Slips and falls are fairly common cases. They could happen anywhere – indoor, outdoor, out in the park, in the mall, anywhere. And most times, when it does happen, it could have nasty consequences, such as injuries that could lead a person to be confined for days, weeks, months, or a lifetime, depending on how severe the injury sustained is. The nature of slip and fall incidents makes them a personal injury case, especially when they happen on another person’s property, like a store, mall, work environment, or other areas. If you are involved in one, it is best you see an Atlanta Personal Injury Lawyer to help you get the necessary compensation you need.
Now picture this scenario, you are headed into the store to shop for new appliances. Just as you enter, you lose control, slip and have a nasty fall, crashing into a stack of trolleys with a bang. You sprain your ankle, or you think you do, and imagine it is something quite minor. Within days, you begin to feel the full implications of the fall, and you can barely stand, or move around. You need to check into a hospital and get yourself treated – with your own money.
It does not sound ideal, does it? Of course not. Why should you have to end up with a financial burden for falling on another person’s property? If you had not gone into the store, chances are high that you would be in good shape now. Like with all personal injury claims, you are entitled to some form of compensation, especially if you had to check into a hospital or miss out on work, and as a result, lost wages for the time missed. You also deserve compensation for any inconvenience caused as a result of the fall and any discomfort that came with it. So as it is now, the store owes you a lot.
Ordinarily, the store may reach out to you and try to see what they can do to improve things and lessen your discomfort. At this point, a major question arises – whose fault was it? This question is important both for you and the store. It could save the store thousands of dollars which would be paid in compensation, and it could help you from losing out completely. For you to have a slip and fall case, you have to be able to prove that circumstances surrounding the fall were caused by the store. This could include;
- Not having enough lights in the dark areas
- Not putting up signs to show that you need to be careful as you approach a particular area
- Not notifying customers of things like a wet floor, or trash that could be an obstacle
- Not practicing proper maintenance, like replacing loose tiles or faulty railings
So there are a lot of ways that a store could be at fault. You have to prove that your fall was caused by any of these circumstances, more than one if applicable. In this case, it may have been that as you were about to enter the store, you slipped on the wet floor, probably caused by spilled water or a leak.
A store can be found guilty in these two possibilities:
- They did not take active steps to correct an error that could have led to an accident. Here, the store owner or anyone in charge could have been expected to notice that which could have caused an accident and should have tried to correct it. Because they did not, it was what caused the slip and fall.
- Their action was deliberate. That is, they knew that leaving the obstacle in the way could cause a fall, but they did not take active steps to remedy it.
Whichever way you think it played out, you have to prove it in order to be compensated. And you have to be careful because the store may try to prove that you were indeed responsible for your fall. They could argue that:
- You did not pay attention to signs in that area alerting about a hazard
- You were distracted on purpose, either by using your phone, or watching a video, instead of paying adequate attention to where you were going
- You were not authorized to enter that side of the store, such as areas with an “employees only” or “keep out” sign.
The store would also have to prove that either with CCTV recordings or otherwise.
If you think that your fall was entirely the fault of the store, the best thing to do is to get an Atlanta Personal Injury Lawyer. No matter how good you think your claim is, you cannot know the law more than someone who has dealt with cases similar to yours so many times. Plus having a lawyer ensures that you get your full compensation, without settling for less. Usually, after a fall, the business may try to offer you some money if they feel you may have a strong claim. They will want to try and settle the matter immediately. The money may not even be enough to cover medical expenses or wages lost. Having a lawyer would ensure that you get the money that is appropriate for your case with no compromise, even if you do decide to settle out of court.
To ensure that you get the best possible compensation for an injury, or for lost wages caused by slipping in a store, it is best you team up with an attorney. You can consult one for free, and they may even ensure that you get treated at no cost to pay once you receive your due compensation. Remember, no matter how good you think your case is, you may never be able to argue it out as solidly as an attorney, especially when the store also has attorneys of their own. Leave everything in the hands of an attorney, and expect to get your due compensation.