Nightclub Owners May be Liable for Shootings

A male bartender, standing in front of a counter and shelves with bar glassware, using a neon green towel to dry a wine glass.

US Marshals Capture Nightclub Shooter in Atlanta

On Wednesday, August 3, police in Atlanta arrested a man suspected in a nightclub shooting  in Austin, Texas, according to USA Today. The man, Endicott McCray, was booked in Fulton County Jail. The shooting happened at a nightclub in Austin on Sunday, July 31. The shooter fired several shots into a crowd, injuring three people and killing one, Teqnika Moultrie, of California.

Nationwide Manhunt Led Police to Atlanta

The homicide occurred in Austin’s popular Sixth Street nightlife district. An unrelated shooting several blocks away that occurred around the same time led Austin police to believe that an active shooter may be moving through the district. Emergency first responders transported one of the shooting victims to a nearby hospital. The shooting led to a nationwide manhunt. The United States Marshals Southeast Fugitive Task Force captured McCray at a bus station in east Atlanta without any resistance. McCray lives in San Marcos, Texas, a town less than an hour south of Austin. The Austin-American Statesman reports that police believe that the suspect in the nightclub shooting was attempting to shoot his brother-in-law, Chris McCutcheon.

Businesses Have a Duty to Prevent Crimes

One question that arises in a case where a violent crime occurs in a public business like a nightclub is whether the owners of the business may be responsible for allowing the shooting to happen. In Georgia, business owners are responsible for taking reasonable steps to prevent injury to their customers. This naturally includes making sure that any hazards such as spills are contained and that customers have warning of any potential hazards, such as stairs where they might trip and fall.

But it also means that business owners have a duty to take reasonable steps to prevent violent crimes that might occur on the premises and injure their customers. If business owners are aware of previous crimes that have occurred on their property or in the surrounding area, they have a responsibility to take steps to prevent these kinds of crimes from happening in the future. This can include hiring private security personnel to ensure that violent criminals do not enter the premises.

Nightclub Owners May Be Liable for Crimes

In a case like the one that occurred in Austin, it’s possible that the owners of the night club could be liable for injuries that customers suffered during the shooting. If the nightclub owner was aware of violent incidents that had occurred in the vicinity, they have a duty to take reasonable steps to prevent similar crimes from taking place in their own business. Because the club is located in the Sixth Street area, which has a reputation for alcohol abuse and violence, the owner was likely aware that similar crimes might take place in their establishment.

The owner has a responsibility to take standard measures, like hiring security for the club, to prevent potentially violent criminals from entering the establishment. If the club failed to take these measures, and this failure led to the injuries that occurred, the victims of the crime may be able to sue the owner for negligent security. For example, if there was inadequate security at the door, and a standard security staff would have noticed that McCray was carrying a gun when he entered the bar, the bar may be liable for the gunshot injuries that customers suffered.

Get Legal Help

If you or someone you know has suffered injuries on the premises of a business, you need legal advice. Get in contact with an experienced negligent security attorney at Williams Elleby Howard & Easter in Cobb County to get the compensation you deserve.

Landlord May Pay Out for Injuries from Arson

A tan colored house with orange fire coming out of the roof and a dark cloud of smoke.

Cobb County House Fire Kills Teenage Girl

A house fire killed a teenage girl and destroyed a house in Marietta on Monday, July 25, according to NBC 11 Alive Atlanta. Investigators are treating the death as a homicide. Investigators have not ruled out the possibility that the fire was a result of arson. The family who lived in the home rented it from a man who lives in Texas, who was not familiar with the family of the deceased girl.

Brother and Firefighter Require Treatment for Burns

The girl’s brother also suffered burns from the house fire and required treatment at a local hospital, but doctors expect he will survive his burn injuries, according to ABC WTVM Live Columbus. The step-father did not sustain any injuries during the fire. Police took him into custody, but released him by Sunday afternoon without filing charges. The house fire was extremely powerful, with flames shooting through the roof and visible from blocks away, according to The Atlanta Journal-Constitution. One firefighter required precautionary medical treatment for heat exposure.

