A slip-and-fall accident can happen almost anywhere. The slip and fall injury attorneys at Butler Kahn want you to know that you should not feel embarrassed after this kind of accident. If your slip-and-fall accident was caused by someone else’s negligence – for example, stairs that were not maintained according to building codes, or a leak on the floor that you couldn’t see – you should not be the one paying for your medical bills. We can talk with you about your legal rights.
It costs nothing to talk with an Atlanta slip and fall lawyer at Butler Kahn. Call us or reach out to us online to discuss how we can help you maximize your compensation after a slip-and-fall accident. Our slip and fall attorney can help.
What’s on this pageIf you were injured in a slip and fall accident in Atlanta caused by someone else’s negligence, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. The Atlanta slip and fall lawyers at Butler Kahn represent people who have been seriously hurt due to dangerous property conditions, including wet floors, uneven surfaces, broken stairs, and inadequate lighting. Property owners in Georgia have a legal duty to maintain reasonably safe premises under Georgia premises liability law, and when they fail to do so, they can be held liable for injuries that result.As part of our Atlanta personal injury practice, we handle slip and fall cases throughout metro Atlanta and help victims pursue fair compensation from negligent property owners.
It costs nothing to talk with an Atlanta slip and fall lawyer at Butler Kahn. Call us at (678) 940-1444 or contact us online to discuss how we can help you maximize your compensation after a slip and fall accident.
Common Causes of Slip-and-Fall Accidents in Atlanta
Slip-and-fall accidents occur for many different reasons. Sometimes, of course, the person who slipped is responsible, and in that circumstance, there is no legal case for us to bring. But on other occasions, a property owner or business operator may have caused the slip. In those circumstances, the injured person may have a case or claim arising out of the slip-and-fall accident under Georgia’s “premises liability” law.
For example, grocery stores and other businesses have a responsibility to keep their places of business – called their “premises” – reasonably safe. That means that they should clean up dangerous spills reasonably quickly. If there is a spill of water, or if water is leaking out of a freezer into an aisle, customers could slip, fall, and be hurt. In those circumstances, the business owner may be liable under Georgia law and would have to compensate people who have been hurt as a result of their negligence.
Trip hazards are another example. When a business has stairs or flooring on different levels, for instance, those stairs or steps have to conform to various building and safety codes adopted by the county, city, or state of Georgia.
If the stairs aren’t built to code, the handrail is broken, the steps aren’t correctly marked, or the surface is unreasonably uneven or hazardous, the business owner can be responsible for injuries caused by those defects. This is another aspect of premises liability law in Atlanta and is another reason that a property or business owner might have to compensate people who have been hurt.
A few examples of some of the most common causes of slip-and-fall accidents include:
Spilled liquids on the floor of a store, workplace, or hotel
Slippery walkways, sidewalks, and parking lots, especially if there’s rain, snow, or ice on the ground
Objects left on the floor of a store, workplace, or an office
Poorly maintained sidewalks or another pathway
Cords and stray electrical wires that pose a tripping hazard
Broken or damaged handrails on staircases or other walkways
Poor lighting that obscures a trip or slips hazard
Nursing homes or assisted living facilities with poor upkeep on floors
Common Places Where Slip-and-Fall Accidents Occur in Atlanta
Because there are so many ways for slip-and-fall accidents to happen, they can occur on virtually any type of property. Here are some of the most common places where these kinds of accidents happen:
Grocery stores
Big-box stores
Restaurants
Movie theaters
Sports stadiums
Public parks and playgrounds
Amusement parks
Hotels
Hospitals
Apartment complexes, condos, townhomes, and other rental properties
Slip and fall accidents can cause injuries ranging from minor bruises to catastrophic, life-altering conditions. The severity of injuries often depends on factors like the height of the fall, the surface landed on, the person’s age and health, and whether they were able to brace themselves. Many slip and fall injuries are not immediately apparent and may worsen over time without proper medical treatment. Our Atlanta personal injury attorneys work closely with medical experts to document the full extent of your injuries and pursue compensation that covers both current and future medical needs.
