Valdosta Slip & Fall Injury Lawyers
Seek the Relief You Deserve with Studstill Firm, LLP
The state of Georgia requires all property owners to provide reasonably safe conditions for welcome guests and—in the event that there is a hazard of some kind—sufficient warnings to anyone who may be at risk of getting hurt. When these responsibilities are not met and an accident does occur, the property owners may be held accountable for the resulting damages. These are commonly called "slip and fall" or "trip and fall" claims, but they all fall under Georgia's premises liability law.
At Studstill Firm, LLP our experienced Valdosta slip and fall injury lawyers have seen just how serious these claims can be. We are well-versed in developing thorough, comprehensive injury claims that fully illustrate the gravity of our clients' injuries. This approach has recovered millions of dollars in relief for our clients and continues to ensure that the individuals and families we serve have their voice heard before the law.
Why Should I Hire a Slip and Fall accident Attorney?
If you have been the victim of slip and fall injury, you have the right to file your own claim. There is a probability, however, that working with an attorney can improve your chances for financial recovery and can help alleviate some of the burden of filing a claim yourself.
By enlisting the expertise of a skilled premises liability attorney, you will have a team to help you by investigating the accident, compiling important and helpful documents, which can reduce the chance that important deadlines may be missed that someone filing their own claim may not be aware of. By with an attorney, you can focus on recovery while we focus on getting you the compensation you deserve.
What Is "Duty of Care?"
The central factor that nearly every premises liability claim revolves around is the legal concept known as "duty of care." Essentially, duty of care is the responsibility property owners have to ensure that welcome guests are safe on their premises. This applies to residential property owners and commercial property owners alike.
In a premises liability claim, the claimant must prove:
- They were owed duty of care
- The property owner failed to provide duty of care
- That the lack of duty of care allowed dangerous conditions to persist
- The dangerous conditions directly contributed to an injury
Who Is Owed Duty of Care?
As you'll notice above, the potential claimants in these cases have been referred to as "welcome guests." This is key—because not all visitors to a property are owed duty of care. Legally speaking, a visitor to a premises can fall into one of three categories.
These visitor categories include:
- Invitees: customers, patrons, those encouraged to enter a premises
- Licensees: delivery people, repair specialists, those with permission to enter
- Trespassers: those who have entered the premises illegally
Under Georgia law, invitees and licensees are owed duty of care and are eligible to seek damages if an injury occurs. Trespassers, on the other hand, are assumed to have entered the premises without the owner's knowledge and are not owed duty of care.
The "Attractive Nuisance" Doctrine
Georgia law also provides what is known as the attractive nuisance doctrine for premises liability claims that involve injuries to children. In these cases, it is assumed that children entered a property with little-to-no understanding of the danger a particular property feature may pose-- but still be attracted to it anyway. These attractive nuisance property features can include swimming pools, discarded appliances or automobiles, trampolines, piles of wood, and other property elements.
In these claims, the child's family can argue that the property owner failed to properly secure the premises and anticipate the possibility that children may have access to their property. Even hazard signage may not be enough to eliminate liability due to a child's potential inability to read or understand the warning. Our Valdosta attractive nuisance attorneys can help you evaluate the viability of your family's claim.
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