Georgia Law Holds Landlords Accountable for Conditions on Property

When accidents happen and injure a person while they are on someone else’s property, the property owner may sometimes be liable for damages in a negligence lawsuit. In general, property owners in Georgia have a responsibility to take reasonable steps to make their property safe for their guests, customers, and people they expect to be on the property (like mail delivery personnel). However, landlords have a more limited responsibility. In most circumstances, Georgia does not require landlords to ensure that their tenants keep the property safe, since the tenants have control over the property while they are renting. But landlords do still have some responsibility to keep the property safe. If the landlord knows or should have known about a dangerous condition, they need to take reasonable steps to ensure that the condition does not injure their tenants. This includes criminal acts that have occurred in the past.  If the landlord has knowledge of prior criminal activity, they can take reasonable steps to prevent similar acts from occurring in the future.

Landlords May Be Liable for Accidental Fires or Arsons

In a case like the fire that occurred on Shadowridge Drive near Marietta, it’s possible that the landlord may be liable for injuries in a negligence lawsuit. If a defect in the construction or maintenance of the house lead to the fire, and it arose because the landlord or someone the landlord was supervising failed to exercise reasonable care in building or maintaining the house, then the landlord may be liable for negligence. For example, if the electrical system was installed in a way that failed to meet county building code, and the landlord knew or should have known about this, and this failure to properly install the electrical system led to the fire, the landlord may be liable for damages. However, if the accident occurred because of the tenant’s failure to properly maintain the house while they lived in it, the landlord would not be liable.

If, as police in the case seem to suspect, the fire was the result of a crime, the landlord could still be liable. If there had been previous similar criminal activity in the neighborhood, like other arson, this may have been enough to put the landlord on notice that they should secure the house. If a third party then set the house on fire, and reasonable security measures (like fencing) would have prevented the crime, the landlord may be liable for damages in a negligent security lawsuit.

Get Legal Help

If you or someone you know has suffered injuries on someone else’s property, you need legal advice. Contact a premises liability attorney at Williams Elleby Howard & Easter in Cobb County today to find out more about your options.

Motels May Be Liable for Injuries from Violent Crimes

A man in a black suit carrying a passed out man over his shoulder at night, away from a motel, towards an open trunk of a car.

Cobb County Man Shot in Room at Motel

A man was shot in a hotel room in Cobb County on Wednesday, July 13, WSB-TV 2 Atlanta reports. The scene of the crime was the Red Roof Inn near the 2200 block of Corporate Plaza. Eyewitnesses report that the man suffered from three gunshot wounds and experienced heavy bleeding. The shooting victim and the perpetrator appear to have had an argument outside the room before the shooting occurred. The shooter is still at large, and police are looking for any information that might help them locate suspects.

Budget Motels Pose Crime Risk for Guests

According to the Bureau of Justice Statistics, the dwelling of the victim is the most common location for a violent crime. Eighteen percent of violent crimes occur in the home or lodging of the victim, including motel and hotel rooms. The next most common place is in open public locations, such as streets and public transportation, which account for about 17% of violent crimes. Budget motels can offer poor security, leading to an environment that is ripe for violent crime, according to Police Magazine. These motels usually do not employ a security staff and may not require identification to rent a room, unlike the standard policies at other lodgings.

Standard Security Measures for Motels and Hotels

Most motels and hotels follow standard security measures to ensure the safety of their guests and staff. These measures include performing identity checks on would-be guests before allowing them access to rooms. Also, it is common for hotels to provide parking passes to guests and to check all cars in their parking lot, so they can report cars that are not registered to a guest. They may also prohibit guests from backing into parking spaces so that their license plates will be visible to any police officer on patrol. This allows police to run a check on the license plates and identify any suspected criminals.

Negligent Security Lawsuits Against Hotels

Last year, a couple staying in a Miami hotel sued when another group of guests broke down the door to their hotel room and beat the victims. The assailants had already been reported to hotel security, the Bahamas Weekly reports. If a hotel or motel fails to put in place standard security measures, they may be liable for negligence in the event of a crime. In Georgia, property owners owe a duty to their guests and customers to keep the premises safe and avoid injuries. If the property owner is aware of a possible threat to his customer’s health, he is responsible for taking reasonable actions to prevent any injury. This means that, if a motel owner is aware that crimes have occurred in the area in the past, he is responsible for taking standard measures (like those described above) to prevent injury to his guests.

Get Expert Help

If you have been injured on someone else’s property, you need immediate legal help. Get in touch with an experienced premises liability attorney at Williams Elleby Howard & Easter in Cobb County to get the compensation you deserve.

Premises Liability for Lightning and Fires

A house on a the corner of a neighborhood under a dark sky, being lit up by a streak of bright lightning.

