Slip & Fall Accidents in Savannah, Georgia: Legal Insights, Statistics, and Notable Cases

Slip and falls are a big problem in Savannah, GA and can cause serious injuries that can change your life. Whether on commercial or residential property, slip and falls can cause physical, emotional and financial damage. Knowing the laws, stats and cases will help you get compensation and justice.

Slip & Fall Injury Laws in Savannah, GA

Slip and falls in Savannah are governed by premises liability laws which outline the duties and responsibilities of property owners and managers. The purpose of these laws is to have property owners keep the property safe for visitors and take steps to mitigate any potential dangers.

Law

Georgia’s premises liability laws protect visitors to commercial and residential property, hold property owners responsible for keeping the property safe.

Duty of Care

Under Georgia law (O.C.G.A. § 51-3-1) property owners have a legal duty to keep the property in a reasonably safe condition. The extent of this duty depends on the type of visitor:

• Invitees: These are people who enter the property for the benefit of the owner, such as customers in a store. Property owners owe the highest duty of care to invitees which means regular inspections, fixing hazards and warning of dangerous conditions.
• Licensees: These are social guests or people on the property for their own purposes. Property owners must warn licensees of known hazards but are not required to inspect.
• Trespassers: Property owners owe the lowest duty of care to trespassers. However, they cannot intentionally harm a trespasser or act grossly negligent.

The highest duty of care is owed to invitees as they are considered to have entered the property for the property owner’s benefit. This often applies to customers of businesses, tenants and employees on commercial property.

Negligence

To win a slip and fall case the plaintiff must prove the property owner or manager was negligent. Negligence means:

• The property owner knew or should have known of the hazardous condition.
• The property owner failed to fix or warn visitors of the hazard.
• The hazard caused the victim’s injury.

Common hazards that cause slip and fall accidents are wet floors, uneven pavement, poor lighting, loose carpeting and ice or snow accumulation. If the property owner fails to address these dangers in a timely manner they may be liable for the injuries that occur.

Comparative Fault

Georgia is a comparative fault state (O.C.G.A. § 51-12-33) which means if the injured party is found to be partially at fault for the accident, their recovery will be reduced by their percentage of fault. For example, if the victim is found to be 25% at fault for not seeing a visible hazard, their recovery would be reduced by 25%.

In Georgia if the plaintiff is 50% or more at fault they are barred from recovering. So property owners will often try to shift some or all of the blame to the victim by saying they were careless or inattentive.

Slip & Fall Claims

Personal Injury Claims

Personal injury claims are the most common type of lawsuit after a slip and fall accident. These claims seek damages for:

• Medical Expenses: This includes costs of hospital stays, surgeries, physical therapy, medications and follow up care. Slip and fall accidents can cause severe injuries such as broken bones, head trauma and spinal cord injuries which require extensive medical treatment.
• Pain and Suffering: Victims can seek compensation for physical pain and emotional distress caused by the accident. This is a subjective category and varies depending on the nature and severity of the injury.
• Lost Wages: If the victim is unable to work they may be entitled to recover lost income. In cases where the injury results in a long term disability victims can seek compensation for future lost earnings.
• Loss of Enjoyment of Life: This covers the emotional impact of the accident, especially if the victim can no longer do things they used to do or if their overall quality of life has decreased because of their injuries.

Property Damage Claims

In addition to seeking compensation for their physical injuries victims of slip and fall accidents can file property damage claims if their personal property was damaged in the fall. Examples include:

• Smartphones: If the victim’s phone was damaged in the fall they may seek compensation for repair or replacement costs.
• Eyeglasses: Glasses are often broken in falls and victims can include the cost of repair or replacement in their claims.
• Clothing: Expensive clothing or accessories that were damaged in the fall can also be included in a property damage claim.

Wrongful Death Claims

In the worst cases slip and fall accidents can be fatal, especially when elderly victims are involved. Families of the deceased can file wrongful death claims for:

• Funeral and burial expenses.
• Loss of financial support.
• Loss of companionship and emotional distress.

Wrongful death claims can provide financial relief to families while holding negligent property owners accountable.

Slip & Fall Claim

Statute of Limitations

In Georgia the statute of limitations for a personal injury claim related to a slip and fall is two years from the date of the accident (O.C.G.A. § 9-3-33). If the claim is not filed within this timeframe the victim loses the right to recover. It’s important to act quickly to preserve evidence and build your case.

Evidence Required

To prove a slip and fall claim you will need substantial evidence including:

• Photos of the accident scene: Pictures of the hazardous condition, such as a wet floor or broken pavement, are key to proving the property owner was negligent.
• Medical records: Documentation of the injuries and treatment required to establish the extent of damages.
• Witness statements: Testimony from people who witnessed the accident can support the victim’s version of events and show the property owner was negligent.
• Maintenance records: If the property owner regularly inspected the premises and failed to address known hazards these records can be evidence of negligence.

Accurate documentation of the accident and its aftermath is key to proving liability and damages.

Insurance in Slip & Fall Cases

Most property owners have liability insurance for accidents that occur on their property. Victims will often have to negotiate with insurance companies to get compensation for their injuries.

