Premises Liability

Atlanta Premises Liability Accident Attorneys

Atlanta is a massive metropolitan city with millions of residents and visitors navigating busy streets, shopping centers, apartment complexes, office buildings, entertainment venues, and public spaces every day. While the city continues to expand, so does the risk of premises liability accidents. In a city filled with high-rise buildings, busy retail stores, hotels, restaurants, and public transit stations, hazardous conditions can arise anywhere—from wet floors and broken staircases to poor lighting and negligent security.

In a city as large and fast-paced as Atlanta, premises liability cases are increasingly common, and property owners must be held accountable when they fail to keep their premises safe.

At Karell Trial Attorneys, we fight to hold negligent property owners accountable. Whether you were injured due to a slip and fall, inadequate security, a structural hazard, or another dangerous condition, our firm is here to fight for your rights. We understand that insurance companies and businesses aggressively defend against premises liability claims, often trying to shift blame onto the victim or downplay the severity of injuries. Our legal team conducts thorough investigations, gathers strong evidence, and builds compelling cases to ensure you receive the full compensation you deserve.

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How Hiring Karell Trial Lawyers Can Make the Difference in Your Slip-and-Fall Accident Claim

Slip-and-fall accidents may seem straightforward, but winning a premises liability case requires strong legal advocacy. Property owners and their insurance companies aggressively defend against slip-and-fall claims, arguing that the victim was at fault, the hazard was minor, or they had no prior knowledge of the dangerous condition. Without experienced legal representation, you may find yourself facing delayed claims, unfair settlement offers, or outright denials.

At Karell Trial Attorneys, we understand the complexities of slip-and-fall accident claims and have a proven track record of securing maximum compensation for our clients. Whether your accident happened in a grocery store, restaurant, apartment complex, shopping mall, hotel, or office building, our legal team has the resources and expertise to fight back against negligent property owners. We take a strategic and aggressive approach, handling every aspect of your case to ensure your rights are protected and you receive the compensation you deserve.

Detailed Investigations into the Accident

A strong premises liability case requires solid evidence of negligence, and at Karell Trial Attorneys, we conduct comprehensive investigations to prove property owner liability. Property owners and their insurers often deny responsibility, claiming they were unaware of hazardous conditions or arguing that the victim was at fault. Our legal team moves quickly to collect and preserve critical evidence before it can be altered or destroyed.

One of the most compelling forms of evidence in premises liability cases is surveillance footage. Security cameras in grocery stores, apartment complexes, shopping malls, hotels, and office buildings often capture slip-and-fall accidents, unsafe conditions, and negligent security issues. However, businesses are not required to retain footage indefinitely, making it critical to obtain video evidence immediately. 

We also interview eyewitnesses, review maintenance and inspection records, and consult safety experts to demonstrate that the property owner failed to uphold their legal duty of care. By gathering medical reports, incident records, and accident reconstruction analysis, we counter insurance company tactics designed to minimize or deny your claim.

At Karell Trial Attorneys, we know that insurance companies will aggressively fight premises liability claims, often blaming the victim or downplaying injuries. Our meticulous investigations leave no room for doubt, ensuring that negligent property owners are held accountable. If you or a loved one has suffered an injury due to a slip-and-fall or unsafe property conditions, contact us today for a free consultation—we will fight to secure the full compensation you deserve.

Tailoring your Case to You and Your Injuries

At Karell Trial Attorneys, we recognize that every premises liability case is unique, and the impact of an injury varies from minor setbacks to lifelong disabilities. While some victims recover within weeks, others face permanent impairment, chronic pain, or emotional trauma. That’s why we take a personalized approach to your claim, ensuring that the full scope of your injuries and losses is properly accounted for in your case.

Assessing the Full Extent of Your Injuries

We work closely with medical professionals and rehabilitation specialists to determine:

  • The severity of your injuries and how they affect mobility, independence, and daily activities.
  • Necessary long-term care, including physical therapy, surgery, or home modifications.
  • Projected medical expenses, ensuring that your claim covers future healthcare needs.