Traumatic Brain Injuries
Slip and fall accidents are a leading cause of traumatic brain injuries (TBIs). When a person’s head strikes the ground or another surface during a fall, the impact can cause concussions, contusions, or more severe brain damage. TBIs can result in cognitive impairment, memory problems, personality changes, and permanent disability. Even a “mild” concussion can have lasting effects that interfere with work and daily life. If you hit your head during a fall, you should seek immediate medical attention. Our Atlanta brain injury lawyers understand the complex medical and legal issues involved in these cases.
Spinal Cord Injuries and Back Injuries
Falls frequently cause damage to the spine, including herniated discs, fractured vertebrae, and spinal cord injuries. Spinal cord damage can result in partial or complete paralysis, chronic pain, and loss of bodily functions. Back injuries from slip and falls often require surgery, physical therapy, and ongoing medical care. Some back injuries become chronic conditions that cause pain and limitations for years. Our Atlanta spinal cord injury lawyers fight for compensation that reflects the true long-term cost of these devastating injuries.
Broken Bones and Fractures
Broken bones are among the most common slip and fall injuries. When people fall, they often instinctively try to catch themselves, which can result in broken wrists, arms, and shoulders. Hip fractures are particularly common in older adults and can lead to serious complications, extended rehabilitation, and loss of independence. Fractures may require surgery, casting, physical therapy, and extended time away from work.
Soft Tissue Injuries
Soft tissue injuries include damage to muscles, tendons, ligaments, and other connective tissues. Sprains, strains, and tears can cause significant pain and limit mobility. Soft tissue injuries are sometimes dismissed as minor, but they can become chronic conditions that require ongoing treatment. These injuries may not appear on X-rays, which can make them harder to document for insurance claims—but our attorneys know how to build strong cases for soft tissue damage.
Knee and Shoulder Injuries
Falls often damage the knees and shoulders, including torn ACLs, MCLs, rotator cuff tears, and dislocations. These injuries frequently require surgery and extensive physical therapy. Knee injuries can permanently affect mobility and may lead to early onset arthritis.
Cuts, Bruises, and Abrasions
While often less severe than other injuries, cuts and abrasions can become infected if not properly treated. Deep lacerations may require stitches and can leave permanent scars. Severe bruising can indicate internal bleeding or damage to underlying tissues.
How Does Georgia Premises Liability Law Work?
Georgia premises liability law establishes when property owners and occupiers can be held responsible for injuries that occur on their property. Under O.C.G.A. § 51-3-1, property owners who invite others onto their premises have a duty to exercise ordinary care to keep the property safe. Understanding how Georgia premises liability law applies to your situation is essential to pursuing fair compensation.
Property Owner Duties Under Georgia Law
Property owners in Georgia must inspect their premises for hazards, repair dangerous conditions, and warn visitors of known dangers. Businesses that invite customers onto their property owe the highest duty of care. This means grocery stores, restaurants, shopping centers, and other businesses must actively look for hazards and address them promptly. A property owner who knows about a dangerous condition or should have known about it through reasonable inspection can be liable for injuries caused by that condition.
The “Knowledge” Requirement
To recover compensation in a Georgia slip and fall case, you must generally show that the property owner either knew about the hazardous condition or should have known about it. Georgia courts recognize two types of knowledge:
Actual knowledge: The property owner was directly aware of the hazard (for example, an employee saw the spill but didn’t clean it up)
Constructive knowledge: The hazard existed for long enough that a reasonable property owner exercising ordinary care would have discovered and corrected it
Comparative Negligence in Georgia
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. This means your compensation may be reduced if you were partly at fault for your accident. However, you can still recover damages as long as you were less than 50% responsible for your injuries. If you are found to be 50% or more at fault, you cannot recover any compensation. Learn more about how fault works in Georgia personal injury cases in our frequently asked questions.