Weekend Lightning Storm Causes Blackouts in Cobb County

Lightning storms in Cobb County on Sunday, July 11 left thousands without power, WTVM Atlanta reports. High winds felled trees against power lines, which led to the blackouts. DeKalb County residents were also hard-hit by the power outages. As of Monday morning, over 2,000 Georgia Power customers were still without power across the Atlanta metro area. Most of the power loss occurred in the southeastern part of the area. On Twitter, Georgia Power reported that over 25,000 customers were without power at one point during the electrical storm.

Tree Falls and Fires Damage Area Homes

In addition to power loss, the storm caused damage to homes and commercial buildings. One family in Cobb County had a tree fall through their roof, causing insulation from the ceiling to fall on their two-year-old daughter, who was lying in bed. The parents’ bed was also covered with broken glass. Lightning also led to house fires, with three house fires in Cherokee County linked to the storm, according to The Tribune Ledger News. Fortunately, none of the house fires led to reported injuries.

Owners Must Keep Property Safe for Visitors

With so many hazards arising from severe weather, injuries are likely. But if someone is injured in a house fire or by a fallen tree while on someone else’s property, who is responsible? It depends on whether the owner was negligent (that is, failed to take reasonable steps to prevent foreseeable injuries), and what kind of relationship the injured person has to the owner. Section 51-3-1 of the Georgia Code provides that if an owner invites someone to their property, they must take reasonable steps to keep the property safe. In Section 51-3-2, the Code states that if someone is permitted on the property but not invited (like a delivery worker), then the owner does not have the same obligation as a business invitee. However, the owner will be liable if they do something intentional or reckless that hurts the person.

Storms sometimes injure people in ways that no one can prevent.  But once the owner knows of a possible hazard, they have a responsibility to take reasonable steps to prevent injury. In other words, they might be held responsible for the weather, if their negligence causes their guest to be exposed to unnecessary harm.

Building Owners Are Responsible for Lightning Safety

How would Georgia law apply to a violent storm that causes a building fire and injures someone (like a customer) whom the owner (say, a business owner) has invited onto the property?  The business owner is generally responsible to the customer for keeping their property safe through measures like cleaning, repairs, and posting notice of any hazardous conditions.  If the owner could have taken reasonable steps to decrease the risk from a storm or lightning and didn’t, they may be responsible for their customer’s injuries. For example, the building code may require that structures of a certain height have a lightning rod. If the building fails to meet this requirement and is struck by lightning, the owner may be responsible for injuries that result to his customers from an ensuing fire.

Get Legal Help

If you or someone you know has been hurt in an accident, you may need legal help. Contact a premises liability lawyer at Williams Elleby Howard & Easter in Cobb County and find out about your options.

Atlanta Crime Wave Could Make Property Owners Liable for Injuries

A man wearing a black t-shirt and ski mask, standing in a convenience store, using both hands to point a gun at the camera.

More Violent Crimes This Summer in Atlanta

This summer has seen a rise in violent crime in the city of Atlanta, NBC 11 Alive Atlanta reports. This year has seen more murders than the same period in 2015. In May and June of 2015, there were 16 murders, while 2016 has seen 19 murders during the same period. The city is on track to count 100 homicides in a single year. Mayor Kasim Reed has formed a Gun Violence Reduction Taskforce called “Whiplash,” which will patrol areas of the city with the highest gun violence.

Larger Trends May Be Driving Increase in Gun Violence

The increase in gun violence and homicide may be part of a larger national trend, according to The Atlanta Journal-Constitution. But while several large American cities saw surprising increases in violent crime during 2015, the long-term trend across the country is toward fewer murders, according to factcheck.org. Also, researchers at Kent State University found that violent crime increases during periods of warm weather.

Property Owners Are Liable for Violent Crime in Georgia

In Georgia, property owners have a responsibility to customers and guests to keep their property reasonably safe. This includes taking reasonable steps to prevent violent crime.

In order to win a lawsuit for negligence against the property owner, the victim must prove that the crime was foreseeable. This often means that there have been similar crimes in the area in the past. The measures that the property owner must take depend on what is reasonable under the circumstances. For example, it may be reasonable to install better lighting in the parking lot, or to hire private security guards to patrol the premises.

Summer Crime Wave Should Put Owners on Notice

Rising crime rates may create a responsibility for property owners to take more steps to secure their property. Georgia courts have considered evidence of crime in a particular neighborhood as evidence that a property owner could foresee similar crime happening on their property. Attorney Joel Williams has recovered over $20 million for his clients that were victims of crime due to negligent security.  A notorious crime wave, like the one happening in Atlanta, should put business owners and landlords on notice that they must protect their customers and tenants against gun violence.