Calculating Financial Losses & Impact on Employment

For many victims, a premises liability accident disrupts their ability to work, leading to lost wages and financial instability. We assess:

  • Current and future lost income, especially if your injuries prevent you from returning to your job.
  • Reduced earning capacity, if you are forced to switch careers or take a lower-paying position.
  • Disability-related costs, including assistive devices and specialized treatments.

Recognizing the Emotional and Psychological Toll

Injuries don’t just cause physical pain—they also lead to emotional distress and a diminished quality of life. We pursue compensation for:

  • Pain and suffering, accounting for chronic discomfort, nerve damage, or long-term mobility issues.
  • Emotional distress, including anxiety, PTSD, or depression resulting from the accident.
  • Loss of enjoyment of life, if your injuries prevent you from engaging in hobbies or activities you once loved.

By tailoring your legal strategy to your specific circumstances, we ensure that your case fully reflects the true cost of your injuries—not just immediate medical bills, but also long-term physical, financial, and emotional consequences. At Karell Trial Attorneys, we fight for the maximum compensation you deserve, allowing you to focus on your recovery and future well-being.

Proven Track Record of Success

Premises liability cases require aggressive legal representation because businesses, landlords, and insurance companies fight back hard. At Karell Trial Attorneys, we have a proven track record of securing significant settlements and verdicts for clients injured in slip-and-falls, negligent security incidents, and hazardous property conditions. Our firm is relentless in negotiations and is fully prepared to take cases to trial if necessary. We do not settle for anything less than full and fair compensation for our clients.

Bilingual Law Firm

At Karell Trial Attorneys, we are proud to be a bilingual law firm serving both English and Spanish-speaking clients. Understanding the legal system can be overwhelming, and language barriers should never stand in the way of justice. Our team ensures that Spanish-speaking clients receive the same high-quality representation, with clear communication about their rights, legal options, and case progress.

24/7 Support – Free Consultations

We understand that injuries disrupt lives instantly, and legal assistance should be available when you need it most. That’s why we offer 24/7 legal support and free consultations. Whether your accident happened late at night, on the weekend, or during a holiday, our team is available to provide immediate legal guidance.

If you’ve been injured due to unsafe property conditions, don’t wait to seek legal help. Contact us today for a free case evaluation and let us handle the legal battle while you focus on healing and recovery.

What is a Premises Liability Accident?

A premises liability accident occurs when a property owner, business, or landlord fails to maintain a safe environment, leading to injuries. These accidents can happen in both public and private spaces, including retail stores, apartment complexes, hotels, parking lots, office buildings, restaurants, and construction sites. When hazardous conditions are left unaddressed or ignored, innocent visitors, customers, or tenants can suffer serious injuries—sometimes with long-term medical consequences.

Under Georgia law, property owners have a legal duty to ensure that their premises are reasonably safe for guests, customers, and tenants. If they fail to inspect, repair, or warn about dangerous conditions, they may be held liable for injuries resulting from their negligence. Victims of premises liability accidents may be entitled to compensation for medical expenses, lost wages, rehabilitation costs, pain and suffering, and other damages.

High-Risk Areas for Premises Liability Accidents in Atlanta

As one of the busiest cities in the Southeastern United States, Atlanta is home to thousands of businesses, tourist attractions, and residential properties. While accidents can happen anywhere, certain locations in Atlanta present a higher risk of premises liability injuries due to heavy foot traffic, poorly maintained properties, and lack of security measures.

Shopping Centers and Grocery Stores

Major shopping districts like Lenox Square, Ponce City Market, and Atlantic Station attract thousands of shoppers daily. With crowded walkways, slick floors, and cluttered aisles, slip-and-fall accidents are common. Grocery stores such as Publix, Kroger, and Walmart frequently have spilled liquids, broken shelves, or unattended hazards, all of which can cause serious injuries.

