ATLANTA,GA
DULUTH, GA
ATLANTA,GA
DULUTH, GA
Slip and falls represent one of the leading causes of emergency room visits in the United States. According to the Centers for Disease Control and Prevention (CDC), each year, 3 million people over the age of 65 are treated in the emergency room for fall injuries. Despite the frequency of such injuries, slip and fall cases are extremely difficult to bring and even more difficult to succeed in. Many pieces must fall into place to bring a successful claim and that is why it is important to have an attorney by your side when you bring a slip and fall claim. We have decades of experience handling slip and fall cases, so please feel free to contact us today at (404) 793-1066.
In a slip and fall matter, it is important to know the substance or hazard on the property that caused the fall. If you do not know, it is very likely your case will be unsuccessful.
Hazards on the premises that cause slip and falls usually breakdown into two categories: static conditions or foreign substances. A static condition is something that is meant to be on the property, such as steps, curbs, tiles, ramps, railings, etc. A foreign substance is something that is not meant to be on the property and should be removed, such as liquids, grease spills, food, rugs, mats, debris, etc. Which hazard causes your slip and fall will determine how you proceed with your case.
Examples of Slip and Fall Hazards include:
Hiring an experienced lawyer is essential in slip and fall cases because if the appropriate steps are not taken on your behalf, you may never be able to reach a successful resolution of your claim.
It is important to hire an experienced attorney to navigate the complexities of a slip and fall case. Not only are there specific legal concepts that must be established, it is important to hire someone who has dealt with requesting the types of records necessary to demonstrate knowledge of the hazard, such as cleaning logs, janitorial schedules and other maintenance records. It is also important to hire an attorney who has experience dealing with insurance carriers and some understanding of industrial cleaning methods in public areas. This knowledge is established over time and you will want to hire an attorney from an established firm that has dealt with these types of cases multiple times over.
As mentioned above, it is important to know the hazard that caused your slip and fall, or your case will not be able to survive. The duty owed to a visitor or patron changes depending on the hazard type. Distinguishing between whether the hazard that caused your injury is a foreign substance or static defect determines the standard owed to prevent against unwanted injury. A static defect is a permanent or structural defect, such as steps, curbs, carpets, sidewalks, drains or walking paths. A static defect may require that you look to building codes or technical violations to demonstrate that the condition was unsafe.
A foreign substance is a condition on the property that should not be present and must be cleaned up or removed, such as liquids, debris, rolled-up mats, banana peels, etc. A foreign substance requires that you determine the defendant’s knowledge of the condition and whether there was a reasonable time to clean the foreign substance up or fix the problem. As a plaintiff, you will have to show that the defendant’s actions were unreasonable.
An important factor in a slip and fall case is knowledge. The distinction is between the plaintiff’s knowledge of the hazard and the possessor of property’s knowledge of the same. A key to a successful slip and fall claim is demonstrating the property possessor’s (i.e., the owner or occupier’s) superior knowledge of the hazard. To establish superior knowledge, the plaintiff must basically show two things: (1) the hazard was known by the defendant, and (2) the hazard was not known by the plaintiff. It is the fact that the plaintiff was unaware of the hazard while the land possessor knew of it that makes it “superior” knowledge. In other words, the property possessor knew something the plaintiff did not know and failed to remedy the problem within a reasonable time.
To demonstrate a property possessor’s knowledge, the plaintiff must demonstrate that the possessor of the property knew or should have known of the hazard that caused the fall. In other words, a plaintiff can establish a defendant’s knowledge with evidence of active knowledge of the hazard or constructive knowledge. Active knowledge is where the property possessor saw the defect or caused the defect and failed to take reasonable steps within a reasonable amount of time after becoming aware of the defect to remedy the hazardous condition. Constructive knowledge is where the plaintiff can demonstrate that the hazardous condition could have been discovered and removed if the property possessor had exercised ordinary care in inspecting the premises.