If the victim lives in a neighborhood with particularly serious increases in violent crime, this may be enough to hold the property owner responsible for failing to take reasonable measures to prevent the crime. Reasonable measures may include repairing locks, installing cameras, improving lighting, or installing alarms. If the reasonable measures would have prevented the victim’s injuries, the victim may be able to receive money damages from the property owner.

Get Legal Help

If you have been the victim of a violent crime, you may have the right to a money award from the people responsible. Depending on the facts of your case, you may be compensated for your injuries. Contact a premises liability attorney at Williams Elleby Howard & Easter in Cobb County today to find out more about your options.

Wrongful Death from Negligent Campus Security

A close-up of the side of a white car with a diagonal green strip with the words CAMPUS SECURITY.

Parents of Student File Wrongful Death Claim

Last month, the parents of a metro Atlanta student who died on his college campus filed a wrongful death lawsuit against the school, according to NBC 11 Alive Atlanta. The student, Christopher Starks, was enrolled at Savannah State University. While at the student union one night last August, a person unaffiliated with the university shot him. He was taken to a nearby hospital, where he died of his injuries.

Negligent Security on College Campus

The student’s parents are suing the Board of Regents of the University System of Georgia for wrongful death. They argue that the campus was a dangerous and unsafe place. They also argue that there was no police or security in place in or around the student union the night their son died. Since the shooter is not believed to have been a student, they argue, adequate security would have prevented him from moving around campus and committing the crime. The Atlanta Journal-Constitution reports that another shooting death happened on the campus two years prior.

Georgia Wrongful Death Law

Sections 54-4-1 through 54-4-5 of the Georgia Code provide the law for wrongful death cases. A wrongful death lawsuit must prove that a person, business or organization has caused the death of another through reckless, negligent, intentional or criminal acts. Because the victim in a wrongful death claim is not available, their surviving relatives may bring the lawsuit. There are two kinds of wrongful death claims in Georgia. One is a claim to establish “the full value of the life of the deceased,” and seeks to recover the value of the person’s life. The second is to recover the costs related to the person’s death, such as medical and funeral costs, as well as pain and suffering endured by the deceased prior to death.

Wrongful Death for Negligent Security

In a case like that of Christopher Stark, the family wishes to prove that the university caused the death of their son through a lack of security measures. Further, they will need to prove that any failure of security came about through negligence, since it’s unlikely that the university caused any such failure intentionally. This means that they will need to establish that the university owed their son a duty of care to provide better security. In other words, the university failed to follow reasonable steps to keep the campus safe. If they are able to show these requirements, they can attempt to recover damages for the value of the young man’s life and his estate can claim damages for pain and suffering, funeral expenses, and medical bills.

Hire an Attorney

If you believe you or a relative may have a wrongful death claim or that you have suffered because of negligent security, contact a lawyer at Williams Elleby Howard & Easter in Cobb County immediately.

Decatur Homicide in Apartment Building

A gun lying on a tiled floor beside smear blood, broken glass, a yellow evidence tag and the foot of a man wearing dress shoes.

Atlanta Area Murder Victim Found

In news that might have aspects of premises liability, a Decatur man’s body was found in the stairwell of an apartment building. The Georgia Bureau of Investigation is handling the case.

Shooting Victim May Have Been Tenant

Many of the facts surrounding the case are still not entirely clear. We know that the apartment where police found the body is across the street from Decatur High School. But it’s not clear from news reports whether the victim lived in the apartment complex, and if not, what he was doing there. The shooting victim was 52-year-old Gerard Foster, WSB-TV 2 Atlanta reports. Foster was recently ordained as a deacon at a church in Decatur. Police have recently released the names of two suspects they believe are connected to this murder.

Georgia Premises Liability Law

Businesses are responsible for making sure that their properties are safe for visitors, customers and residents. If they don’t, they can be liable for negligence. In Georgia, the landlord is not required to keep tenants safe from all kinds of harm. However, landlords do have a duty to take reasonable steps to prevent foreseeable criminal attacks against tenants. To show that the crime was foreseeable, it helps for there to be similar crimes in the past, but it’s not necessary that the crimes be identical. Previous property crime might warn a landlord that a violent crime against a person might be possible. For example, in one case a Georgia court found that previous burglaries should have warned a landlord that their security was insufficient, and made them liable for a later sexual assault.

