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Law Firm in Duluth GA - Personal Injuries Attorney

Duluth Georgia Slip & Fall Law Firm

Whenever you are out on a stroll or visiting a flat complex, hotel, shopping center, government building, restaurant, office building or some other property you need to be protected from hazards. Property and business managers and owners have got a duty of care to you personally. They must be diligent to maintain and managing their properties and not negligent. You will be their guest or customer in fact it is their responsibility to make certain that their premises cost nothing of hazards and are safe.

Kenneth S. Nugent, P.C.4227 Pleasant Hill Rd #300, Duluth, GA 30096

When you have been in a slip and fall accident and sustained injuries due to a poorly maintained property, you might be qualified for seek compensation to the damages you possess suffered.  What the law states firm of Kenneth S. Nugent, P.C in Duluth, Georgia continues to be protecting the rights and representing clients who have been injured within a slip and fall accident for over 25 years. Contact our slip and fall attorneys today to setup your free case evaluation.

Slip and Fall Accidents in Duluth, Georgia - Need a Personal Injury Attorney?

Whenever a property is poorly maintained or a dangerous condition exists it could put unsuspecting visitors at great risk. All it takes is an individual negligent home owner to endanger, injure or kill innocent people. The condition of Georgia has instituted specific statutes for incidents that occur on another individual or entity's property. A premise liability claim brought against someone or entity in Duluth, Georgia as a result of injuries suffered within a slip and fall accident could lead to the injured party receiving compensation for medical expenses, lost wages, and suffering and pain. These laws can be very complex and comprehensive. The Duluth slips and law firm of Kenneth S. Nugent, P.C. can help you navigate the complex legal process and assist you to get the compensation you deserve.

Liability In Duluth Georgia Slip & Fall Accidents

In Georgia, under the legal doctrine of premises liability, property leasers and owners get the responsibility to keep up safe premises. which involves inspecting their property for just about any potential hazards, repairing any known ones, and properly warning visitors to avoid any potential threats. Whenever a home owner fails to correctly maintain their property, plus a slip and fall accident is the effect of a dangerous element, the individual will probably be held liable from the courts to the accident victim's damages.

Slip and fall cases in most cases are the consequence of a slip, fall, and trip accidents. Slip and fall accidents would be the leading cause in the usa for workers' compensation claims and are also the leading cause of injured-related fatalities in individuals 65 years and older. The most prevalent injuries sustained in slip and fall accidents are spine injuries, head injuries, and hip fractures.

There are several elements which could result in a slip and fall accident in Duluth, for example the following:

Loose carpeting

Slippery or wet floors

Ice or snow

Defective stairs

Uneven curbs

Ditches or potholes

Inadequate lighting

Unstable buildings

Unmarked construction zones

Absence of adequate property security

Poorly maintain playgrounds

A defendant within a slip and fall case might use the defense of comparative negligence to attempt to place a few of the blame to the accident on the victim because of not recognizing an evident hazard or neglecting to pay close enough attention. If your defendant is able to provide that the prudent and reasonable visitor might have avoided the precise hazard in question, then a plaintiff might be found partly to blame from the courts. In the condition of Georgia, a plaintiff may still recover damages as a result of modified comparative negligence laws. When the plaintiff is available being less than 50% at fault, then she or he is still capable of receive compensation with regard to their damages. Therefore, you should consider hiring a Duluth Personal Injury Attorney today!

Differences From A Trespasser, Licensee, and Invitee

Different standards of care are owed by homeowners depending on what kind of relationship they may have using the visitor.

An invitee is anyone who has ever expressed or implied consent to enter a house. For instance, a grocery store's clients are invitees. The best standard of care is owed to the individuals from the home owner who is mainly responsible for ensuring the invitees' safety and reasonable care. Owners may also be liable for warning invitees of the existing conditions and to protect them against dangers they is probably not mindful of.

A licensee is definitely the second class. This is anyone who has the privilege of entering a house from the consent from the possessor. A door-to-door salesperson could be an example of a licensee. They can be social guests. Fewer duties of care are owed from the home owner to the parties. the home owner is needed to warn of dangers that the licensee may not likely know about.   It is then approximately the licensee to deny or accept the hazards which can be involved and also assume liability for just about any potential incidents which may arise.

The 3rd kind of relationship is trespassers. These individuals do not have the permission from the landlord to enter the home or remain on it. Owners will not owe trespassers any duties of care, except that they cannot inflict harm deliberately on trespassers. However, if the trespasser can be a child, then your home owner is mainly responsible for taking care to shield your child against hazards. Which includes dangerous property elements or attractive nuisances that by their very nature might attract children - for example trampolines, hot tubs, and swimming pools.

How You Can Establish Liability For any Duluth Georgia Slip and Fall Accident

Whenever someone is injured due to a slip and fall accident, the victim is often blamed. When this happens you should contact a Duluth GA Personal Injury Attorney as soon as possible! Many individuals often assume that the fall occurred as a result of victim failing to pay attention or from being clumsy. However, truthfully,  most slip and fall accidents might be prevented, but it is usually the home owner who could possibly have prevented the incident and not the victim.

Slip and fall cases, like most other accidental injuries claims, all fall to negligence. Now you ask ,, was the accident caused by the home owner being negligent. The plaintiff offers the burden of prove the defendants, intent to harm, recklessness, or negligence. Four factors of proof are essential:

The defendant owned, was a resident, or leased the home once the slip and fall accident occurred. That assigns a specific duty that the defendant was liable for making sure the home was reasonably safe.

The home was applied negligently from the defendant. The plaintiff is needed to show the home owner acted in a fashion that a responsible owner would not from the same circumstances.

The negligence from the defendant caused the injuries from the plaintiff. A causal link has to be established involving the defendant's negligence from the good care of the home along with the injuries suffered from the plaintiff.

Real damages were suffered from the plaintiff. Real damages can include medical expenses, lost wages as a result of missed work, emotional suffering, and physical pain. When the damage had not been caused by the slip and fall accident, then your plaintiff has no damages to recoup and is definitely not eligible to receive any compensation.

Statute of Limitations for Duluth, Georgia Slip and Fall Claims

It is very important to be aware that the condition of Georgia has strict time limits set up for bringing a private injury case and obtaining compensation. An injured person in Duluth, Georgia is usually required to file a claim within 2 years from the date from the slip and fall accident. There are other deadlines in cases against municipalities or the government. If you forget to file within Georgia's statute of limitations it could stop your otherwise legitimate claim from being heard by a court and stop you from obtaining compensation for your personal injuries. There are other deadlines and factors that can also affect your claim, including witness testimony, preserving key evidence, and filing claims on time with insurance firms. When you have suffered injuries due to a slip and fall accident in Duluth, Georgia contact Kenneth S. Nugent, PC. law firm immediately to go about your claim using one of our experienced slip and fall lawyers.

Contact Our Duluth Slip and Fall Law Firm Today

Slip and fall accident cases can be quite complex. It is recommended to have legal representation from a skilled and knowledgeable slip and fall accident lawyer to ensure that you receive the compensation that you just deserve to the damages that you may have suffered due to a slip and fall accident.

What the law states firm of Kenneth S. Nugent, P.C. has represented slip and fall accident victims for 25 years. We are going to work diligently to make certain that your rights are protected and ensure you receive the compensation that you just deserve and are qualified for within a slip and fall accident case. Call us today so that we can get the free case evaluation scheduled where we can discuss the details of your own case, evaluate your claim, and inform you of your own options. Call our Duluth Georgia slip and fall lawyers today at 1-888-579-1790 or simply click our online Chat Survive our website.