Georgia’s statutes require property owners or occupants to keep their premises safe and free of dangerous conditions. When finding hazards, the renter or the owner has a duty of care to fix them.
If the owner or renter of a business property cannot fix a known hazard, the renter’s employees or the landlord must alert visitors and customers of potential harm. Retail store shoppers, for example, should find clearly visible signs that warn them to stay away from hazardous areas such as wet floors or loose pavement. Other visible warnings, such as orange cones or yellow hazard tape, could warn customers to steer clear of hazardous areas.
Failure to fix or warn of known hazards
Forbes describes how filing a slip-and-fall lawsuit, generally requires you to show how the property’s owner or occupier breached a duty of care. Your injuries must stem from owner or employee negligence.
The court must see how a failure to fulfill a duty to repair a dangerous condition or warn you of it caused your accident. Did the store have trash on the floor that caused you to fall? If so, store employees could have prevented your accident by clearing away the debris. If circumstances did not permit fixing a hazard, were signs placed warning you to keep away?
Georgia’s comparative negligence rule
Property owners or renters may attempt to defend themselves with Georgia’s modified comparative negligence doctrine. As described by WalletHub, the court may bar plaintiffs from collecting damages if defendants prove that the plaintiffs contributed at least 50% to the cause of their accidents.
You may use evidence to show what led to your accident. Photos of uneven floors or poor lighting, for example, may show the court how a defendant could have prevented your accident.
