Slip & Fall Lawyers

To win a slip and fall claim, you must prove three elements: (1) a dangerous condition existed on the property, (2) the property owner knew or should have known about the hazard, and (3) the owner failed to fix the condition or adequately warn visitors. Evidence such as surveillance footage, incident reports, maintenance logs, prior complaints, and witness statements is critical. Our attorneys act quickly to preserve this evidence before it is destroyed or overwritten.

In Georgia, you have 2 years from the date of the fall to file a personal injury lawsuit (O.C.G.A. § 9-3-33). In South Carolina, the deadline is 3 years (S.C. Code § 15-3-530). If the fall occurred on government property, shorter notice requirements may apply — in Georgia, you must provide ante litem notice within 12 months under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26).

The "open and obvious" defense is the most common tactic in slip and fall cases. In Georgia, courts apply the "equal knowledge" rule — if the plaintiff had equal knowledge of the hazard, the owner may not be liable (Robinson v. Kroger Co.). However, this defense can be overcome by showing the victim was reasonably distracted, the hazard was not truly obvious, or the owner still had a duty to remedy a known danger despite its visibility. South Carolina applies a similar but less rigid standard.

Yes, in many cases. A wet floor sign alone does not automatically eliminate the property owner's liability. If the sign was placed too far from the hazard, was not visible, or if the owner failed to take reasonable steps to actually clean up the spill in a timely manner, the sign may be insufficient. Our attorneys evaluate whether the warning was adequate and whether the property owner took all reasonable precautions.

Grocery stores and retail businesses are frequent slip and fall locations due to spilled products, wet produce areas, recently mopped floors, cluttered aisles, and loose floor mats. Georgia law (O.C.G.A. § 51-3-1) requires business owners to exercise ordinary care to keep premises safe for customers. This includes regular inspection, prompt cleanup of spills, and adequate warning of hazards. We subpoena surveillance footage and maintenance logs to prove negligence.

You may recover economic damages including medical expenses (ER visits, surgery, rehabilitation, future treatment), lost wages and reduced earning capacity, and out-of-pocket costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement. In cases involving willful or wanton negligence by the property owner, punitive damages may also be available.

Yes, always report the fall to a manager or property owner immediately and request that they create a written incident report. Ask for a copy of the report. Take photographs of the exact location, the hazardous condition (wet floor, broken step, debris), your injuries, your footwear, and any warning signs (or lack thereof). Get contact information from any witnesses. This documentation is critical for your claim.

Claims against government entities in Georgia are governed by the Georgia Tort Claims Act (O.C.G.A. § 50-21-20), which requires ante litem notice within 12 months of the incident. South Carolina has the South Carolina Tort Claims Act (S.C. Code § 15-78-80) with a 2-year notice requirement. Government immunity may also limit recoverable damages. Our attorneys are experienced in navigating these additional procedural requirements.

Most slip and fall cases settle within 8 to 18 months, depending on the severity of injuries, the clarity of liability, and whether the property owner disputes the claim. Cases involving serious injuries like hip fractures or TBI may take longer because we wait until maximum medical improvement to accurately value future damages. If a fair settlement cannot be reached, we are prepared to take the case to trial.

Slip and fall cases are notoriously difficult to win without legal representation. Property owners and their insurers aggressively defend these claims using the "open and obvious" defense, disputing how long the hazard existed, and blaming the victim. An experienced attorney knows how to gather and preserve evidence, counter common defenses, and calculate the full value of your damages. We work on contingency — you pay nothing unless we win.