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Will a restaurant be liable for my slip and fall?

On Behalf of | Jul 5, 2024 | Personal Injury

As summer peaks, people are excited to be out and about. Athens is a vibrant city that offers a wide range of dining and entertainment options. From cozy bars to busy restaurants, there’s always a new place to explore. While these establishments are designed for enjoyment, it’s important to be prepared for unexpected incidents, such as slips and falls.

Understanding premises liability

When you enter a bar or restaurant, you become an invitee. Under Georgia law, property owners owe invitees a duty of care to maintain safe premises. This includes addressing potential hazards like wet floors, uneven surfaces or inadequate lighting. When an individual suffers a slip-and-fall accident in an establishment, the question of liability surfaces. This is where premises liability law comes into play.

However, determining liability can be complicated. Factors such as the cause of the fall, the property owner’s awareness of the hazard and whether reasonable steps were taken to address it must be considered. In Georgia, a modified comparative negligence rule is also in effect. This means that any compensation the court awards you will decrease by the percentage of blame assigned to you. For instance, if the court determines that you are 20% responsible for the incident and grants you a compensation of $10,000, you would receive $8,000 after the deduction. Additionally, if you’re found to be 50% or more responsible for the accident, you may not be eligible to receive any compensation.

Steps to take after a slip and fall

If you suffer a slip-and-fall accident in a bar or restaurant, here are some helpful steps you may take:

  • Seek medical attention: Your health is the top priority. Seek immediate medical attention if necessary.
  • Document the incident: Take photos of the location and any hazards. Also, note down witness details, if any.
  • Report the incident: Inform the establishment’s management about the incident. They should file an accident report, which you may use as evidence should you decide to press charges.
  • Keep records: Maintain a file with all relevant documents, including medical reports and accident reports.

Unexpected slips and falls can dampen your summer spirit. Nevertheless, understanding premises liability and the steps to take after an incident can help you navigate the aftermath more effectively.

If you suffer a slip and fall and believe the establishment was negligent, consulting with a legal professional may be beneficial. They can provide guidance tailored to your specific situation and help you understand your options.