Apartment Complexes and Rental Properties

Atlanta has a booming rental market, with thousands of apartment complexes and condominiums throughout the city. Landlords and property management companies are responsible for maintaining common areas, staircases, elevators, and security systems. When they fail to address broken handrails, defective locks, or unsafe walkways, residents and visitors can suffer dangerous falls, assaults, or other preventable injuries.

Hotels, Bars, and Nightlife Venues

Atlanta’s vibrant nightlife scene, including areas like Midtown, Buckhead, and Edgewood Avenue, brings large crowds to bars, clubs, and restaurants. Unfortunately, poor lighting, spilled drinks, unsafe exits, and negligent security can turn a fun night out into a severe premises liability incident. Bar fights, assaults in poorly monitored parking lots, or injuries due to overcrowding are common risks in these establishments.

small apartment complex in Atlanta, GA

Office Buildings and Parking Garages

Downtown Atlanta is filled with corporate offices, government buildings, and high-rise complexes where employees and visitors frequently navigate stairwells, elevators, and parking garages. When wet floors, broken elevators, or inadequate security are present, serious injuries can occur. Parking garages, especially in high-crime areas, are often the site of negligent security claims, where property owners fail to implement proper lighting, surveillance, or security patrols.

Public Spaces and Tourist Attractions

Atlanta’s public parks, museums, and stadiums bring thousands of visitors every year. Places like Piedmont Park, the Georgia Aquarium, Mercedes-Benz Stadium, and the Atlanta Botanical Garden must be well-maintained to prevent hazards such as uneven sidewalks, falling objects, or defective handrails. If government entities fail to uphold safety standards, injured victims may be able to pursue compensation through a premises liability claim against a municipality.

Parking Lots and Parking Garages

Uneven pavement, poorly marked pedestrian crossings, broken curbs, and inadequate lighting can create dangerous conditions for both pedestrians and drivers. Negligent security in parking garages can also lead to assaults or attacks, making the property owner responsible for damages suffered by the victim.

Workplaces and Construction Sites

Employers and contractors have a duty to maintain safe work environments. Hazards such as falling objects, exposed electrical wiring, or unsafe scaffolding can cause life-altering injuries, leading to workers' compensation claims or third-party liability lawsuits.

Types of Premises Liability Accidents

Premises liability accidents can happen anywhere that property owners, landlords, or businesses fail to maintain safe conditions. These incidents often result in severe injuries, including broken bones, traumatic brain injuries, spinal cord damage, and permanent disabilities. Regardless of where they occur, each case requires a thorough legal approach to prove that the property owner was negligent and failed to prevent a foreseeable hazard. Below are some of the most common types of premises liability accidents and how they occur.

Slip-and-Fall Accidents

Slip-and-fall accidents are among the most frequent premises liability claims, often occurring in grocery stores, malls, restaurants, office buildings, and apartment complexes. These accidents happen when property owners fail to address hazardous walking surfaces, creating dangerous conditions such as:

  • Spilled liquids that are not cleaned up in a timely manner.
  • Recently mopped or waxed floors without proper warning signs.
  • Rainwater or ice accumulation near entrances or exits.
  • Uneven pavement, cracked sidewalks, or missing tiles in high-traffic areas.

Slip-and-fall accidents can cause serious injuries, including hip fractures, concussions, and spinal cord damage, especially for elderly individuals and young children.

trip and fall accident at work

Trip-and-Fall Accidents

A trip-and-fall accident is similar to a slip-and-fall but occurs when a person trips over an obstruction, uneven surface, or a poorly maintained walkway. These accidents often happen due to:

  • Loose carpeting or rugs in commercial buildings.
  • Sidewalk cracks or potholes in parking lots and public walkways.
  • Electrical cords, clutter, or debris left in store aisles or office spaces.
  • Poor lighting in stairwells, hallways, or parking lots, making hazards difficult to see.

