Slip, trip and falls are the number one cause of accidental injuries in the United States. At our Atlanta injury law firm we have seen these cases cause clients terrible medical problems for 30 years. The Georgia Court of Appeals has just made an important ruling that will aid in making recoveries for victims of these accidents.
A person who falls due to a stable or "static" defect at a store or business must show that the owner had knowledge of the condition before the fall. Sometimes it can be difficult to show when a landowner knew of a crack or hole on the property.
In Landrum v. Enmark Stations Inc., decided June 20, 2011 the Court of Appeals held that a landowner with an inadequate inspection program can be found to have constructive knowledge of the condition even when there is no direct evidence that the condition was observed before the injury. The defense can not simply say "we never saw it".
There are many special rules in handling slip or trip and fall claims and knowing the rules can make the difference between success and failure. This is a positive development for victims of these common causes of serious injury claims in Georgia.