Visitor Classification in Georgia
Georgia law classifies visitors based on their reason for being on the property, which affects the duty of care owed to them:
Invitees: People invited onto property for business purposes (customers, clients) are owed the highest duty of care
Licensees: Social guests are owed a lesser duty—owners must warn of known hazards but don’t have to actively inspect
Trespassers: Generally owed no duty of care, with limited exceptions for children under the “attractive nuisance” doctrine
Getting Medical Attention After a Slip and Fall Injury in Atlanta
When you are injured from a slip-and-fall or trip-and-fall accident, getting medical attention is the best thing you can do for yourself. You only have one body, so take care of it! If you’ve been hurt, you are doing the best thing for yourself in terms of healing and in terms of your legal case by seeing a doctor as soon as you can after a slip-and-fall incident occurs. Be sure to talk to a slip and fall attorney.
If you weren’t hurt, count yourself lucky. You won’t have to spend time going to medical visits or consulting with Atlanta personal injury lawyers.
What to Do If You’ve Been Hurt in a Fall in Atlanta
Keep calm. Our Atlanta slip and fall law firm has handled enough cases to be able to say with confidence that panicking does not help anyone. It can be easy to feel overwhelmed immediately following an accident. However, if you can keep a cool head you will be able to assess your injuries and the situation. Contact our Atlanta slip and fall lawyer.
Here’s what you need to do after being involved in a slip-and-fall accident:
Seek medical attention immediately – Put your health first and seek the medical treatment you need as soon as possible. If you’ve been hurt, go to your doctor or an urgent care center as soon as you can. Slip-and-fall accidents can lead to traumatic brain injuries, back injuries, and other health issues that may not be immediately noticeable. The sooner you seek care, the sooner you’ll know what has happened, and you can begin receiving the treatment you need.
Inspect the scene and take pictures – Slip-and-fall accidents often happen so suddenly that you may not see what caused you to slip until you’re already on the ground. After calling for help, take a look at the area where you fell and try to determine what caused you to slip. Is there a spill that wasn’t cleaned up? Did the property owner post inadequate warnings about potential hazards? These are all crucial questions if you’re considering a personal injury claim after a slip-and-fall accident. Take pictures and videos of the area where you fell, as these images may be crucial evidence later on.
Identify any eyewitnesses – If there was anyone nearby who may have seen you slip, their testimony may be valuable evidence when it comes to proving fault for damages. Get the names and contact info for anyone in the area who saw the accident. Too often, if these witnesses’ names aren’t written down immediately, they’re lost forever.
Write down what happened – Seeking compensation for a slip-and-fall injury can take a long time, and people’s memories fade quickly. As soon as you can, write down a narrative of what happened in your accident. Be as detailed as possible, and be sure to keep track of your pain and the impact of any injuries on your daily life.
Contact an attorney – If you’re considering filing a claim for damages after a slip-and-fall accident, you need help from a good personal injury attorney. Our accident lawyers are ready to explain your legal options, walk you through the process of filing a damages claim, and help you effectively pursue your claim.
Atlanta Attorneys Discussing Personal Injury Case
Can I File a Claim Against a Store If I Fell on Their Property?
This will depend on the circumstances surrounding the slip-and-fall. Your attorney can help go over the evidence to determine if there was any negligence involved.
If the property owner knew of the situation or was given ample time to remedy a dangerous situation and did not – and that inattention or negligence resulted in the slip and fall that caused your injuries – then you may have a case for a slip-and-fall injury claim. Talk to an Atlanta slip and fall injury lawyer.
What Do You Have to Prove in a Slip-and-Fall Claim?
If you decide to file a claim for damages after a slip-and-fall accident, you’ll need to prove negligence on the part of the owner or manager of the property where the accident happened. To prove negligence in a slip-and-fall claim you must provide evidence that:
The property owner, manager, or other responsible party owed you a duty of care.
There were dangerous conditions on the property that led to the accident and your injuries.
The property owner or manager was aware or reasonably should have been aware that there was a hazard that could cause an accident.
The property owner or manager did not take steps to either remove the hazard or provide adequate warning to anyone who visited the property.