Trip-and-fall injuries can be just as severe as slip-and-falls, leading to fractured wrists, knee injuries, and head trauma. Property owners are required to keep walking areas clear and well-lit to prevent these avoidable accidents.

Negligent Security Incidents

Premises liability law extends beyond physical hazards—property owners must also provide reasonable security measures to protect visitors and tenants from assaults, robberies, and other violent crimes. If landlords, businesses, or event venues fail to provide adequate security, they can be held liable for injuries caused by criminal activity on their property.

Negligent security claims often involve:

  • Apartment complexes with broken locks, missing security cameras, or inadequate lighting.
  • Parking garages or lots without proper surveillance or security personnel.
  • Hotels, nightclubs, or shopping centers where past incidents of violence were ignored.

Victims of assaults, robberies, or sexual assaults in these locations may be able to hold the property owner accountable for failing to provide a reasonably safe environment.

Swimming Pool Accidents

Swimming pools pose serious risks when owners fail to enforce proper safety measures. Accidents can happen in apartment complexes, hotels, private residences, and public pools, often resulting in drownings or severe slip-and-fall injuries.

Common causes of swimming pool premises liability cases include:

  • Lack of proper fencing or locked gates, leading to unauthorized access.
  • Defective or missing pool drain covers, creating suction hazards.
  • Poorly maintained pool decks, leading to slips and falls.
  • Failure to provide lifeguards or enforce safety rules in public pools.

Drowning accidents are especially tragic, and property owners must follow strict safety regulations to prevent these incidents. If they fail to do so, they can be held liable for wrongful death or serious injury claims.

Falling Objects & Structural Hazards

Falling objects and unstable structures create serious premises liability risks, particularly in retail stores, warehouses, and construction sites. These accidents occur when:

  • Store merchandise is improperly stacked on high shelves, causing products to fall onto customers.
  • Ceilings, balconies, or staircases collapse due to poor maintenance or structural defects.
  • Tree branches, awnings, or signage fall, causing injuries to pedestrians or shoppers.

Falling object injuries can result in head trauma, neck injuries, and broken bones, making property owners and store managers responsible for ensuring that shelves, structures, and signs are properly maintained and secured.

How Karell Trial Attorneys Can Help

Proving negligence in a premises liability case requires a detailed investigation and a strong legal strategy. At Karell Trial Attorneys, we work diligently to:

  • Gather evidence, including surveillance footage, maintenance records, and eyewitness statements.
  • Consult with safety experts to demonstrate how the property owner failed to prevent the hazard.
  • Negotiate with insurance companies to secure the maximum compensation for your injuries.
  • Take your case to trial if necessary to fight for justice on your behalf.

If you or a loved one suffered injuries due to unsafe property conditions, you deserve experienced legal representation. Call Karell Trial Attorneys today for a free consultation, and let us fight to hold negligent property owners accountable for the harm they caused.

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Atlanta’s crowded roads and highways pose significant risks for motorcyclists, as they are especially vulnerable in the midst of heavy traffic. The small size and lack of protective barriers on motorcycles make accidents involving them particularly dangerous, often leading to severe or even fatal injuries. Contributing factors such as distracted motorists, poor road conditions, and drivers failing to notice motorcycles make these incidents alarmingly common. Victims of motorcycle crashes frequently face extensive physical recovery, emotional hardship, and steep medical expenses. With these dangers in mind, both motorcyclists and drivers must remain vigilant to reduce the likelihood of devastating accidents on Atlanta’s roads.

Types of Compensation You Can Get out of a Premises Liability Claim

When a property owner’s negligence leads to an injury, victims may be entitled to financial compensation for both economic and non-economic damages. Premises liability accidents can cause severe physical, financial, and emotional hardships, and compensation is designed to help victims recover from their injuries and regain stability. At Karell Trial Attorneys, we fight to ensure that you receive the full amount you are entitled to, not just what insurance companies are willing to offer.

