Slip and Fall Lawyer in Alpharetta, GA

The question every slip and fall case turns on

Georgia does not make a property owner responsible for every fall. The question is whether the owner had superior knowledge of the hazard (O.C.G.A. § 51-3-1). Did they know, or should they have known, about the spill or the broken step when you did not?

So the case is not really about the fall. It is about time and attention:

• How long was the hazard there? Picture a spill on the floor for an hour, in an aisle staff walked past three times. That is a very different case from one that happened ten seconds before you arrived.
• Was anyone checking? Stores keep sweep logs and inspection schedules. If the last recorded check was hours earlier, that matters.
• Could you reasonably have seen it? Clear liquid on a shiny floor, a step in poor light, or a hazard hidden by a display is one thing. A puddle in plain view is another.

If you fell at work rather than as a customer, the claim is usually workers’ comp instead. Federal walking-working surface rules set out your employer’s duties.

Rain is treated differently

If you slipped on water tracked in at an entrance on a rainy day, expect a harder fight. Georgia courts generally assume everyone knows floors near doors get wet when it rains. Those claims usually need something more than the water itself — no mats, a much larger accumulation than normal, or a known drainage problem.

What to do at the scene, if you can

• Photograph the hazard before anyone cleans it up — and the area around it, including any warning sign or the lack of one.
• Report it to a manager and ask for the incident report number. Keep your account short and factual.
• Get witness names. Other customers rarely stay.
• Keep your shoes and clothes as they were.

What not to say: “I wasn’t looking” or “I’m fine.” People say both automatically, and both end up in the incident report.

Common injuries

Wrist and arm fractures from trying to break the fall. Hip fractures, especially in older adults. Knee and ankle injuries. Back injuries. Head injuries from striking the floor or a shelf are common too. Concussion symptoms often show up a day or two later, so get checked even if you feel fine. See brain injuries and back and neck injuries.

Public property has a short notice deadline

If you fell on a city sidewalk or in a public building, there is a written notice deadline. It is six months for a city, and twelve for a county or the state. See our premises liability guide for the details. Private property generally has the usual two years to file suit (O.C.G.A. § 9-3-33).

Footage is the clock

Most store camera systems overwrite in days or weeks. The single most useful thing that can happen early in a slip and fall case is a written request to preserve the footage. After that, it is the medical record — so get examined, and keep every appointment.

Related: premises liability · negligent security · dog bites

Common questions

Is a store automatically responsible if I slip and fall?

No. Georgia asks whether the owner had superior knowledge of the hazard, meaning it knew or should have known about it and you did not (O.C.G.A. § 51-3-1). How long the hazard was there and whether staff were checking usually decide that.

I slipped on rainwater near the entrance. Do I have a case?

It is harder. Georgia courts generally assume people know floors near doors get wet when it rains. These claims usually need something more, such as no mats, an unusually large amount of water or a known drainage problem.

What should I say to the store manager after a fall?

Keep it short and factual, and ask for the incident report number. Avoid "I wasn't looking" and "I'm fine," because both tend to end up in the report.

How long do stores keep security footage?

Often only days or weeks before it is overwritten. A written request to preserve it should go out as early as possible.

What if I fell on a city sidewalk?

There is a written notice deadline on top of the usual lawsuit deadline. It is six months for a city and twelve months for a county or the state. Missing it generally ends the claim.