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The Shared Fault Rule in a Slip and Fall Case in Georgia

Slip and fall accidents are not as straight forward as they look on paper – a fact to which injured parties that have gone through a lawsuit can attest. If you have suffered injuries resulting from a slip and fall accident, you are probably wondering who is responsible. If so, you have taken the first step towards potentially receiving fair compensation to cover your medical bills and lost wages. 

A slip and fall accident is almost exactly what the name suggests, These injuries only legally qualify as being a slip and fall when the accident occurs on property owned or operated by someone other than the victim. You may seek compensation if you have suffered loss as a result of the accident, and if you can provide evidence of negligence on the part of the property owner or operator(s). 

The Shared Fault Rule

The shared fault rule is likely to be brought up in slip and fall accidents. The owner of the property where the accident occurred, or their insurance company, may make a counterclaim that you were partly or wholly careless in your actions or inactions, which resulted in a slip and fall accident. For instance, if there were clear signs and barriers which you ignored around the area where the incident occurred, you may be deemed as being more than 50% at-fault in the accident. This means that you are not entitled to any compensation. 

It is up to you, as the claimant, to provide evidence that the property owner, operator(s), or other parties are at-fault for your accident and that you suffered loss due to your injuries. This may involve providing evidence of the hazard and surrounding area and showing that there were no posted warnings. The next task would be providing evidence of loss, such as medical bills and proof of lost earnings. 

Slip and Fall Lawyer

As illustrated, slip and fall accident claims are potentially complex and you may walk away without receiving a penny of compensation if you do not build a strong case. Hiring an experienced lawyer who can help you gather evidence and present a compelling case is important. You are challenged with showing the court that the owner of the property is more than 50% liable for the accident or that they share the majority of liability with parties other than you. 

The shared fault rule is in place to ensure all parties are fairly represented and provided with the opportunity to present evidence to support their claims. As the injured party, you may have a fight on your hands. A lawyer who understands the laws surrounding slip and fall accidents, including the shared fault rule, will attempt to demonstrate that you are deserving of compensation for your injuries. To learn more about the process of filing a slip and fall suit in Georgia, or to schedule a free consultation, call our offices today at 912-764-9616, or email us at info@hlfranklin.com.