or family members of someone killed in a slip and fall to be able to put together evidence and prepare a case for compensation. An Atlanta slip and fall accident lawyer can provide invaluable assistance investigating the reasons why the fall happened and providing proof of liability which is necessary for a victim to recover compensation for damages.
How to Prove Your Right to Compensation in An Atlanta Slip and Fall Case
If you want to recover compensation for a fall injury, you’ll have to show more likely than not that the property owner failed to fulfill a basic obligation owed to you to provide a safe premises. The specific obligation varies depending upon why you were at the property, but generally owners will have a basic duty to either warn you about problems that could lead to a fall or to correct those problems. If they don’t, you have a good case for damages- as long as you can prove what went wrong.
There are many different kinds of evidence you can use to show why the property owner should be held accountable. For example, you could build your case to show liability with:
- Maintenance and/or cleaning logs. If you get hurt on a commercial property or in common areas of an apartment, there may be records of when cleaning occurred of the area, of when inspections of the premises occurred, and of when repairs were made. All of these logs and written records could potentially be used to show the property owner didn’t regularly monitor for hazardous conditions and/or did not take action to correct problems when they arose.
- Eyewitnesses. If people saw the fall and the conditions leading up to it, they can testify about how the fall happened and about the substandard safety conditions at the property that caused the incident to occur.
- Expert witnesses. Many different experts could testify about how and why the fall happened. For example, you could get building inspectors who are experts in local and national building codes to provide testimony about why the property wasn’t up to code and was thus unsafe. You could also get engineering and flooring experts to testify about the coefficient of friction which helps to explain how slippery floors are so you can show the flooring surface was unsafe.
These are just a few examples of the kinds of evidence you may present when you want to prove a property owner was liable for a slip and fall. An attorney can help you to gather the evidence appropriate to your case.
The Atlanta injury lawyers at Sammons & Carpenter, P.C. can represent victims after an accidental injury. Call today at (404) 814-8949 or contact us online to schedule your free consultation.