To succeed in a slip and fall, a plaintiff must establish the possessor’s superior knowledge of the hazard, otherwise the plaintiff’s case will be unsuccessful.
The best evidence to demonstrate a defendant’s superior knowledge is by getting a video showing the hazardous condition prior to and at the time of the incident. Other evidence that can demonstrate superior knowledge are maintenance and cleaning inspection logs. Additionally, any prior complaints of slipping or falling can demonstrate a property possessor’s awareness of the hazardous condition. Online reviews of the premises, such as ones mentioning slipping, can also demonstrate superior knowledge.
A plaintiff may not recover for a slip and fall if the plaintiff had equal knowledge of the hazard. Even if the hazard that caused the plaintiff’s slip and fall is something within the owner or occupier’s control that the owner/occupier had superior knowledge of and failed to remedy, a plaintiff may not recover if he was equally aware of the hazard prior to his injury. In other words, if the plaintiff has successfully encountered and navigated around a dangerous static condition in the past prior to being injured by the same dangerous static condition, the plaintiff is presumed to have equal knowledge of the hazard. Perkins v. Val D’Aosta Co., 305 Ga. App. 126, 699 S.E.2d 380 (2010). As an example, a tenant cannot recover against its apartment complex’s landlord or property manager for failing to fix a pothole in the lawn that caused a tenant to break his ankle if the tenant was equally aware of the pothole prior to his injury and had previously negotiated it before. The only way to overcome the equal knowledge rule would be if you can demonstrate that something about the hazard changed since the last time the plaintiff encountered it or that the plaintiff’s view of the hazardous condition somehow was different on each occasion.
A person is generally required to exercise ordinary diligence to protect themselves against injury. O.C.G.A. § 51-1-2. Thus, even if a property possessor is negligent for creating a hazardous condition or defect, an injured party still has the duty to exercise ordinary care to avoid the consequences of defendant’s conduct. O.C.G.A. § 51-11-7. Where a hazard is “open and obvious” or “in plain sight,” an injured party is required to exercise the same standard of care as reasonably prudent person in the situation to avoid injury. If the injury was unavoidable, despite the hazard being found to be in plain sight, a plaintiff can be found to have contributed to his injuries.
Georgia applies a modified comparative negligence standard, which means that if the injured party is found to be 50% or more at fault for the injuries he sustained, he is not entitled to any recovery of damages. O.C.G.A. § 51-12-33. To illustrate, if a hazard that caused a plaintiff’s injury is found to be “open and obvious” and the jury finds the plaintiff to be 51% at fault, the plaintiff will recover nothing for his injuries and will be required to cover the costs of medical treatment he incurred himself. Alternatively, if the hazard is found to be “open and obvious” but the jury finds the plaintiff to be only 20% at fault, the plaintiff’s damages will be reduced by his percentage of fault. In other words, say the plaintiff’s total awarded recovery is $100,000 and he is found 20% at fault, the plaintiff can only recover $80,000.
Where a slip and fall is due to another person’s active negligence, the theory of ordinary negligence applies, meaning an injured party only needs to establish duty, breach, causation and damages. For example, active negligence would be where an employee creates the hazard that caused the plaintiff to slip and fall, such as dropping liquid on the ground. Where the hazard that caused the injury is due to active negligence, the defendant’s lack of superior knowledge of the hazard or the plaintiff’s equal knowledge of the hazard are not a basis for summary judgment.
Slip and falls can cause serious injury, even death. A person who suffers a slip and fall can sustain bone fractures, soft tissue damage, spinal cord injuries, head trauma, paralysis and wrongful death. In fact, falls are the most common cause of traumatic brain injuries, according to the Centers for Disease Control and Prevention (CDC). Thus, slip and fall cases must be taken seriously, even if they can be difficult to bring.
