Wintertime is the season of holiday fun and cheer. Unfortunately, it is also the season of heavy snow, slippery sidewalks, and wet floors. Slip and fall accidents are common during this time of year, and the risk of an injury is often made worse by the negligent acts of property owners.
One of the challenges of pursuing compensation for a wintertime slip and fall claim is that proving negligence can be challenging. There are often disagreements over whether a fall is the result of an act of nature or carelessness. The right attorney can help answer these questions.
At Mabra Law, we understand how to investigate a fall accident and seek compensation for your injuries. Whether it is an accident on private property or a government building, we can build a viable case for negligence. Reach out to our team as soon as possible to learn how an Atlanta personal injury lawyer can help.
Why Slip and Fall Accidents Increase in Winter
Winter in Atlanta may not bring the same level of snow and ice as northern states, but even mild freezes can drastically increase the risk of a fall. The combination of unpredictable weather, holiday foot traffic, and reduced visibility creates an environment where hazards are more likely to form.
There are a variety of circumstances that can lead to someone falling in the wintertime. An experienced Atlanta personal injury lawyer can take the following factors into account when investigating an injury claim:
Icy Sidewalks
One of the most common culprits in winter falls is untreated ice on exterior walkways. This extends to parking lots, which are not only frequently covered with ice but also dimly lit. Ice can form overnight, remaining unnoticed for hours until someone slips and falls on it.
While Atlanta doesn’t frequently receive snow, sudden cold snaps are enough to create dangerous conditions in the city. When a property owner fails to take steps to remove accumulated snow or ice in a reasonable amount of time, they could be liable for injuries that occur in a fall.
Slippery Floors
Melting snow and ice tracked into buildings can quickly turn floors into slippery hazards. When wet floor signs are missing or misplaced, the risk of a fall can be significant. Even a small puddle can cause someone to slip, fall, and hurt themselves. The risk of an injury is even greater during the holiday season, when
Poor Lighting
Shorter daylight hours in winter reduce visibility, which can make it harder to spot icy patches. These risks are even worse in situations where the property owner fails to install or maintain adequate lighting. The combination of low light and winter weather can lead to unexpected falls and devastating injuries.
Neglected Property
During the winter months, regular maintenance becomes even more critical. Gutters that aren’t cleaned can overflow and create icy patches. Even indoor heating systems can contribute to condensation that leads to wet floors. Property owners who fail to inspect and respond to these risks can be found negligent when injuries occur.
Where Do Slip and Fall Accidents Happen?
There are countless locations in Atlanta where slip and fall accidents can happen. Some falls happen indoors, while incidents occur outside. While there can be dangerous hazards anywhere, falls are especially common in the following places:
Retail Stores
A large portion of slip and fall injuries occur in retail stores and shopping centers. During the holidays, these places are packed with people looking to pick up last-minute gifts or everyday items. These crowds can obscure hazards that might not be present in warmer months, including tracked-in snow or melted ice on the floors of the retail store.
Parking Lots
Parking lots are by far one of the most dangerous locations when winter weather strikes. Unlike sidewalks and the interior of buildings, parking lots are less likely to receive immediate attention from property owners when snow starts to fall. What’s more, they are generally exposed to the elements and often have limited lighting at night. These factors can combine to dramatically increase the odds of a fall in the winter.
Public Sidewalks
Much like parking lots, public sidewalks are smooth, flat surfaces that are exposed to the elements. When snow or ice accumulates, the risk of falling can increase significantly. What’s more, some people find themselves in a position where they have no choice but to attempt to navigate a dangerous sidewalk in order to get where they are going.
Private Homes
While falls frequently occur at places of business, some of these incidents happen at private homes as well. A person could fall inside the home itself, or on the driveway outside of the house.
Who Can Be Held Liable for a Winter Slip and Fall?
Determining whether or not the property shares some of the blame in a winter slip and fall case starts with a careful review of the facts. It is important to remember that not all falls will make for a viable case for compensation. If you cannot show that the owner or occupier of the property was negligent, you do not have grounds to hold them accountable through the legal system.
In Georgia, these cases frequently hinge on whether the owner had notice of the dangerous condition and failed to address it in a timely manner. An experienced Atlanta personal injury lawyer can help identify who may be at fault and pursue a claim on your behalf.
Property Owners
Commercial property owners and even private homeowners have a legal duty to keep their premises reasonably safe. This includes removing snow and ice, placing warning signs, and addressing other weather-related hazards within a reasonable time frame. When it comes to retail stores or other businesses, the manager of the store could also be on the hook for damages. There is a responsibility for actively reviewing the premises during the winter months to ensure there are no dangerous hazards present.