Medical Expenses

One of the most immediate concerns after a premises liability accident is medical expenses. Depending on the severity of the injuries, victims may require:

  • Emergency room care and ambulance transportation.
  • Hospital stays, surgeries, and follow-up procedures.
  • Rehabilitation and physical therapy to restore mobility and function.
  • Prescription medications and ongoing medical treatments.
  • Medical equipment, such as wheelchairs, braces, or prosthetics.

For severe or long-term injuries, victims may need lifelong medical care, including home health services and additional surgeries. Compensation for medical expenses ensures that victims are not burdened with crushing medical debt due to an accident caused by someone else’s negligence.

Lost Wages and Reduced Earning Capacity

Many premises liability accidents leave victims unable to work for an extended period. Compensation for lost wages helps recover income lost due to:

  • Time spent in the hospital or recovering from injuries.
  • Ongoing medical treatments and rehabilitation appointments.
  • Temporary or permanent disability that prevents returning to work.

In cases where injuries prevent victims from ever returning to their previous job, compensation can also cover:

  • Reduced earning potential if victims can only work in a lower-paying position.
  • Future lost wages if the injuries result in long-term or permanent disability.

For individuals with high-demand careers, such as construction workers or manual laborers, an injury may mean a lifetime of reduced income, making this compensation essential for financial stability.

Pain and Suffering

Premises liability accidents can cause long-term pain, emotional trauma, and psychological distress. While medical expenses and lost wages cover tangible losses, pain and suffering damages address the intangible impact of the injury, including:

  • Chronic pain and ongoing physical discomfort.
  • Loss of enjoyment of life if injuries prevent victims from participating in hobbies or daily activities.
  • Emotional distress, including anxiety, depression, and PTSD.
  • Mental anguish and trauma from a life-altering injury.

The severity and permanence of the injury are key factors in determining pain and suffering compensation. Victims who experience long-term suffering, permanent scarring, or a drastic change in lifestyle may receive higher settlements to account for the full emotional toll of their injuries.

Permanent Disability or Disfigurement

For some victims, a premises liability accident leads to permanent physical disabilities or disfigurement, significantly altering their lives. These injuries may include:

  • Spinal cord injuries resulting in paralysis.
  • Severe burns or facial disfigurement from chemical exposure or fires.
  • Traumatic brain injuries that cause cognitive impairment.
  • Limb amputations or permanent loss of function.

When an injury prevents a victim from living independently, working, or engaging in daily activities, they may be entitled to compensation for:

  • Home modifications (wheelchair ramps, stair lifts, or adaptive equipment).
  • Ongoing personal care and assisted living services.
  • Loss of independence and diminished quality of life.

Permanent injuries require substantial compensation, as they affect a victim’s physical, emotional, and financial well-being for the rest of their lives.

Wrongful Death Damages

Tragically, some premises liability accidents result in fatalities. When a loved one loses their life due to a property owner’s negligence, surviving family members may pursue a wrongful death claim to seek compensation for:

  • Funeral and burial expenses.
  • Medical bills incurred before death.
  • Loss of financial support, if the deceased was the primary income earner.
  • Loss of companionship, guidance, and emotional support.

No amount of money can replace a loved one, but wrongful death compensation can help families find financial stability and hold negligent property owners accountable for their failure to maintain safe conditions.

Common Injuries Seen in Premises Liability Cases

Premises liability accidents can lead to serious, life-altering injuries that require extensive medical treatment, rehabilitation, and long-term care. The severity of injuries depends on the type of hazard involved, such as slippery floors, falling objects, inadequate security, or structural hazards. At Karell Trial Attorneys, we understand that these injuries often cause significant physical, emotional, and financial burdens, which is why we fight to ensure victims receive full compensation for their damages.

Below are some of the most common injuries sustained in premises liability accidents and how they impact victims’ lives.

