What is a “Slip and Fall” case?

Slip and fall cases arise when a person is injured after slipping, tripping, or falling due to a hazardous condition on another person’s property. Injuries from slip and fall accidents can range from minor bruises to serious conditions like traumatic brain injuries. The law pertaining to slip and fall cases in Alabama and Georgia has some key differences, particularly in the elements required to establish liability and the statutory framework governing these cases.

Slip and Fall Law in Georgia

In Georgia, slip and fall cases are governed by O.C.G.A. § 51-3-1, which imposes a duty on landowners to exercise ordinary care to keep their premises safe for invitees. To recover damages, a plaintiff must prove two elements: (1) the defendant had actual or constructive knowledge of the hazard, and (2) the plaintiff, despite exercising ordinary care for their own safety, lacked knowledge of the hazard due to the defendant’s actions or conditions under the defendant’s control.

Courts in Georgia have consistently held that the true basis for a landowner’s liability is their superior knowledge of the hazardous condition.  Stated differently, Georgia slip and fall cases turn on the practical reality that landowners know, or should know, more about hazards on their property than other people and, thus, have an elevated duty to warn visitors about such hazards. However, under Georgia law, a landowner has no duty to remove naturally occurring substances from its property unless such hazards become an obvious hazard through means other than natural accumulation.

Slip and Fall Law in Alabama

In Alabama, a landowner has a duty to maintain their property in a reasonably safe condition. A breach of this duty occurs when there is an unreasonably dangerous hazard on the property, about which the landowner has (or should have) knowledge, and the landowner fails to take action to eliminate or warn visitors to the property about this hazard. In addition, slip and fall victims in Alabama need to know that Alabama is a contributory negligence state, which means that the victim of a slip and fall can be barred from recovering if its determined that they were at least 1% responsible for their injuries.  Thus, for example, if the owner of an auto parts store allows antifreeze to leak into one of the aisles of the store, and fails to either clean up the antifreeze or warn customers of its presence, and a customer slips on the antifreeze, sustaining injuries as a result, the owner can be liable to the injured party.  However, if the antifreeze is neon green and, thus, easily observable by customers in the store, then the store owner can make the argument that the customers failed to perceive what was an easily observable hazard and, thus, is barred from recovering based on such failure.

Be Proactive: There is a Limited Time to File a Slip and Fall Lawsuit in Alabama and Georgia

Slip and fall victims have a limited amount of time to file a lawsuit to recover for damages for their injuries.  Specifically, there is a two year statute of limitations for slip and fall cases in Alabama and Georgia, meaning that a slip and fall victim has two years from the date of the accident to file a lawsuit. The failure to file within this two-year window will bar a victim’s right to recover.

Slip and Fall Lawyers in Alabama and Georgia

At Bodewell, we know the pressure points to push in advocating for our clients in Alabama and Georgia who have been injured as a result of a slip and fall.   If you have been injured in a slip and fall accident, contact us, and we’ll get to work for you.