An injury resulting from a slip and fall for someone over the age of 65 can be especially devasting. According to the Centers for Disease Control and Prevention (CDC), one out of every five falls for someone over the age of 65 causes a serious injury, such as broken bones or a head injury and over 800,000 patients are hospitalized every year because of a fall injury. Total medical costs for falls in 2015 exceeded $50 billion. Such fall injuries are especially impactful on an older person’s life because it can make it hard for the person to get around, conduct daily activities, or live independently. Moreover, following a fall, an older adult usually starts limiting activities out fear of having to experience a fall injury again and this can result in an older adult having a diminished quality of life.
Not only can falls in older people cause severe injuries, they can also cause death. Based on CDC data, fall death rates for older adults in the United States have increased 30% from 2007 to 2016. At this rate, the CDC predicts that 7 fall deaths will occur every hour by 2030. Of course, not all falls suffered by older adults are due to slip and falls, but it does demonstrate the higher risk that adults over the age of 65 face should they suffer a slip and fall.
Following a slip and fall it is important that you contact an experienced attorney to help present and develop your case. Here are some things a lawyer can do:
Following a slip and fall, it is important that you take certain steps to help document the injuries and pain and suffering you sustained following the accident. Here are some best practices:
Finch McCranie is a boutique firm that has been handling personal injury cases and catastrophic injuries in Georgia and the southeast for over 50 years. Our team can provide you with the individualized attention that your case needs and that you will be unable to find elsewhere. Our dedicated attorneys work tirelessly to meet the needs of our clients and to get them the best results we can in each and every case. Our loyal staff works hard to make sure all files are up to date and no communication is missed. If you want an individualized experience and to be represented by attorneys who actually care about your case, hire Finch McCranie for your slip and fall matter.
If you or a loved one has suffered serious personal injury or death as a result of a slip and fall, contact the attorneys at Finch McCranie LLP. You may be entitled to damages to help pay your medical bills, cover lost wages, and make up for other expenses you incurred as a result of your injuries. Our experienced attorneys are more than happy to discuss your case during your free consultation. Call us today at (404) 793-1066.
A Life Care Plan is an in-depth report that details an amputee’s current and future financial needs and expenses associated with his care following an amputation. The report opens with information about the amputee, such as his background and his pre-injury status. It then outlines the amputee’s current status, describing the amputee’s functional deficiencies and changes to his life following the amputation.
A Life Care Plan must consider multiple modalities of an amputee’s life. The Life Care Plan must consider an amputee’s treatment and subsequent medical surveillance. It must consider the need for surgery, or any distinctive symptoms or characteristics from which the amputee suffers. It must consider subsequent pain management and medications that must be taken following an amputation and for the rest of an amputee’s life. It must consider the physical therapy and rehabilitation required following an amputation and how long that must continue. It must consider any psychological counseling required after the limb loss. It must consider any equipment or prosthetics the amputee may need. It must consider the costs of attendant care and replacement services. It must also consider any housing modifications that must be made following an amputation.
Following an amputation, an amputee will be required to meet with several types of specialists for treatment and surveillance during the healing process. A treatment plan will be developed that is tailored to the health needs and interests of the amputee. Follow up care will include a focus on maintenance, prevention, and crisis intervention, if necessary. An amputee can meet with orthopedic surgeons, psychiatrists, vascular surgeons, and prosthetists. An amputee will require clinical evaluations, MRIs, x-rays, and CT scans during the healing process. It’s also possible that an amputee will require surgical revisions of the amputation. All these visits add to the medical expenses incurred as a result of the accident, adding to the damages of the plaintiff-amputee.
Through the entire process, from the traumatic accident that caused the amputation to the years of healing following the amputation, an amputee suffers from different stages of pain. These stages can be distinguished as postoperative pain, phantom pain, and phantom sensation. Consequentially, each stage requires a different pain management strategy and must be carefully monitored. Postoperative pain tends to require short-term narcotics. Phantom pain, as described above, is ongoing painful sensations coming from the limb and can require pain medication to resolve the nerve pain. Phantom sensation requires no pain medication but merely reassurance that the feelings are normal and a part of the process of recovery. Phantom sensation can include cramping, moving of missing limb, burning, stabbing, shooting, tightening, squeezing, twisting, gnawing pain of the missing and remaining limb.