Fractures and Broken Bones

Slip-and-fall and trip-and-fall accidents frequently result in fractured or broken bones, especially in older adults and individuals with pre-existing conditions. When a person falls unexpectedly, they often instinctively extend their hands to break the fall, leading to:

  • Wrist and hand fractures, which can limit mobility and grip strength.
  • Hip fractures, which are particularly dangerous for elderly victims and may require surgery.
  • Ankle and leg fractures, making it difficult to walk or bear weight.
  • Rib fractures, which can cause internal injuries and difficulty breathing.

Broken bones can take weeks or months to heal and may require physical therapy or even surgical intervention. In severe cases, victims may suffer long-term mobility issues or chronic pain as a result of the injury.

Spinal Cord Injuries and Paralysis

Falls from stairs, balconies, uneven surfaces, or poorly maintained walkways can lead to spinal cord injuries, which may cause:

  • Herniated or slipped discs, leading to chronic back pain and limited movement.
  • Nerve damage, which can result in numbness, tingling, or weakness in the limbs.
  • Partial or complete paralysis, if the spinal cord is severely damaged.

Spinal cord injuries are among the most catastrophic consequences of premises liability accidents, often requiring lifelong medical care, assistive devices, and extensive rehabilitation. Victims may face permanent disability, loss of independence, and a diminished quality of life.

Traumatic Brain Injuries (TBI)

A traumatic brain injury (TBI) occurs when a victim suffers a severe blow or jolt to the head, which can happen due to:

  • Slip-and-falls or trip-and-falls, where the head hits the ground or a hard surface.
  • Falling objects, such as unsecured merchandise, ceiling collapses, or construction debris.
  • Assaults and negligent security incidents, where victims suffer blows to the head during an attack.

TBIs can have long-term effects, including:

  • Memory loss and cognitive impairment.
  • Difficulty concentrating or processing information.
  • Dizziness, headaches, and vision problems.
  • Personality changes, mood swings, and depression.

Severe TBIs may result in permanent brain damage, coma, or death, making them one of the most serious injuries in premises liability cases.

man being taken to hospital after dog bite incident

Lacerations and Soft Tissue Damage

Victims of premises liability accidents may suffer deep cuts, bruising, and soft tissue damage, often caused by:

  • Sharp objects on the premises, such as broken glass, exposed nails, or jagged metal.
  • Dog bites or animal attacks, resulting in deep lacerations, nerve damage, and infections.
  • Defective structures, such as collapsing ceilings, falling fixtures, or unsecured fencing.

These injuries can lead to:

  • Permanent scarring or disfigurement, requiring reconstructive surgery.
  • Soft tissue injuries, including sprains, torn ligaments, and muscle damage, which may take months to heal.
  • Infections or complications, if wounds are not properly treated.

While some lacerations and soft tissue injuries may heal with time, others cause long-term pain, mobility limitations, or nerve damage, significantly impacting a victim’s daily life.

Long-Term Consequences of Premises Liability Injuries

Many victims of premises liability accidents experience lasting effects beyond the initial injury. These may include:

  • Chronic pain and mobility issues that make daily tasks difficult.
  • Inability to work or perform job duties, leading to financial instability.
  • Emotional trauma, including anxiety, depression, and PTSD.
  • Dependence on ongoing medical care, physical therapy, or assistive devices.

Because these injuries can affect every aspect of a victim’s life, it’s critical to seek legal representation to secure full compensation for medical expenses, lost wages, pain and suffering, and long-term care needs.

Protecting Your Rights After a Slip and Fall Accident

If you have suffered a slip and fall accident due to unsafe property conditions, taking the right steps immediately after the incident is critical to protecting your legal rights and strengthening your premises liability claim. Property owners and insurance companies often try to shift blame onto the victim, arguing that the hazard was obvious or avoidable. Without proper documentation, you may struggle to prove negligence, making it harder to recover compensation for your medical expenses, lost wages, and pain and suffering.

