Slip and fall rates are particularly high among those over 65 years of age. About one third of those injured in a slip and fall will have permanent limitations in their daily living activities.
So what exactly is a slip and fall injury and what damages arise out of the injury? Slip and fall injuries are a category of premises liability and arise out of legal duties of the property owner owed to the general public. For example, a customer in a store slips in a puddle of water created by a leak in the roof. As a result of the fall, he has several broken bones and permanent injuries to his hand. If he is successful at proving the negligence of the property owner in failing to maintain the premises, he can then proceed to request damages.
There are three basic categories of damages: 1) economic damages; 2) noneconomic damages; and 3) punitive damages. Because punitive damages include the extra burden of proving gross negligence, we will not discuss them here.
Economic damages are the money lost due to the injury. Medical expenses and lost wages are the two most common economic damages claimed. Economic damages can be easy to prove through pay stubs, tax returns or W-2 forms. Medical bills will show the exact monetary loss for healthcare related expenses due to your injuries. However, future medical expenses and lost income will often require expert testimony or at least a report from an economist who can estimate the cost of long term care and the loss of future earnings and then place a present value on that number.
Noneconomic damages are often referred to as pain and suffering. This type of damages has no set monetary value and in Georgia is determined by the conscience of an enlightened judge or jury. Pain and suffering includes, physical and emotional or psychological pain. Often, the injured party's own testimony or that of family and friends will be the evidence relied on to award damages for pain and suffering.
Every slip and fall case is different and requires an evaluation by an attorney to determine first whether there is a case for premises liability that can be proven and second what damages you might be able to recover. If you would like an evaluation of your case with one of our experienced trial attorneys, please give us a call and we will sit down with you to discuss your case.