Landlord Liability for Negligent Security

In a case like Gerard Foster’s death, might the apartment owner be held liable for negligence? First, Georgia law provides the most protection for tenants and their guests, so it would be important to determine whether Foster lived in the apartment building, or was a guest of a tenant. If he did, they might be liable.

It’s also important to know whether similar crimes happened on the property in the past. If other crimes have occurred which might have given the owners or management company warning that their security was insufficient a civil lawsuit may be viable. A court would also need to find that the failure of the owner or management company to act reasonable to keep the premises safe was a proximate cause of the later crime. For example, if the attacker had broken into the building through a broken window, we would need to know if anyone had broken into the building before, and if security measures (like burglar bars) would have stopped the later crime.

Are you the victim of negligent security?

If you think that the owner of a property failed to keep you safe, you need advice on how to get compensated. Get in touch with a negligent security lawyer at Williams Elleby Howard & Easter in Cobb County and find out about your options.

Marietta Man Sentenced After Pleading Guilty To Rape

The back of a man wearing jeans and a navy blue t-shirt standing with handcuffs around his wrists.

The issue of rape has been in the forefront of many people’s mind with the recent trial of Stanford student Brock Turner and the mild sentence he received, despite being found guilty of three felony charges. Closer to Cobb County, a man found guilty of rape received a much harsher sentence for his crimes.

Man Receives 25 Year Sentence For Rape

Alex Gilberto Argueta, 40, of Marietta was sentenced to 25 years of prison after pleading guilty to rape, aggravated assault, and cruelty to children. In addition to 25 years in prison, he will receive no parole and life on probation. According to police, Argueta raped an 11-year-old girl, inside a closet in her home around 10 p.m. while the mother was in another room. He held her neck and threatened physical harm if the girl said anything. The mother went looking for the girl when she had not returned from playing and found Argueta with his pants down with her partially clothed daughter.

Although Argueta fled the scene, DNA testing from biological samples taken from the girl at Children’s Healthcare of Atlanta were a positive match. Police arrested Argueta the following morning. Originally from Honduras, Argueta may be transferred to Immigration and Customs Enforcement (ICE) custody after completing his prison term. If he remains in the U.S., he will be required to register as a sex offender.

Sexual Abuse Against Children

Rape is already an extremely serious offense, but becomes even more loathsome when it is committed against children. Unfortunately, it is more common than most of us think. According to research, 1 out of 5 girls and 1 out of 20 boys are the victims of child sexual abuse, and children between the ages of 7 and 13 are particularly vulnerable. Children who are victims of rape or sexual assault are also more likely to experience rape again in their later years. In most circumstances, the sexual abuse is perpetrated by someone they know.

Negligent Security And Rape

If a rape or aggravated assault can be linked to negligent security, the victim may have an option for civil action. Negligent security falls under premises liability, meaning a victim of violent acts could seek compensation from the owner of the property for the criminal injury. The assumption a negligent security claim works on is that the crime could have been prevented, or been less likely to happen, if security measures has been in place. In a case, it would need to be proven that the owner has reason to suspect a crime could happen if similar crimes had previously happened in the same location. What is considered inadequate security depends on an individual case, but adequate lighting, locks, and security guards might all be taken into account.

Getting Help With Your Cobb County Case

Being the victim of a violent crime, such as rape, can leave a person absolutely devastated and feeling utterly alone. On top of possible bodily injury, you may face even more excruciating mental health issues, ranging from low self-esteem to feelings of worthlessness and even suicide. If you are a victim of a violent crime in  Georgia, you do not have to be alone. There are resources available to help. Contact Williams Elleby Howard & Easter to find out your legal options.

Frequently Asked Questions Answered: Premises Liability

A tree root growing out of a sidewalk made of bricks.
Premises liability law governs the responsibilities of landowners and occupiers of land in guarding against hazardous conditions on their property. In other words, negligent property owners may be liable for injuries and accidents that occur on their property. Slip and fall cases are by far the most common type of premises liability cases, but there are several other cases, including, but not limited to: ● Accidents caused by road and sidewalk defects ● Dog bite injuries ● Icy or slippery entranceways ● Asbestos exposure ● Inadequate/negligent security ● Elevator, escalator, and stairway accidents ● Swimming pool accidents You may be able to file a premises liability lawsuit if you entered another person’s property legally and were injured through no fault of your own.

How Much Is My Premises Liability Case Worth?