At Karell Trial Attorneys, we help injured victims take the right actions after an accident to preserve evidence and build a strong claim. Below are the key steps to take immediately after a slip and fall accident to protect your rights.

insurance documentation after accident

Report the Accident Immediately to the Property Owner or Manager

The first step after a slip and fall accident is to report the incident to the property owner, manager, or supervisor. Whether the accident happened in a grocery store, restaurant, shopping mall, hotel, apartment complex, or workplace, notifying the responsible party creates an official record of the incident.

When reporting the accident:

  • Ask for an incident report – Many businesses have official accident reporting procedures that require filling out a report. Request a copy of the report for your records.
  • Be specific about what caused your fall – Mention the hazardous condition (wet floors, uneven pavement, poor lighting, etc.) that led to your injury.
  • Do not accept blame – Avoid statements that could be used against you, such as saying, “I wasn’t paying attention.” Insurance companies may twist your words to reduce your compensation.

If the property owner refuses to document the accident or ignores your complaint, this may be a sign of negligence, which can strengthen your claim.

Take Photos and Videos of the Hazardous Condition

Visual evidence is one of the most powerful tools in a premises liability case. If possible, take clear photos and videos of the dangerous condition that caused your accident before it is cleaned up, repaired, or altered. Many property owners quickly fix hazards after an accident to avoid liability, making it essential to capture proof immediately.

Make sure to document:

  • The specific hazard that caused your fall (wet floors, broken steps, torn carpet, missing handrails, etc.).
  • The surrounding area, including poor lighting, warning signs (or lack thereof), and obstructions.
  • Your injuries, bruising, cuts, swelling, or any visible damage.
  • Any employees or witnesses nearby, who may have seen the accident.

If you are unable to take photos due to severe injuries, ask a friend, family member, or bystander to document the scene on your behalf.

Obtain Contact Information from Witnesses

Witnesses play a key role in slip and fall cases, as they can confirm the presence of a hazard and verify that the property owner was aware of the dangerous condition. If anyone saw your fall, ask for their:

  • Full name
  • Phone number
  • Email address
  • A brief statement of what they saw

Employees, other customers, or residents may have noticed the hazardous condition before your accident, making their testimony valuable in proving that the property owner failed to take action. Even if witnesses did not see the fall itself, they may have observed unsafe conditions leading up to the incident, strengthening your claim.

Seek Medical Attention Immediately to Document Your Injuries

Even if you don’t feel severe pain right away, you should seek medical attention immediately after a slip and fall accident. Many injuries—such as concussions, internal bleeding, and soft tissue damage—do not present symptoms immediately but can worsen over time. Delaying medical care can harm both your health and your legal case, as insurance companies may argue that your injuries were not serious or were caused by something else.

When receiving medical care:

  • Tell the doctor exactly how the injury occurred – This ensures that your medical records directly link your injuries to the accident.
  • Follow all prescribed treatments – Skipping appointments or ignoring medical advice may weaken your claim.
  • Keep copies of medical records and bills – These will be used as evidence of your damages.

Seeking immediate medical attention not only protects your health but also provides clear documentation that your injuries were a direct result of the property owner’s negligence.

Other Steps to Strengthen Your Case

Avoid Giving Statements to Insurance Companies Without a Lawyer

After reporting your accident, you may receive a call from the property owner’s insurance company. Be cautious—insurance adjusters are trained to minimize payouts and may attempt to get a recorded statement that can be used against you.

  • Do not admit fault or downplay your injuries – Even simple statements like, “I’m feeling better” can be used to reduce your claim.
  • Decline to give a recorded statement – You are not legally required to speak with the insurance company without legal representation.
  • Let your attorney handle negotiations – A lawyer ensures that you receive the maximum compensation possible.

Keep Detailed Records of Your Injuries and Expenses

A strong premises liability claim includes proof of your financial and emotional losses. Keep track of:

  • Medical bills, hospital visits, and prescriptions.
  • Lost wages from missing work.
  • Pain and suffering, including emotional distress and reduced quality of life.
  • Out-of-pocket expenses, such as transportation to medical appointments.

