Slip and fall injuries are one of the most common causes of lawsuits and insurance claims in the United States (3rd most common) – requiring millions of emergency room visits, causing tens of thousands of deaths, and resulting in both serious and minor injuries. The Ellijay Slip and Fall Injury Attorneys at Teague Law are ready to fight for you and ensure you receive the proper medical care and compensation you deserve for your slip and fall injury.

 

SLIP AND FALL INJURIES BY THE NUMBERS

 

9,000,000+ people require emergency room treatment every year for slip and fall injuries

 

20% of falls result in a serious injury such as broken bones or a head injury.

 

800,000+ patients are hospitalized due to slip and fall injuries every year.

 

Approximately 30,000 people die each year from injuries sustained in a fall

 

95%+ of hip fractures are caused by a fall.

 

The most common cause of traumatic brain injuries (TBI) is fall.

 

Falling once increases your chances of falling again by 100%.

 

Falls cause approximately 33% of all non-fatal injuries.

 

Slip and fall lawsuits are the third most common type of personal injury lawsuit, after auto accidents, and medical malpractice

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SLIP & FALL INJURIES- GEORGIA LAW

 

The Georgia Supreme Court has summarized the law on slip and fall injury cases in Georgia as follows:

 

One who owns or occupies land and “by express or implied invitation, induces or leads others to come upon his premise for any lawful purpose, is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”  OCGA § 51-3-1.   

 

While not an insurer of the invitee's safety, the owner/occupier is required to exercise ordinary care to protect the invitee from unreasonable risks of harm of which the owner/occupier has superior knowledge. Lau's Corp. v. Haskins, 261 Ga. 491(1), 405 S.E.2d 474 (1991).   

 

The owner/occupier owes persons invited to enter the premises a duty of ordinary care to have the premises in a reasonably safe condition and not to expose the invitees to unreasonable risk or to lead them into a dangerous trap. Madaris v. Piggly Wiggly Southern, 205 Ga.App. 405(1), 422 S.E.2d 273 (1992). See also Young v. Wal-Mart Stores, 209 Ga.App. 199, 433 S.E.2d 121 (1993).  

 

The owner/occupier is not required to warrant the safety of all persons from all things, but to exercise the diligence toward making the premises safe that a good business person is accustomed to use in such matters. Alterman Foods v. Ligon, supra, 246 Ga. at 624, 272 S.E.2d 327.

 

This includes inspecting the premises to discover possible dangerous conditions of which the owner/occupier does not have actual knowledge, and taking reasonable precautions to protect invitees from dangers foreseeable from the arrangement or use of the premises. Tassen v. Waffle House, 221 Ga.App. 755, 472 S.E.2d 545 (1996);  Cole v. Cracker Barrel, 210 Ga.App. 488, 436 S.E.2d 704 (1993);  Barksdale v. Nuwar, 203 Ga.App. 184, 416 S.E.2d 546 (1992);  Begin v. Ga. Championship Wrestling, 172 Ga.App. 293, 322 S.E.2d 737 (1984), all of which cite Prosser, Law of Torts (4th ed), § 61.

 

By encouraging others to enter the premises to further the owner/occupier's purpose, the owner/occupier makes an implied representation that reasonable care has been exercised to make the place safe for those who come for that purpose, and that representation is the basis of the liability of the owner/occupier for an invitee's injuries sustained in a “slip-and-fall.” Prosser, Law of Torts (4th ed.), § 61, p. 422;  Begin v. Ga. Championship Wrestling, supra, 172 Ga.App. at 294, 322 S.E.2d 737.

 

An invitee who responds to the owner/occupier's invitation and enters the premises does so pursuant to an implied representation or assurance that the premises have been made ready and safe for the invitee's reception, and the entering invitee is entitled to expect that the owner/occupier has exercised and will continue to exercise reasonable care to make the premises safe.  Id. It is in this light that an invitee's exercise of ordinary care for personal safety must be examined.