Kennesaw, GA Slip and Fall Lawyer

What Must Be Proven in a Kennesaw Slip and Fall Case?

Winning a slip and fall claim is about more than just showing you fell and were injured on someone else’s property. Under Georgia law, you have the burden of proof. This means we must present evidence that establishes four key legal elements. A property owner’s defense will focus on challenging one or more of these points, which is why a meticulously prepared case is so important.

The Property Owner Owed You a Duty of Care

First, we must establish the property owner’s legal responsibility, or “duty of care,” to you. In Georgia, this duty depends on why you were on the property.

• Invitees: This is the highest level of duty. If you are an invitee—someone invited onto the property for the owner’s commercial benefit, such as a customer in a store, a diner in a restaurant, or a guest in a hotel—the owner must exercise ordinary care to keep the premises safe. This includes actively inspecting for and correcting or warning about potential hazards. Most slip and fall cases involve invitees.
• Licensees: A licensee is a social guest, like a friend you invite to your home. The property owner must warn a licensee of any known, man-made hazards they are unlikely to discover on their own. The owner does not usually have a duty to inspect for unknown dangers.
• Trespassers: A property owner generally owes no duty to a trespasser, except to refrain from willfully or wantonly injuring them.

The Property Owner Breached Their Duty (Negligence)

This is often the most challenging element to prove. We must show that the property owner was negligent and failed to maintain their property in a reasonably safe condition. The cornerstone of this element is proving that the owner had actual or constructive knowledge of the hazardous condition.

• Actual Knowledge: This means the owner or their employee literally knew about the hazard. For example, if an employee saw a spill and failed to clean it up or place a warning sign, the owner had actual knowledge.
• Constructive Knowledge: This is more common and means the owner should have known about the hazard through reasonable inspection. To prove constructive knowledge, we must show that the dangerous condition existed for a long enough period that the owner or their employees would have discovered and fixed it had they been exercising ordinary care. Evidence like witness testimony about how long a spill was on the floor or security footage can be crucial here.

The Hazardous Condition Directly Caused Your Injuries

Next, we must connect the property owner’s negligence to your harm. The puddle of water on the floor, the broken piece of pavement, or the poorly lit staircase must be the direct cause of your fall and subsequent injuries. Insurance companies may try to argue that your clumsiness or inappropriate footwear caused the fall, a defense we are prepared to counter with strong evidence.

You Suffered Verifiable Damages

Finally, you must show that you suffered actual losses because of the fall. These damages include your medical bills, lost wages from missed work, future medical needs, and the physical and emotional pain and suffering you have endured as a result of the owner’s negligence.

Common Causes of Slip and Fall Accidents

A slip and fall accident can happen anywhere, but most often results from a property owner’s failure to maintain a safe environment for visitors. Some of the most common causes of premises liability claims we see in the Kennesaw area include:

• Wet or Slippery Floors: Spills from drinks or food, leaks from refrigerators or pipes, freshly mopped or waxed floors without proper warning signs, and tracked-in rain or snow at building entrances are common.
• Cluttered Aisles and Walkways: Merchandise, boxes, equipment, or electrical cords left in store aisles or hallways can create a serious tripping hazard.
• Poor Lighting: Inadequately lit stairwells, hallways, parking garages, and outdoor walkways can conceal otherwise obvious dangers.
• Defective or Damaged Flooring: Torn carpeting, loose or broken tiles, and uneven or warped floorboards can catch a person’s foot.
• Damaged Pavement: Potholes, cracks, and uneven surfaces in parking lots and on sidewalks that are not properly maintained or marked can be at fault.
• Stairway Dangers: Broken or missing handrails, uneven step height, worn-out treads, or debris left on stairs are common.
• Lack of Safety Measures: Failure to use mats at entrances during rainy weather or to properly de-ice walkways in freezing conditions.

What Damages Are Available in a Kennesaw, GA, Premises Liability Lawsuit?

A serious fall can lead to significant injuries, such as broken bones, hip fractures, spinal cord damage, or traumatic brain injuries. A premises liability lawsuit aims to secure full and fair compensation for every loss you have suffered. Our legal team will work closely with you and your medical providers to create a comprehensive valuation of your damages to ensure your settlement or verdict reflects the full cost of your injury.