These records demonstrate the full impact of the accident, helping you recover the compensation you deserve.

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Challenges Faced in Premises Liability Claims

Premises liability claims are often difficult to prove because property owners and their insurers aggressively fight liability. Injured victims must demonstrate that the property owner knew or should have known about the hazard and failed to take reasonable steps to prevent harm. Without strong legal representation, many claims are denied or undervalued, leaving victims without the compensation they need for medical expenses, lost wages, and other damages.

Below are some of the key challenges in premises liability cases and how Karell Trial Attorneys overcomes them to protect the rights of injured clients.

person arguing and denying any accountability

Property Owners Deny Responsibility

One of the most common defenses used by property owners is claiming that they were unaware of the hazard that caused the injury. They may argue that the dangerous condition had just appeared, that they did not have enough time to address it, or that they were not responsible for maintaining the area where the accident occurred.

However, property owners have a legal duty to conduct regular inspections and maintain safe conditions. If a hazardous condition existed long enough for a reasonable person to notice and correct it, the property owner may be held liable.

How Karell Trial Attorneys Fights Back

  • Investigating maintenance records and prior complaints to show the hazard existed for an unreasonable period.
  • Securing video surveillance, witness statements, and inspection logs to prove the property owner was aware of or should have been aware of the danger.
  • Consulting safety experts to demonstrate that the property owner failed to meet industry safety standards.

Insurance Companies Shift Blame to the Victim

Insurance companies frequently argue that the victim was responsible for their own injuries. They may claim that the victim was distracted, wearing improper footwear, or failed to exercise reasonable caution. Under Georgia’s modified comparative negligence law, if a victim is found to be 50 percent or more at fault, they cannot recover damages. If they are less than 50 percent at fault, their compensation is reduced by their percentage of fault.

How Karell Trial Attorneys Counters These Arguments

  • Using surveillance footage or witness testimony to prove that the hazard was unavoidable.
  • Demonstrating that no warning signs were posted or that the property owner failed to take reasonable steps to prevent injury.
  • Working with medical professionals to link the injuries directly to the accident and rule out any pre-existing conditions that insurers may try to use against the victim.

Proving Negligence Requires Strong Evidence

To win a premises liability case, the injured party must prove:

  1. The property owner had a legal duty to provide a safe environment.
  2. A hazardous condition existed on the property.
  3. The owner knew or should have known about the hazard.
  4. The owner failed to take reasonable steps to fix or warn about the danger.
  5. The victim was injured as a direct result of the hazardous condition.

Establishing these elements can be difficult, especially if the hazard was temporary, such as a wet floor or loose carpet. Property owners often fix or remove hazards after an accident, making it harder to prove their negligence.

How Karell Trial Attorneys Strengthens Claims

  • Gathering photographic evidence and incident reports immediately after the accident.
  • Reviewing surveillance footage to confirm how long the hazard was present before the accident.
  • Interviewing employees, customers, or tenants who may have reported the issue before the accident.
  • Bringing in expert witnesses, such as building code specialists or safety engineers, to establish liability.

Get Karell Trial Attorneys on Your Side by Scheduling Your Free Consultation – And Start Focusing on Your Recovery

Premises liability cases can be legally and financially overwhelming, especially when property owners and insurance companies aggressively fight against claims. Proving negligence requires strong evidence, expert testimony, and a legal team that understands the complexities of these cases. 

At Karell Trial Attorneys, we have the experience, dedication, and resources to hold negligent property owners accountable and fight for the compensation you need to recover from your injuries. Whether you were injured in a slip-and-fall, a negligent security incident, or another hazardous condition, we are prepared to take on powerful insurance companies and ensure you receive fair compensation.

You shouldn’t have to navigate this process alone while trying to heal from your injuries. Let our team at Karell Trial Attorneys handle the legal battle so you can focus on your recovery. Call us today to schedule a free consultation and take the first step toward securing the justice and financial support you deserve.

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