Georgia law generally imposes a duty of “reasonable care” or “ordinary care” when someone visits a property as a customer or a tenant because that person is classified as an “invitee” under Georgia’s premises liability law. The more complicated parts of proving a claim involve demonstrating that there was some type of hazard, that the property owner or manager should have known about the hazard, and that the accident led to the injuries you’ve experienced.
Your attorney can focus on building a case that demonstrates the responsible party’s negligence and the extent of your injuries that resulted from the accident.
Compensation Available After a Slip-and-Fall Accident
If you can prove someone else was liable for your accident, you can pursue compensation for your injuries and other losses. Compensation for slip-and-fall accidents is generally broken down into two categories. View our case results to see examples of compensation we’ve recovered for injured clients.
Economic damages – These are essentially any financial losses you suffered in your accident that you can easily assign a specific dollar value to. This includes things like your medical costs (doctors’ visits, surgeries, other medical procedures or tests, physical therapy, prescription drugs, transportation to doctors’ offices), lost wages due to missed work, and out-of-pocket costs to modify your home after the accident (for example, if your mobility has been impacted and you need a wheelchair), and so on. It can include future medical costs if those can be predicted with reasonable accuracy.
Non-economic damages – These include any losses you sustained that don’t have a specific dollar amount. These damages can be harder to calculate, but they’re just as real for accident victims, and often even more important. Non-economic damages include compensation for pain and suffering and interference with normal living, for example.
A final potential category of compensation for slip-and-fall accidents is called punitive damages. These are penalties assessed by the courts in rare cases where property owners act recklessly, meaning that they consciously disregarded a known risk, or if they purposefully caused the accident for some reason.
Wrongful Death from Slip and Fall Accidents
Tragically, some slip and fall accidents result in fatal injuries, particularly among elderly victims. If you lost a loved one due to a property owner’s negligence, our Atlanta wrongful death lawyers can help your family pursue compensation and hold the responsible parties accountable.
Time Limit for Filing a Slip-and-Fall Claim in Atlanta
All personal injury claims in Georgia are subject to the state’s statute of limitations. This means that in most cases, you only have two years from the date of the accident to file a claim. If you have not filed a claim by this point, you most likely will lose your chance to pursue any compensation from the responsible party.
Two years may seem like a long time, but the sooner you speak to an attorney after an accident, the better your chance of recovering full compensation. It takes time to gather the necessary evidence to prove a slip-and-fall claim, and the legal proceedings take time. We recommend speaking to a lawyer as soon as possible after an accident if you’re considering filing any sort of claim for compensation. Learn more about Georgia’s legal deadlines in our statute of limitations guide.
Certain circumstances can affect the statute of limitations. Claims against government entities have shorter deadlines and special notice requirements. If the injured person is a minor, the deadline may be extended. Contact an attorney as soon as possible to understand the deadlines that apply to your case.
How Can an Atlanta Slip-and-Fall Attorney Help?
If you’ve never had experience with the legal system before, you may be wondering what a lawyer does and how exactly they can help you after a slip-and-fall or trip-and-fall accident. After all, if you have evidence that someone else was responsible for your injuries, it should be easy to get them to pay up, right?
Most property owners – and their insurers – will put up a strong fight against any negligence claim, even if they know they’re responsible for the injury. They don’t want to pay for your injuries, or they want to pay as little as they can get away with. If you want fair compensation, you’re going to need to go through the legal system.
A slip-and-fall accident attorney makes filing any claim for damages much easier. Lawyers have special training and knowledge about these kinds of claims, and they know what type of evidence is required to prove fault.
They can gather evidence and respond to any requests for information from the other party’s lawyers or insurance adjusters. Insurance companies will often try to get you to make a statement about your injuries, but you should be careful about giving any statement without speaking to a good lawyer first. You’ll be giving that statement to an insurance professional who has a monetary incentive to get you to say something that will harm your case or claim. Learn more about dealing with insurance companies after an accident.
Atlanta Attorney Celebrates PI Case Victory
Most importantly, a slip and fall injury attorney will seek compensation on your behalf for everything you’re entitled to after an accident. We’re here to make sure your rights are protected and pursue the compensation you need to get back on your feet.