Pain management is an important factor in an amputee’s recovery. For example, if the pain is not properly managed in the limb, it can result in serious consequences such as over-use of the non-injured limb. Follow up pain management can be a significant cost, further impacting a plaintiff’s damages and ultimate recovery.
Depending on the nature of the injury, the specific physical and occupational program may vary. An amputee may require intensive therapy or maybe only a short-term program. The therapy may be for maintenance or for crisis intervention. Most amputations will require a home exercise program to rehabilitate the limb. Such programs are intended to improve range of motion and strength. The intention will be to assimilate the amputee to performing the activities of daily living and prevent over-use of the contralateral limb. Much like pain management, follow-up therapy comes at a significant cost and may substantially impact a plaintiff-amputee’s damages depending on the frequency and the duration of the treatment.
Following an amputation, an amputee will require the use of varying equipment to assist the amputee with daily life. That equipment may be for mobility, such as a wheelchair, cane, crutches, scooter or stair-glide. For self-care, an amputee may require certain items for bathing and hygiene, such as a shower chair, hand-held shower head, toilet mount, or bidet. An amputee may require reachers and wheeled carts for daily living activities or an environmental control unit to control their home’s climate. An amputee may also need automobile modifications such as foot pedals, keyless entry, hand controls, scooter lifts or accessible van. These pieces of equipment and modifications add to the cost incurred by an amputee following a catastrophic accident, increasing an amputee’s ultimate damages.
Obviously, the exact prosthetic required following an amputation will be specific to the amputee’s case. That being said, there are certain prosthetic supplies that can generally be anticipated for amputations of both upper and lower extremities. In both instances, an amputee will require liners, socks and sleeves to protect the remaining portion of the limb. If an amputee lost a leg, the surviving portion of the limb will require a shrinker to fit into the prosthetic. An amputee may also require skin care products to heel the skin on the limb. Additionally, the prosthetics themselves will require replacement sockets. Much of these supplies will need to be replaced multiple times over an amputee’s remaining lifetime, adding to the incurred cost resulting from the amputation.
Very often an amputee requires counseling following an amputation. Counseling assists the amputee with the process of mourning the lost limb and dealing with the subsequent changes in body image. Additionally, it can be hard for an amputee to cope with the new functional limitations he or she faces on a daily basis in addition to the recurring pain following an amputation. It also can be difficult for an amputee to adjust to their new role in their home environment and cope with the perceived socialization and cultural issues that are assumed following an amputation. Recovery from the emotional impact of an amputation can take as long a physical rehabilitation, sometimes even longer. That is why counseling can be an important factor in the recovery process and can impact the damages that an amputee incurs.
Finch McCranie, LLP has been around for over 50 years practicing in catastrophic personal injury. As a boutique firm, we ensure we provide undivided and individualized attention to each client that hires us. Our firm follows the golden rule and will help you through your case as we would want someone to help us through our own. If you want a team that will back you up and passionately represent your case, you will want Finch McCranie, LLP to represent you.
If you or a loved one has suffered a catastrophic injury such as an amputation as a result of an accident, contact the attorneys at Finch McCranie LLP. You may be entitled to damages to help pay your medical bills, cover lost wages, and make up for other expenses you incurred as a result of your catastrophic injury. Call us today at (404) 793-1066 for your free consultation.
We understand the uncertainty that comes with legal issues. Our attorneys are here to guide you every step of the way — from the first consultation to courtroom resolution (if that becomes necessary). We offer confidential, no-obligation case evaluations.
📞 Call us today at (404) 341-5356 or email finchmccranie@finchmccranie.com to schedule your consultation.