The law in Georgia imposes a duty on property owners to make sure their premises are free from dangerous hazards that might cause injuries. If this duty has been violated and you have suffered injuries because of an unsafe property condition, our Atlanta slip and fall attorneys may be able to help you recover monetary damages.
Highlighted Slip & Fall: Apartments & Condos
Potential slip and fall hazards are plentiful in apartment buildings and condos. Whether it’s slippery walkways, objects left in the hallway, uneven flooring, poorly lit stairways or other hazardous conditions, apartment owners have a duty to keep their property safe.
Tipping in condos is a slightly more complicated situation than doing so in an apartment. While most contracts state that the homeowner is responsible for the maintenance of everything inside the condo or house, they may be entitled to compensation if a trip occurs in the in a condominium’s common area.
To sue a condo’s home owner’s association (HOA), you must prove the following:
- The HOA contractually owed you a duty of care. If your contract states the HOA a duty to take care of common areas, you satisfy this element
- The HOA breached this duty. If the HOA knew about the condition and did nothing to repair it, it has breached its duty.
- This breach caused your injuries. This means that because the HOA did not repair a hazardous condition, you suffered an injury.
- You suffered injury or property damage because of your slip and fall accident.
If you are involved in a slip and fall accident in Georgia, you have 2 years to file their claim if you are injured and 4 years to file a claim due to property damage.
Slip & Fall Accidents at Walmart
Do you frequent one of the multiple Walmart’s in the Atlanta area? Maybe you live off Tilson Road and need to get some repairs done at the Walmart Auto Centers or maybe you just picked up your children at West Manor Elementary School and want to grab a snack at the Subway at the superstore on Martin Luther King Junior Drive. Regardless of the reason or the location you frequent, most Atlanta residents go to Walmart as it is the leading retail corporation in the world with sales per store averaging $66.67 million per year.
Millions of people traffic through each of Atlanta’s Walmart stores every year, meaning it is also one of the biggest preparators of negligence-related trip and fall accidents in the area. Some major slip and fall settled against Walmart include:
May 2013, Florida: $1,000,000 Verdict: Valerie Dantzler slipped and fell in a Northside Jacksonville Walmart when returning to an aisle to check the price of an item after a checkout pricing discrepancy. Ms. Dantzler had a shoulder surgery two weeks prior to the accident and reported no pain in a follow-up appointment to the doctor’s office the day before the incident. After the fall, Ms. Dantzler again had pain in her shoulder that was diagnosed as irreversible nerve damage. The jury returned with a $1 million verdict in favor of Ms. Dantzler of which she received $800,000 – $195,000 for past and future medical expenses, $220,000 in past and future lost wages and $585,000 in past and future damages for pain and suffering.
March 2013, Texas: $199,112 Verdict: A 42-year-old clerical worker slipped and fell while walking in the meat department of an El Paso Wal-Mart due to a wet, soapy floor due to excess soap and incorrect mopping. She also claims the floor was unmarked with any signage claiming it was wet. After being taken to a hospital, she was treated for herniated discs, spinal injuries, a sprained right ankle and a torn ligament in her right knee. A jury found awarded the plaintiff a $199,112 verdict for her injuries.
February 2013, Louisiana: $130,110 Verdict: A 37-year-old woman was walking through a Wal-Mart in on a wet and soapy floor. She sustained knee, foot, and shoulder injuries. The jury rendered a $130,110 verdict to the Plaintiff for her injuries.
Driving Directions from the Cleveland Avenue Walmart Superstore to the Morgan & Morgan Atlanta office:
Dealing with Insurance Companies in Slip and Fall Cases
Under the law, a property owner is not liable for injuries if the existence of the dangerous condition was obvious, yet the injured person voluntarily walked into it. Because of this, Insurance companies for property owners frequently attempt to avoid liability by claiming that the victim could have somehow walked around the dangerous condition, but failed to do so.
Before giving any statements to an insurance company, it is important that you first speak to an attorney who can advise you of your rights under Georgia law.
Other Fulton County Communities We Serve:
- Chattahoochee Hills
- College Park
- East Point
- Johns Creek
- Sandy Springs
- And all other surrounding Fulton County communities.