Woman Files Slip and Fall Lawsuit Against Georgia Walmart

A Georgia woman has filed a slip-and-fall lawsuit against Walmart. According to the suit, the woman slipped and fell on a “gel-like” substance in the checkout section of the store. The plaintiff maintains that she was exercising reasonable care for her own safety when she slipped and fell. She had no knowledge of the dangerous condition when she fell on the wet floor. The plaintiff further contends that Walmart or its employees had either active or constructive knowledge of the dangerous condition or at least more knowledge than the plaintiff had. She further contends that there were no cones or signs marking the area off as wet or dangerous. As a result of the slip and fall, the plaintiff suffered bodily injury.

Georgia slip-and-fall lawsuits 

In Georgia, you have two years from the date of the injury to file a premises liability lawsuit against a property owner after you have sustained an injury. You must be able to establish that the premises owner was negligent for the claim. This means alleging that the premises owner either knew about the dangerous condition, caused the dangerous condition, or should have known about the dangerous condition prior to your accident. In other words, you must be able to prove that your injury was foreseeable to the premises owner in order to win a slip-and-fall lawsuit.

Georgia law generally divides slip-and-fall cases into two categories. Those are static defect cases and foreign object cases. A static defect is a dangerous condition on the premises that is inherently structural. This can include dangerous stairs, doorways, potholes, broken or even flooring, raised carpets or more. A foreign object case involves a foreign substance that creates a slip or trip hazard or an obstruction in an aisle. Without establishing a defect, it’s impossible to win your case.

In the aforementioned lawsuit, the plaintiff contends that Walmart had “more knowledge” of the dangerous condition than the plaintiff. This is important because Georgia courts will dismiss lawsuits filed by plaintiffs who have “equal knowledge” of a dangerous condition when compared to the property owner. If your knowledge of the hazard is equal to that of the premises operator, you likely will not have a case.

In the case mentioned above, the plaintiff contends that she had no knowledge of the “gel-like” substance that caused her to slip on the floor. She must also establish that Walmart employees had an opportunity to remedy the dangerous condition beforehand and failed to do so. Alternatively, she can establish that the dangerous condition remained on the floor for an extended period of time and no one kept up after the area.

Talk to an Atlanta, GA Slip and Fall Accident Lawyer Today 

The Atlanta personal injury attorneys at The Forsythe Law Firm, LLC represent the interests of plaintiffs in slip-and-fall lawsuits filed against negligent property owners. Call our office today to schedule a free consultation and learn more about how we can help.

Source:

law.com/dailyreportonline/2023/10/17/woman-sues-walmart-over-injuries-allegedly-sustained-in-fall/