We help those injured due to dangerous property conditions.  Serving clients throughout Boston, Atlanta and the surrounding communities.

As an experienced slip and fall attorney, we help those who have been injured by dangerous conditions or hazards on someone else’s property. If a property owner’s negligence has caused injuries to you or a loved one, we can help you assert your legal rights and seek full compensation through a premises liability case.

Our firm is known for providing personal, dedicated service, helping victims secure monetary damages to which they are legally entitled. With offices in both Boston and Atlanta, we are available to meet with clients throughout these areas. We are aggressive and tenacious in seeking to recover every penny to which our clients are entitled, and we have successfully recovered damages for countless clients.

Call Lionhart Injury Law today to schedule a free consultation with an experienced trip and fall attorney.

Seeking Compensation for a Slip and Fall or Trip and Fall Claim

Premises liability lawsuits typically involve unsafe or defective conditions on someone’s property. Generally, property owners have a duty to maintain their premises for visitors and guests. Like other negligence claims, the four elements of duty, breach, causation, and damages must be demonstrated.

What Must Be Proven in a Premises Liability Case?

A plaintiff bringing a premises liability claim must first show that he or she was lawfully on the property. Trespassers are not owed the same standard of care as those who are legally on the premises.

Next, the property owner or business proprietor must know, or should know, of an unsafe condition on the property. The owner must have failed to repair or remedy the unsafe condition, or have failed to provide an adequate warning of the danger. Finally, the unsafe condition must have caused injury.

Examples of Dangerous Conditions

Dangerous conditions on a property might include uneven pavement in front of a business, or unsecured objects against a wall. Some businesses have insufficient lighting, causing customers to trip and fall. Stairs in need of repair may also pose hazards to visitors at a home or business.

Comparative Fault in Massachusetts and Georgia

Plaintiffs who are aware of dangerous conditions and injure themselves on someone’s property may be partially barred from recovery. Both Massachusetts and Georgia follow the comparative fault doctrine, which reduces the amount of recovery in proportion to fault. For example, if the plaintiff was 40% responsible for their injuries, their recovery would be reduced by this percentage.

What Is The Statute of Limitations for Slip and Fall Lawsuits in Massachusetts and Georgia?

Slip and fall claims must be brought within the statute of limitations, a time period for filing a lawsuit. In Massachusetts, this is a three-year period beginning with the date of the accident.[1] In Georgia, the statute of limitations is two years.[2] Courts will typically dismiss lawsuits filed past the statute of limitations.

An experienced slip and fall liability lawyer can monitor these critical deadlines to ensure compliance. Our meticulous approach ensures that all necessary legal actions are taken within the appropriate time frame, protecting your right to seek compensation. Further, our attention to detail and thorough understanding of premises liability law in both Massachusetts and Georgia enables us to provide effective and timely legal representation.

What Types of Compensation May Be Recovered in a Trip and Fall Case?

Plaintiffs may be able to recover both economic and non-economic damages in a personal injury lawsuit based on a slip and fall claim. For example, they may seek compensation for hospital and medical bills, physical therapy costs, lost wages from work, loss of earning capacity, property damage, mental anguish, pain and suffering, and loss of capacity for the enjoyment of life, among other damages.

You will benefit with an experienced premises liability attorney if you’ve been injured in a slip or trip and fall case.  With years of experience, we will tenaciously pursue the maximum compensation possible from all at-fault parties.

How Common Are Slip and Fall Injuries?

Fall injuries can be serious, particularly among the older population. Businesses and other property owners have a duty to provide safe passage for customers and invited guests. When someone is seriously injured in a fall caused by unsafe conditions, a business or property owner can and should be held responsible.

Falls Among Older Adults

• More than 30 older adults are killed in falls each day.
• In a recent year, older Americans experienced 29 million falls that caused seven million injuries and cost $31 billion in Medicare costs.
• More than 1.8 million older adults are treated for fall injuries in emergency rooms each year.

Common Injuries in Falls

At Lionhart Injury Law, we are available to represent clients injured in large retail outlets and superstores, as well as local restaurants, malls, and other venues where an unsafe condition has led to the serious injury of a customer, client, visitor, or guest. Injuries commonly sustained in a fall include head trauma, hip and joint fractures, broken bones, spinal cord injuries, and traumatic brain injuries, according to the Centers for Disease Control and Prevention.

What Are Common Factors Leading to Slips and Falls?

Slips and falls are commonly the result of:

• Wet or slippery floors
• Cracked or uneven sidewalks or parking lots
• Dark parking lots or stairwells
• Loose or faulty handrails in stairwells or movie theaters
• Merchandise obstructing an aisle
• Bunched rugs or carpeting
• Obstructed walkways or parking lots
• Snow and ice conditions.

