Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
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The factors in a slip and fall settlement

On Behalf of | Nov 8, 2018 | Premises Liability

There are many factors that must be taken into consideration when settling a slip-and-fall case. For instance, it is important to consider whether a Georgia property owner was at fault for the incident occurring. This may be true if there was no sign warning an individual of a wet floor or if there was no rug to help keep the floors dry. Awards in this type of a case are classified as general and special damages.

Special damages are items such as medical bills incurred or lost wages because of the accident. General damages include lost future earnings or compensation for a lower quality of life after the accident. Depending on the facts of the case, an individual may be allowed to pursue punitive damages, which are designed to punish defendants for their inability to keep a person safe.

Punitive damages are generally only awarded if a business owner was liable for a victim’s injuries. As a general rule, a person is only entitled to damages if he or she was allowed to be on the property where the accident occurred. This is generally true whether it took place at a private residence or in an office building. However, trespassers may be granted damages in a case in certain instances.

When hazardous conditions exist on a property, the owner generally has an obligation to remove them. Alternatively, the owner needs to warn individuals about the dangerous condition to stop potentially preventable accidents from occurring. Failure to do either could result in an injured victim being entitled to compensation. An attorney may gather physical evidence as well as take witness statements in an effort to build a case against a property owner. This may result in a favorable settlement or jury award for a victim.


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