Why Choose Butler Kahn for Your Atlanta Slip and Fall Case?
Not every law firm is the right fit for serious slip and fall cases. Many personal injury firms take on high volumes of cases and settle them quickly for less than they’re worth. At Butler Kahn, we take a different approach. Read what our clients say in our testimonials.
We Focus on Serious Injury Cases
We handle serious personal injury and wrongful death cases—not minor fender benders. We take fewer cases on purpose so we can do deeper work on each one. When you hire Butler Kahn, you get attorneys who are personally invested in your case and committed to pursuing the best possible outcome.
We Prepare Every Case for Trial
Insurance companies know which law firms will actually take a case to trial and which ones will accept a lowball settlement. We prepare every case as if it’s going to trial, which often leads to better settlement offers. When insurance companies won’t offer fair compensation, we’re ready to present your case to a jury. Learn more about our trial preparation approach.
We’ve Obtained Major Results
Our attorneys have a track record of significant verdicts and settlements in premises liability and other personal injury cases. While past results don’t guarantee future outcomes, our experience demonstrates our commitment to fighting for maximum compensation. View our case results to learn more.
We Handle All the Details
Dealing with insurance companies, medical providers, and legal procedures while recovering from an injury is overwhelming. We handle all communications with the insurance company, gather evidence, work with medical experts, and manage every aspect of your claim so you can focus on healing.
Talk to our Atlanta Slip and Fall Lawyer for Free
If you think we may be able to help you with your slip-and-fall or trip-and-fall case, please contact us by phone or online. Talking to our Atlanta slip and fall lawyer is free.
We serve all areas of Atlanta, including Brookhaven, Druid Hills, Buckhead, Chastain Park, Garden Hills, Piedmont Heights, Midtown, Downtown Atlanta, Grove Park, Inman Park, South Atlanta, East Atlanta Village, West End, and Atlantic Station.
Metro Atlanta Counties We Serve
Fulton County – Including Atlanta, Sandy Springs, Alpharetta, and Roswell
DeKalb County – Including Decatur, Dunwoody, Tucker, and Stone Mountain
Gwinnett County – Including Lawrenceville, Duluth, Suwanee, and Buford
Cobb County – Including Marietta, Smyrna, and Kennesaw
Clayton County – Including Jonesboro, Morrow, and Forest Park
Other Butler Kahn Office Locations
In addition to our Atlanta office, we have offices throughout Georgia to better serve our clients:
Frequently Asked Questions About Slip and Fall Accidents in Atlanta
Do I have a slip and fall case if I wasn’t hurt right away?
Yes, you may still have a valid claim. Many slip and fall injuries—including traumatic brain injuries, soft tissue damage, and internal injuries—don’t show symptoms immediately. It’s important to see a doctor as soon as possible after any fall, even if you feel fine. Medical documentation linking your injuries to the fall is essential for your case.
What if I was partly at fault for my slip and fall accident?
Georgia follows a modified comparative negligence rule. You can still recover compensation as long as you were less than 50% responsible for your accident. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages are $100,000, you would receive $80,000.
Should I talk to the property owner’s insurance company?
Be very cautious. Insurance adjusters work for the insurance company, not for you. Their goal is to minimize what the company pays out. You are not required to give a recorded statement, and it’s generally best to speak with an attorney before talking to the insurance company. Anything you say can be used to reduce or deny your claim. Learn more about how insurance companies work.
How much does it cost to hire a slip and fall lawyer?
Butler Kahn handles slip and fall cases on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we recover compensation for you. The initial consultation is free, so there’s no financial risk to learning about your legal options.
How long will my slip and fall case take?
Every case is different. Some cases settle within months, while others take a year or more, especially if litigation is necessary. Factors that affect the timeline include the severity of your injuries, how long your medical treatment takes, the complexity of proving liability, and whether the case goes to trial. Learn more in our guide on how long personal injury cases take.
What if I fell at a rental property?
Both landlords and tenants may have liability depending on the circumstances. Landlords are typically responsible for maintaining common areas like stairways, parking lots, and building entrances. The lease agreement and local ordinances determine specific responsibilities. An attorney can help identify all potentially liable parties.