Fall injuries can also lead to problems, particularly in older adults, that limit mobility, independence, and physical fitness, and which can actually increase the chances of another fall injury.

If you or a loved one has been injured in a fall, please contact my office to find out about whether you may have a case for negligence arising out of a slip and fall against a property owner. We offer a free consultation so that you can learn about Lionhart Injury Law. There are never any fees associated with representing you unless we are successful in obtaining a financial recovery.

Call Now To Schedule A Free Consultation With An Experienced Slip and Fall Attorney and Trip and Fall Attorney

Call (855) 343-0997 for a free, no-obligation consultation.  We represent injured clients on a contingency fee basis, meaning that there are no fees for us unless we recover for you!

FAQs for Lionhart Injury Law: Premises Liability and Slip and Fall Cases

What is premises liability?

Premises liability refers to the legal responsibility of property owners and lessees to ensure their premises are safe for visitors. If someone is injured due to unsafe conditions, the property owner and/or lessee can be held liable. Common scenarios include slip and fall accidents, inadequate maintenance, or lack of security. For a successful claim, it must be proven that the owner and/or lessee knew or should have known about the hazardous condition and failed to correct it or warn visitors.

What types of accidents fall under premises liability?

Premises liability covers various types of accidents caused by unsafe conditions. Common examples include slip and fall accidents due to wet floors, trip and fall incidents caused by uneven surfaces or obstacles, falling objects, poor lighting leading to falls, injuries due to inadequate security measures, and sometimes falls due to snow or ice. Each type of accident requires specific evidence to demonstrate the property owner’s negligence.

How do I prove a premises liability case?

To prove a premises liability case, you need to establish four key elements:

• Duty of Care: Show that you were lawfully on the property and that the owner or lessee owed you a duty of care.
• Breach of Duty: Prove that the property owner or lessee knew or should have known about the dangerous condition and failed to fix it or warn you.
• Causation: Demonstrate that the breach of duty directly caused your injury.
• Damages: Provide evidence of the injuries and losses you sustained, such as medical bills, lost wages, and pain and suffering.

What compensation can an injury victim receive in a trip and fall accident?

Victims of trip and fall or other premises liability accidents may receive various types of compensation, including:

• Medical Expenses: These cover hospital bills, doctor visits, medications, and rehabilitation costs.
• Lost Wages: Compensation for income lost due to the inability to work during recovery.
• Pain and Suffering: Non-economic damages for physical pain and emotional distress.
• Loss of Earning Capacity: If the injury affects your ability to earn in the future.
• Property Damage: Costs for repairing or replacing personal property damaged in the accident.
• Loss of Enjoyment of Life: Compensation for the impact of the injury on your quality of life.

What is the statute of limitations for slip and fall lawsuits in Massachusetts and Georgia?

The statute of limitations for slip and fall claims varies by state:

• Massachusetts: You typically have three years from the date of the accident to file a lawsuit.
• Georgia: You generally have two years from the date of the accident to file a lawsuit. It is crucial to file within these time frames, as courts typically will not hear cases filed after the statute of limitations has expired.

An experienced premises liability attorney can help ensure all deadlines are met.

Can I still recover damages if I was partially at fault for my injury?

Yes, you can still recover damages even if you were partially at fault for your injury. Both Georgia and Massachusetts follow the comparative fault doctrine:

• Georgia: You can recover damages as long as you are less than 50% at fault. Your compensation will be reduced by your percentage of fault.
• Massachusetts: You can recover damages as long as your fault is not greater than the defendant’s. Your compensation will be reduced by your degree of fault.

An experienced attorney can help navigate these laws and work to minimize your assigned fault to maximize your recovery.

What should I do after a slip and fall accident?

After a slip and fall accident, take the following steps to protect your rights:

• Seek Medical Attention: Prioritize your health and document your injuries.
• Report the Incident: If possible, inform the property owner or manager and ensure an incident report is filed.
• Document the Scene: Take photos of the hazardous condition and gather contact information from witnesses.
• Preserve Evidence: Keep the shoes and clothing you were wearing, as they may be relevant to your case.
• Consult an Attorney: Contact a slip and fall injury attorney to discuss your legal options and ensure your rights are protected.

Why choose Lionhart Injury Law for my slip and fall case?

Choosing Lionhart Injury Law means partnering with a dedicated and experienced personal injury attorney. Attorney Robert Hartigan has years of experience handling injury cases. His meticulous approach ensures thorough investigation, strong evidence collection, and effective representation. Further, the firm represents clients on a contingency fee basis, meaning you pay nothing unless we recover compensation for you, and we advance all litigation costs while a case is ongoing.

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[1] General Law – Part III, Title V, Chapter 260, Section 2A (malegislature.gov)

[2] Georgia Code § 9-3-33 (2022)