Premises liability can be a tricky area of law.  But as always, the gathering of evidence immediately after the fall is likely your best shot at getting the compensation you deserve for a dangerous condition for which the property owner should be held responsible.  

If you have fallen on someone else’s property, follow these important steps as soon as possible after the injury:

• Take pictures of your surroundings – a picture of the wet floor, hole, or other hazardous condition at the time of the injury can be most important in demonstrating the cause of the injury, and establishing liability of the property owner.

• Get the property owner to complete an incident report – and ask for a copy of it before you leave.  This is another important step in establishing evidence of your fall right away.

• Get medical attention immediately – the longer you wait, the more difficult it could be to recover for your injury.

Georgia is governed by the modified comparative negligence rule, which means that if your case goes to trial, the judge or jury would assign percentages of fault to both you and the defendant.  The defendant would only be required to pay according to his percentage of fault, assuming his percentage is 50% or more. If it is less than 50%, then he is not required to pay anything.

Establishing notice is often a difficult aspect proving a slip and fall case.  Luckily, Michael Kilgore has successfully settled numerous cases where liability was very difficult to prove.  One cause involved a lawsuit against a large real estate company and a city over a deep hole located next to a public sidewalk.  Michael’s client stepped into the hole, severely breaking her ankle.

Call or text Michael as soon as possible after your fall in order to ensure proper steps are taken to give you the best shot at establishing liability!