Can I sue a city or county if I fell on public property?
Yes, but claims against government entities have special rules and shorter deadlines. Georgia’s sovereign immunity laws limit government liability, and you must typically provide notice of your claim within a specific timeframe. Contact an attorney immediately if you were injured on government property. Read more about slip and fall accidents on public property.
What evidence do I need for a slip and fall case?
Helpful evidence includes photographs of the hazard and scene, incident reports, witness contact information, your medical records, surveillance footage, maintenance records, and documentation of your damages. The more evidence you can gather—especially at the scene—the stronger your case will be. Learn about the role of surveillance footage in slip and fall cases.
What if there were no witnesses to my fall?
You can still have a valid case without eyewitnesses. Surveillance footage, photographs, incident reports, and other evidence can support your claim. Your own testimony about what happened is also evidence. An attorney can help gather the evidence needed to prove your case.
How much is my slip and fall case worth?
The value of a slip and fall case depends on many factors, including the severity of your injuries, your medical expenses, lost income, pain and suffering, and the strength of the evidence. An attorney can evaluate your case and provide an estimate, but every case is unique. View our case results for examples.
What’s the difference between a slip and fall and a trip and fall?
A slip and fall occurs when a person loses traction on a slippery surface (like a wet floor) and falls. A trip and fall happens when something catches a person’s foot and causes them to fall (like an uneven sidewalk or object in a walkway). Both are types of premises liability cases, and the same legal principles apply.
Can I file a claim if I fell in a parking lot?
Yes. Property owners are responsible for maintaining safe parking lots. Common hazards include potholes, uneven pavement, inadequate lighting, oil spills, and ice or snow accumulation. If a parking lot owner’s negligence caused your fall, you may have a valid claim.
What if the hazard was marked with a warning sign?
A warning sign doesn’t automatically eliminate a property owner’s liability. While signs can reduce a property owner’s responsibility, they must be adequate and visible. If a hazard could have been easily fixed rather than just marked, or if the sign was insufficient, the property owner may still be liable.
Do I need to go to court for a slip and fall claim?
Most slip and fall cases settle without going to trial. However, if the insurance company refuses to offer fair compensation, filing a lawsuit may be necessary. Your attorney will advise you on the best approach for your specific situation. Even if a lawsuit is filed, most cases still settle before trial.
How long do I have to file a slip and fall lawsuit in Georgia?
Under Georgia’s statute of limitations, you generally have two years from the date of your slip and fall accident to file a personal injury lawsuit. If you miss this deadline, you will almost certainly lose your right to pursue compensation. Claims against government entities have shorter deadlines and special notice requirements.
What if I fell at work?
If you were injured in a slip and fall while working, you may have a workers’ compensation claim against your employer and potentially a personal injury claim against a third party (like a property owner or contractor). Workers’ compensation provides benefits regardless of fault, but a third-party claim may allow you to recover additional damages. Our Georgia work injury lawyers can help you understand all your options.
How do weather conditions affect slip and fall cases?
Property owners have a duty to address weather-related hazards like ice, snow, and standing water within a reasonable time. However, Georgia courts recognize that property owners cannot be expected to instantly address accumulating weather hazards. The key question is whether the property owner took reasonable steps to address the hazard once conditions permitted. Learn more about how weather conditions affect slip and fall accidents.
Why is medical documentation important in a slip and fall case?
Medical documentation serves as crucial evidence linking your injuries to the fall. Records showing prompt treatment help establish that your injuries were caused by the accident rather than pre-existing conditions. Detailed medical records also help quantify your damages for compensation purposes. Read about the importance of medical documentation in slip and fall cases.
Contact Our Atlanta Office
If you’ve been injured in a slip and fall accident in Atlanta, don’t wait to get legal help. Evidence can disappear, deadlines can expire, and insurance companies will try to minimize your claim. The Atlanta personal injury lawyers at Butler Kahn are ready to review your case, explain your options, and fight for the compensation you deserve.
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