You may be entitled to compensation for:

• Economic Damages: These are the specific financial losses tied directly to your accident. They are documented with bills, receipts, and income statements and include:
  • All medical bills, from the initial emergency room visit to surgery, hospitalization, rehabilitation, and prescription medication.
  • Anticipated future medical expenses for long-term treatment or therapy.
  • Wages and income lost while you were unable to work.
  • Diminished earning capacity if your injuries leave you with a permanent disability that impacts your ability to earn a living.
• Non-Economic Damages: These damages compensate you for the significant, personal, and non-financial ways the injury has impacted your life. While they have no fixed price tag, they are a critical component of your recovery and may include:
  • Physical pain and suffering.
  • Emotional distress and mental anguish.
  • Loss of enjoyment of life and inability to participate in activities you once loved.
  • Permanent scarring or disfigurement.

What If the Property Owner Blames Me for the Fall?

We expect the property owner to blame you for the accident. In Georgia, a legal principle known as the “avoidable consequences doctrine” can bar you from recovery if the defense can prove that you could have avoided the injury by using ordinary care for your own safety. They will argue that the hazard was “open and obvious” and that you should have seen and avoided it.

This is a significant hurdle, but it is not insurmountable. Our job is to prove that the hazard was not easily discoverable or that you were reasonably distracted at the time. For example, in a retail store, a customer’s attention is naturally directed toward the products on the shelves, not scanning the floor for hazards. We are experienced in fighting against these blame-shifting tactics and protecting your right to compensation.

What is the Deadline for Filing a Slip and Fall Accident Lawsuit in Kennesaw, GA?

Georgia law imposes a strict time limit, known as the statute of limitations, for filing a personal injury lawsuit. For most slip and fall cases, you have two years from the date of the accident to file your claim in court. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to recover compensation forever.

While two years sounds like a long time, it is critical to act much sooner. The success of a slip and fall case hinges on preserving evidence that can disappear quickly. Contacting our team promptly allows us to immediately investigate the scene, secure surveillance footage before it is deleted, interview witnesses, and document the hazardous condition before it is repaired. Do not delay in protecting your rights.

How Much Does It Cost to Hire a Premises Liability Injury Attorney in Kennesaw, GA?

We understand that when you are injured and out of work, the last thing you can afford is a legal bill. At Williams Elleby Howard & Easter, we remove that barrier. We represent all slip and fall accident clients on a contingency fee basis.

This straightforward arrangement means:

• There are absolutely no upfront costs to you.
• We advance all the expenses of building and litigating your case.
• You pay us no attorney’s fees unless and until we win a financial recovery for you.
• Our fee is a set percentage of the settlement or verdict we obtain.

Our success is tied directly to your success. This allows you to have a powerful legal advocate without any financial risk.

How a Williams Elleby Howard & Easter Lawyer Can Help You

When you hire our firm, you get a partner who will handle every complex detail of your claim, allowing you to focus on your physical recovery. Our team will:

• Conduct a prompt and thorough investigation into the circumstances of your fall.
• Secure and preserve vital evidence like video footage, incident reports, and maintenance logs.
• Identify and interview any witnesses to the accident or the pre-existing hazard.
• Work with experts to demonstrate the dangerous nature of the condition.
• Handle all communications with the property owner and their insurance company.
• Carefully calculate the full value of your past, present, and future damages.
• Build a robust, evidence-based case designed to overcome defense tactics.
• Aggressively negotiate for a full settlement or litigate your case in court if necessary.

Contact the Trusted Kennesaw, GA Slip and Fall Attorneys at Williams Elleby Howard & Easter Today

You should not be forced to bear the cost of an injury caused by a property owner’s carelessness. The legal system provides a path to justice, but navigating it successfully requires skill, experience, and dedication. Let the Kennesaw personal injury lawyers at Williams Elleby Howard & Easter be your guides and advocates. We will stand up to the insurance companies and fight for the accountability and financial recovery you deserve.

Your initial consultation is always free and confidential. Call us today at (404) 389-1035 or complete our online contact form to share your story and learn how we can fight for you.