Snow Removal Companies
Many property owners contract third-party vendors to handle snow and ice removal. If these contractors perform their job negligently, they may share in the blame. Of course, there are situations outside of the control of these companies. They might be able to argue they removed the snow as best as reasonably possible, or that the ice that led to the fall only appeared after they finished.
Government Entities
If a slip and fall occurs on public property, a city or county agency may be responsible. However, bringing a claim against a government entity in Georgia can be complicated, as you may face strict deadlines or additional requirements that are not present when you sue private individuals. The key question is whether the government had prior notice of the dangerous condition and failed to address it.
Common Injuries in a Slip and Fall Accident
The injuries that occur when someone slips and falls can range from minor inconvenience to life-altering conditions. Falls can be especially devastating when you absorb the impact with your head, neck, or back. Some of the injuries that can occur include the following:
- Broken bones
- Traumatic brain injuries
- Sprains and strains
- Cuts and bruises
- Spinal cord damage
- Paralysis
- Back injuries
If you determine your fall only occurred due to another person’s negligence, you could be entitled to compensation. The extent of your recovery depends in part on how severe your injuries are. An Atlanta personal injury attorney can thoroughly investigate your case, including looking into your medical records to determine the extent of your losses.
What About Shared Liability?
In some cases, the injured person may bear some responsibility for the fall. The good news is that it does not automatically bar them from recovering compensation for their injuries.
Georgia follows a modified comparative negligence rule, which means you can still recover damages if you are less than 50% at fault. If your degree of liability is 50% or greater, the court will not award you any compensation at all. If you are below that threshold, you have the right to pursue a claim, but your total recovery will be reduced by your degree of fault. That means if you are 20 percent to blame for your fall, your total compensation will be reduced by 20 percent as well.
Liability in winter slip and fall cases isn’t always obvious. It may rest with one party or be spread across several individuals or companies. An Atlanta personal injury lawyer can investigate every aspect of a fall to determine if there are viable grounds for a negligence claim.
What To Do After a Wintertime Fall
Every step you take in the aftermath of a slip and fall accident is important. One misstep could mean the end of your claim for compensation, which makes it a good idea to put your trust in an attorney right away. Some of the most important steps to take after falling and suffering an injury include:
- Seek Medical Help. You should see a doctor right away, even if you don’t believe your injury to be serious. Injuries like sprains or head trauma can seem minor at first, only to worsen over time.
- Report the Incident. If you fell on government property or within a business, you should submit a report if possible. Most places open to the public have forms you can complete when submitting an incident report.
- Document the Scene. When possible, document the scene of a fall. Anything from photographs to witness contact information can be crucial to your case.
- Talk to an Attorney. The guidance of an Atlanta personal injury attorney could make all the difference in your case.
Each of these steps could put you closer to getting the result you deserve.
How an Atlanta Personal Injury Lawyer Can Help
After a winter slip and fall accident, victims are often left with a host of painful injuries. In addition to the physical consequences of an injury, you may have financial or emotional hardships to address as well. Having an attorney by your side is one of the best ways to not only get the compensation you deserve but to hold a negligent property owner accountable for their actions.
One of the first things an attorney will do is launch an immediate investigation into the circumstances of your fall. Winter conditions change quickly, making it crucial that they immediately begin to develop evidence. Your attorney can work to preserve evidence and find proof that will not melt away as the temperature rises.
Finding proof that another party’s negligence led to your fall is only part of your attorney’s role. They must also make a viable case for damages based on the extent of your losses. This might include collecting your medical bills or engaging with experts who can testify to the extent of your pain and suffering.
Perhaps most importantly, an Atlanta personal injury lawyer handles all communication with insurers and defense attorneys. Managing these cases without help is more than just a hassle, as one wrong word could have dramatic consequences for your case. It is not uncommon for defendants and insurance companies to try to shift blame for a fall or suggest that the accident was the result of an unavoidable act of nature. Having an attorney who is prepared to advocate for you is vital during this process.
Reach Out to Mabra Law About Your Fall Injury Today
Slips, trips, and falls can be unavoidable sometimes, especially in the winter months. In a personal injury case, what matters are those falls that would never have occurred if the property owner had taken reasonable steps to keep you safe from harm. At Mabra Law, we can investigate your injuries and determine whether or not someone else is to blame.
There are challenges that come with separating unavoidable accidents from acts of negligence, but our attorneys understand what a successful case looks like. We will help you every step of the way, managing your case and answering any questions you might have. Instead of attempting to tackle this challenge on your own, consider contacting us right away for a free consultation.