Slip and fall case shows potential litigation challenges
If a person incident on business premises of another person suffering from severe injury or wrongful death in a slip and fall, most families accept that they enforce process for the death of their beloved. However, slip and fall legal or factual obstacles may face to accident victims. There are a number of factors, the impact on the likely result in a slip and fall accident and can make it more difficult to reign in a settlement or process. A recent example is set Klairmont v. Gainsboro restaurant Inc., a case in the Northeastern University student had a fatal crash on the steps of Boston bar.
Unfortunately, there were no witnesses, and the student, Samuel Freeman, was intoxicated at the time of the accident. Although the student was killed tragically, the lack of evidence was loss in court to his estate. If you are severely injured in a Georgia slip and fall accident or your favourite wrongful death is, are your loss eligible for compensation. The experienced Georgia slip and fall attorneys in Montlick and Associates, were aggressive best interests follow the Georgia injury victims for more than 27 years. We work hard for our customers in our ongoing objective to the top personal injury law firm in Georgia.
Georgia law requires certain facts are established, in a slip enforce and fall case. The person your injuries cause must have owed you a duty, that duty injured and it causes injury. The key is that the victim must establish, that the injury of the other person resulted behaviour. Georgia's comparative negligence law provides that your own negligence or carelessness contributed to your injury, receive the compensation will be reduced in relation to your debt. If you were less than 50 percent debt for your injury, you can demand still reduced compensation, but if they were made more than 50 percent error, you get nothing.
In a case such as Samuel Freeman blamed his drinking before the accident it to some extent for the accident. Freeman argues, that he by a curtain leads the stairs to a service area of the bar vinyl. The Defense noted that Freeman had been sober, he probably would have seen that there was nothing behind the curtain and would not have tried, lean against it. Freeman's own negligence on his drinking and lack of awareness of its surroundings rather negligent had it after Georgia right. All Georgia inhabitants have to be aware, that they should exercise reasonable judgement in avoiding dangerous situations.
Another common challenge in Georgia slip and fall cases is a lack of evidence with regard to the accident. It is very easy to claim that someone else caused an injury negligence, but it may be hard to prove. The lawyers for Freeman's estate claimed that he downstairs, fell when he tried to reject vinyl curtain at the top of the stairs. Forensics experts for the defense argued that Freeman had was the stairs ascending from Keller when he he was trespassing and cut which would have meant duty of care to Freeman fell. However, pub employees testified that patrons were routinely allowed close to the stairs. Although this is an indication that Freeman can have no domicile, it raises the question why others were not like the stairs before Freeman's accident. It is easy to prove that a violation has occurred in an accident slip and fall, but absent witnesses or visual documentation to determine how or why it came can be difficult.
Despite the evidence of an accident and a plausible theory that it was the pub for negligence that caused it, Freeman's estate lost the infringement complaint. You however win at the request of a consumer, the only rarely in the most applicable slip and fall cases. Not every personal injury case must clear proof that damage is potentially only responsible party. While serious case caused his death Samuel Freeman, his case was not strong because of the lack of witnesses and his own negligence (i.e. noise). Evidence of the injury alone is not enough to assert in a Georgia slip and fall, or damage will receive a full measure.
Our experienced Georgia slip and fall lawyers are carefully examine your accident for physical evidence and witness testimony. We use the evidence we discover to develop the best strategy for your slip and fall claims. We will evaluate problems also comparative negligence. Our aim is to develop of an effective strategy in your slip and fall case so that we can get the best possible result on your behalf. Montlick and Associates is available to customers in all Georgia and in the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all the smaller towns and rural areas in the State. No matter where you are our lawyers are only a phone call away, and we come to you. Call the week us 24 hours a day/7 days for your free consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us at www.montlick.com and use our free case evaluation form or 24-hour live online chat.
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