Most of us love big box stores because we can save money and time while stocking up on everything from dog food and diapers to canned green beans and Fruit Loops. However, places like Sam’s Club must be careful because of the potential for premises liability lawsuits regarding slips, trips, and falls in their stores.
In Metairie, Louisiana, a woman is suing Sam’s Club because she was injured after slipping and falling on a piece of watermelon. The woman is alleging that she was in the jewelry section at the time of the incident and the store had ample opportunity to clean up the watermelon before she fell. She is claiming damages for lost wages, medical expenses, mental anguish, physical pain, and loss of enjoyment of life. The case is still ongoing.
If you follow the news, you will see thousands of slip and fall cases being filed throughout the United States, including in Atlanta, GA, against commercial owners like Sam’s Club. Premises liability insurers and attorneys are aggressively fighting slip and fall claims because plaintiffs are winning substantial jury awards for their injuries. A slip and fall accident should not be taken lightly. Common injuries and damages associated with an Atlanta slip and fall case include:
- Brain injuries
- Spinal cord injures
- Severe contusions
- Internal bleeding and/or internal organ damage
- Fractured bones
- Severe lacerations
- Permanent scarring and disfigurement
- Permanent disability
- Physical pain and suffering
- Mental stress and anguish
- Loss of enjoyment of life
When you add up the past and future medical bills; past and future lost wages; loss of earning capacity; out-of-pocket expenses; mental anguish; physical suffering; permanent disfigurement; permanent disability; and other damages, the value of a slip and fall claim in a Sam’s Club in Atlanta, Georgia could potentially reach into the tens of thousands of dollars or even in the millions of dollars. For that reason, property owners and their attorneys will use every defense available to them to decrease the amount of money they must pay on your claim. Your best chance is to hire an experienced Atlanta slip and fall attorney immediately.
Defenses to Georgia Slip and Fall Claims
Property owners and their insurers try to use a variety of defenses to reduce their liability. One defense includes blaming the person for the accident and injury. A slip and fall case ended with a woman receiving over $880,000 in a jury award even though the defense argued that the box in the floor that was used as a doorstop had been there for a very long time and the woman saw the box on the way out. Because she knew the box was there and fell on her way out, the store argued it was not liable. The jury disagreed.
In another slip and fall case, a man fell as he was going down the steps to reach a United Postal Service mailbox. He slid on ice on the steps and suffered injuries. He sued the post office alleging that it had failed to keep the area around the mailbox clear and safe. Even though the case settled out of court, the defense could have tried to argue at trial that the property owner had no control over the weather conditions and, therefore, it could not be held liable for the damages.
Proving a Slip and Fall Claim in a Sam’s Club in Atlanta
Proving a slip and fall case in a big box store like Sam’s club or proving a slip and fall case anywhere is the same. You must prove that the store is liable for the hazardous condition that caused your fall, and that you sustained injuries and damages as a result of falling. The property owner may pose various defenses, such as blaming you for your own injuries, arguing that the store complied with a reasonable inspection procedure and did not have notice of the dangerous condition, or that sufficient warnings were in place.
An experienced Atlanta slip and fall attorney understands how to refute these defenses to prove that the property owner knew or should have known about the hazardous condition and failed to take measures to correct the situation before someone was injured. Our attorneys are highly skilled in both arguing for and against slip and fall cases giving them the advantage of being able to anticipate what the defense will do in any given situation so we can prepare a counter-attack against the defense.
Have You Been Injured in an Atlanta Slip and Fall Accident and the Owner is Trying to Blame You for the Fall?
You need an aggressive, skilled, and experienced Atlanta slip and fall attorney to fight the property owner and its insurance company to ensure you receive a fair and just settlement for your injuries. We will not stop fighting until we exhaust every avenue to ensure you receive the maximum compensation allowable by Georgia slip and fall laws.
Contact the personal injury attorneys of Brogdon Champion, LLC by calling 404-596-8044 for more information about premises liability and your right to receive compensation.