It is difficult to predict how much a case will be worth because of the range of injuries that might be sustained. For severe injuries, such as spinal cord or brain injuries, settlements may reach millions of dollars and Georgia currently has no cap on compensatory damages in personal injury cases. Depending on the type of injuries sustained, it may be possible to receive compensation to cover medical bills, lost income, mental distress, punitive damages, and pain and suffering.

What Do I Need To Prove To Win A Premises Liability Case?

In order to succeed on a claim for damages in a personal injury premises liability case, you must prove the following: ● There were hazardous conditions on the owner’s property; ● The property owner knew or should have known about the hazardous conditions that caused the accident and should have taken action to prevent any injuries; ● The injury was caused by the dangerous conditions; ● There were losses were associated with the injury, either through medical expenses or loss of income, etc.

Will I Need To Go To Court?

Although premises liability cases can go to court, a majority of cases are settled before going to trial. Before filing a lawsuit, you would either submit a claim to the property owner or occupier’s insurance company. At this point, negotiations would commence to reach a settlement both parties can agree on. If no settlement can be reached, you would have the option of taking the case to court.  Trial Attorney Joel Williams has handled numerous personal injury cases against insurance companies and obtained big verdicts.

How Much Time Do I Have To File A Lawsuit?

Any person seeking damages for injuries sustained in a premises liability case must adhere to the Georgia statute of limitations. For most injuries the action must be taken within two years from the date of the incident.

How Can A Lawyer Help My Case?

In premises liability cases where injuries are minor, you may not need an attorney. However, for cases involving serious injuries the benefits of having an attorney are immense. For many premises liability cases it is not uncommon for a business or homeowner to either deny responsibility or low-ball damages. If you have a premises liability case in Marietta, Cobb County, Georgia, contact Williams Elleby. Our legal team will answer any questions you have and help you prepare a successful case. 833-LEGALGA

How To Win A Slip and Fall Injury Claim

win slip fall injury claim

How To Win A Slip and Fall Injury Claim

Slip and fall accidents are some of the most common accidents and they can take place in almost any setting, from the office to the hospital and local grocery store. Injuries from slip and fall accidents range from very minor bruises to broken bones, traumatic brain injuries, and even death. If you fall and hurt yourself on someone’s premises, you may have the right to be compensated for your injuries.
However, there are countless of unsuccessful slip and fall lawsuits every year because the plaintiff failed to provide the evidence necessary to win. If you’ve been in a slip and fall accident in Georgia, retain an attorney to help you show you have legitimate case by proving certain crucial elements.

A Breach of Duty

For any slip and fall accident, it must be proven that the defendant had a duty and that it was breached. In other words, this means the owner or occupier of the premises is responsible for maintaining the property and ensuring there are no conditions that could cause harm to anyone, within reasonable means. When owners and managers are not the same person for a property it must be established which party controlled the property at the time the injury happened. Without proving duty, a slip and fall lawsuit cannot succeed.

Liability And Negligence

Establishing duty is part of proving the defendant acted negligently. If negligence is established the defendant can be held liable for any damages related to the slip and fall. To prove the owner was negligent there must be evidence that they failed to take reasonable care so no one would be injured. An owner of a property could be considered negligent if, for example:

  • They failed to routinely check for potential hazards on the property;
  • A hazardous condition/obstacle existed long enough for the owner to reasonably take action to eliminate the hazard;
  • They had no justification for the creation of a hazard;
  • They failed to take preventative measures that could make the hazardous condition less dangerous.

Dangerous Conditions Caused The Injury

Although it may seem obvious to you if you were injured because of a hazardous condition, it is still necessary to prove the dangerous condition was foreseeable and the reason for the injury. Even if negligence existed, you cannot win a slip and fall case unless the fall was directly caused by the negligent action.
In addition, you must also prove that you weren’t doing something which you could have reasonably foreseen would lead to injury. For instance, you could not sue a zoo if you fell into an animal enclosure because you were standing on the wall surrounding the enclosure.

Damages

Once duty is established and negligent behavior is proven to have caused the injury, you must also prove damages resulted because of the injury. In other words there must be something, whether it’s medical expenses or property repair, that can be paid for with monetary compensation.

Ready To Win Your Slip And Fall Case?

If you’ve been injured in a slip and fall accident in Cobb County, Georgia, contact Williams Elleby Howard & Easter. Our legal team will answer any questions you have about filing a slip and fall lawsuit and ensure you have a viable case that can win.