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Understanding fault in a premises liability case

On Behalf of | Sep 7, 2022 | Premises Liability

If you slip, trip or fall for any reason while on someone else’s property, you may experience serious injuries. These injuries may make it impossible to go back to work, back to school or engage in activities such as spending time on the beach or at a Georgia football game.

Determining who was at fault for the accident

Property owners generally have a duty of care to mitigate hazards that they know or should know about. Hazards may include wet floors, a swarm of bees on the property or cracked driveway. It’s worth noting that a property owner may not be liable for recent hazards that could not be fixed prior to a slip, fall or other incident taking place. Furthermore, the defendant may minimize their liability by placing warning signs near an area where a potential hazard is located.

Understanding comparative negligence

It’s critical to understand that you also have a duty of care to protect yourself. If you were looking at your phone before slipping on a wet floor, you may be at least partially liable for your injuries. The comparative negligence doctrine says that the amount of a financial award in a premises liability case is based on how culpable you are for your injuries. For instance, if you are found to be 40% liable for your injuries, you get 60% of your total award.

You may receive compensation for medical bills, lost wages and other damages in a premises liability lawsuit. Witness statements, pictures and other evidence may help you prove that the property owner was largely or fully liable for your injuries. Video footage, a police report and other information may also be used during settlement talks or at trial to bolster your legal position.

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