Property Owner’s Insurance

The property owner’s liability insurance covers claims from accidents on their property. But insurance companies will try to reduce payouts by saying the victim was at fault or the injuries weren’t as bad as claimed.

Premises Liability Coverage

Many businesses and property owners carry premises liability insurance which covers accidents from unsafe conditions. This coverage can include personal injury and property damage claims. Knowing the policy limits and exclusions is important to make sure all damages are covered.

Slip & Fall Claim Lawyer

Lawyers

A lawyer can provide:

• Investigation: Lawyers get and preserve evidence to build your case. They work with experts to determine the hazardous condition that caused the fall.
• Negotiation: Lawyers advocate for fair compensation and get settlements that match the full extent of your damages.
• Filing suit: If negotiations don’t result in a fair settlement lawyers can file a lawsuit and represent you in court.

A lawyer can help victims through the legal process and protect their rights.

Slip & Fall Statistics in Savannah, Georgia (2023)

Slip and fall accidents are the number one personal injury claim in Savannah, Georgia. Here are the latest statistics.

Incidents

In 2023 Savannah had 120 slip and fall accidents, many in commercial properties, residential properties and public spaces. These resulted in everything from minor bumps to life threatening injuries.

Injuries

Injuries from slip and fall accidents depend on the severity of the fall and the victim’s physical condition. Here are common injuries:

• Fractures: Broken bones, especially in the arms, wrists and hips, are common in slip and fall accidents, especially among the elderly.
• Sprains and strains: Soft tissue injuries, sprained ankles and wrists are common after falls.
• Concussions and head trauma: If the head hits the ground during a fall the victim may get a concussion or more severe brain injury.
• Back and spinal cord injuries: Falls can cause herniated discs or in severe cases spinal cord injuries that can lead to paralysis.

Accident Locations

Most slip and fall accidents in Savannah occur in commercial properties including:

• Supermarkets: Wet floors, spills and slippery surfaces are common causes of falls in grocery stores.
• Restaurants: Inadequate cleaning, wet floors and obstructed walkways cause many slip and fall accidents in restaurants.
• Retail stores: Falls occur in stores because of merchandise on the floor, poorly maintained walkways or insufficient lighting.

Residential properties like apartment complexes and homes are also common places for slip and fall accidents. These are often caused by uneven surfaces, icy steps and poorly maintained walkways.

Demographics

Slip and fall accidents affect everyone, but have a bigger impact on:

• Elderly: Older adults are more likely to get seriously injured from falls because of decreased mobility and balance. Many of the incidents in Savannah involved elderly victims resulting in broken hips, head injuries and long term disabilities.
• Young children: Slip and fall accidents among children occur in residential and public spaces and result in fractures, cuts and bruises.
• Employees: Workers in industries like retail and hospitality are more at risk for slip and fall accidents especially in high traffic areas and hazardous conditions.

Recent Slip & Fall Accident Case

A recent case in Savannah shows the legal process and potential compensation for slip and fall victims.

Case: Smith v. Savannah Mall

Jane Smith, 65, was shopping at a store in Savannah Mall when she slipped and fell. The floor was wet and not marked with warning signs. Smith had multiple fractures and required surgery and rehabilitation.

Result

Case settled for $950,000 to cover Smith’s medical bills, lost wages, pain and suffering and future medical needs. Also included was compensation for ongoing therapy and care.

Takeaway

This case shows the importance of safety measures in commercial properties especially in high traffic areas. The settlement brought awareness to slip and fall risks and advocacy for better safety protocols in retail stores.

Slip & Fall Accident Lawyer

Case Review and Investigation

Attorneys gather evidence and build a case for their clients.

Investigation

Attorneys review accident reports, witness statements and maintenance records to see if the property owner was negligent. They may also take pictures of the accident scene and get security footage to support the claim.

Expert Witness

In many cases, attorneys work with medical experts and safety professionals who can testify about the extent of the injuries and the hazardous conditions of the property. This testimony is key to proving liability and damages.

Negotiation and Litigation

Attorneys negotiate with insurance companies to get a fair settlement for the victim’s injuries and damages.

Settlement Negotiations

Attorneys review insurance company offers and work to get compensation for the full extent of the victim’s losses including medical bills, lost wages and pain and suffering. If the initial offer is too low, the attorney will negotiate for a higher offer.

Litigation

If a fair settlement can’t be reached, the attorney will file a lawsuit. In trial, the attorney will present evidence, argue on behalf of the victim and ask the jury for a verdict.

Client Services

Throughout the process, attorneys guide and support their clients. Slip and fall victims face physical, emotional and financial challenges. Attorneys help their clients understand their options, explain the outcome of their case and advocate for their best interests.

Bottom Line

Slip and fall accidents in Savannah, Georgia are legally and personally complex for victims and their loved ones. The effects can be life changing and fair compensation is crucial for victims to recover and move on. By knowing the laws, looking at recent statistics and recent cases, victims and their families can get a better understanding of the process.

For slip and fall accident help, contact Keller Swan.