Slip-and-fall accidents can occur in almost any setting, but they occur far more commonly in the winter months where ice forms on the ground. Parking lots and sidewalks are often the site of accidents that cause traumatic injuries to unsuspecting individuals when ice is on the ground.
An important question that must be asked when someone slips and falls on ice is who can be considered liable. Particularly, when such a fall happens in the work place. Consulting an Atlanta accident injury lawyer would be wise if you find yourself injured after slipping on ice.
Property owners and employers have a duty to provide a safe work environment for their employees. This is particularly true when it comes to snow accumulation and icy roads. On the other hand, individuals are also considered to be responsible for their own safety and to take reasonable care when traveling into areas where they should reasonably suspect icy or slippery surfaces to be present. This creates some difficulty when assessing liability for an injury.
Determining who is rightfully liable all comes down to the actions of the individual and the steps taken by the property owner to mitigate any dangerous conditions that may exist. Georgia is a comparative negligence state, which means that when assessing liability for an injury, there can be more than one individual held liable. In the context of a slip-and-fall accident, if the injured person is said to have been 49 percent responsible or liable for their injuries, then any amount they would be able to recover in a lawsuit would be reduced by that amount. However, Georgia law bars recovery for individuals who are found to have been more than 50 percent responsible for their injuries.
Because of the possible negligence that may be attributed to an individual that slips and falls at work, there may be an alternative to filing a personal injury claim in an attempt to apportion liability to an employer. With a workers’ compensation claim, liability is not in question. All that must be shown is that a worker sustained an injury and that injury was sustained during the course of their employment. This may be a more beneficial option for an individual who was injured at work by slipping and falling on ice.
If you or a loved one has been injured on the job by slipping and falling on ice, you are going to need the assistance of an Atlanta accident injury lawyer. Contact McAleer Law today for a free consultation with one of our accident lawyers in Atlanta.