What Are the Elements of a Slip and Fall Lawsuit in Georgia?
Going to the store is a routine experience for most of us. What is not routine, however, is getting into a slip-and-fall accident while at the store. In less than a second, you can find yourself on the ground dealing with serious–and in some cases life-threatening–injuries that require expensive medical treatment.
In Georgia, store owners can be held legally responsible when their customers are hurt in a slip-and-fall accident. But what actually goes into such a case? Below, we take a look at a recently filed Georgia personal injury lawsuit to help illustrate what a typical slip-and-fall case looks like.
Premises Liability, Vicarious Liability, and Negligent Supervision
This particular lawsuit, English v. Gabriel Brothers, Inc., was filed in Catoosa County Superior Court this past September. The plaintiff is a Tennessee resident. According to her complaint, she was injured in a slip-and-fall accident that took place while she was shopping at “Gabe’s,” a store located in Fort Oglethorpe, Georgia. The defendants are the West Virginia-based company that owns Gabe’s, along with two of its executives.
The lawsuit alleges the plaintiff “slipped and fell on a hazardous white substance on the floor while leaving a cash register.” This raises a claim under Georgia premises liability law. Premises liability refers to a property owner’s legal duty to keep their premises in reasonably safe condition for invited guests. The plaintiff alleges the defendants violated this duty by “failing to properly inspect the area where the fall occurred” or in taking any measures to remove the “hazardous white substance” that caused her fall.
The plaintiff also alleges the defendants are responsible for her injuries under the legal principles of vicarious liability and negligent training and supervision. Vicarious liability simply refers to the fact that the defendants, as employers, are responsible for the negligent acts committed by their employees. Negligent training and supervision refers to the defendants’ alleged lack of “policies and procedures” related to inspecting the store for hazardous conditions.
The plaintiff’s lawsuit seeks special damages of $143,000 and punitive damages of $1 million. Special damages–also known as economic damages–refer to the plaintiff’s out-of-pocket losses due to her slip and fall. Special damages usually include medical bills, lost wages, and diminished earning capacity. Punitive damages, in contrast, are designed to punish a defendant for especially egregious misconduct. Georgia law actually caps punitive damages at $250,000 in most cases, although there are exceptions.
One final note: Although the plaintiff filed her lawsuit in state court, the defendants have removed (transferred) it to federal court. Removal is permitted when the plaintiff and the defendants are legal residents of different states and the amount of damages the plaintiff seeks is more than $75,000.
Contact Hawkins Spizman Trial Lawyers Today
If you have suffered losses due to a slip-and-fall, car accident, or any other event that was caused by a third party’s negligence, a qualified Atlanta personal injury lawyer can assist you in seeking compensation. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
storage.courtlistener.com/recap/gov.uscourts.gand.334908/gov.uscourts.gand.334908.1.1.pdf
