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Slip/Trip and falls

General Information on Slip/Trip and Fall Cases

If you are injured on someone else's property or at a business due to a slip and fall you need to know your rights

  • Always file an incident report with the manager on duty if the accident happens in a business.

  • Have the property owner or manager call an ambulance if you need it.

  • See if you can figure out what you slipped/tripped/fell over/fell on you (assuming you are conscious). 

  • Are there any witnesses other than store employees (if it occurred in a store).  **Store employees tend to protect their jobs, so they may not be the best witness, unless they hate their job and are ready to quit, then they probably are the best witnesses. 

  • Take photos of the substance you tripped or slipped on if you can, as well as photos of the location you are at. 

  • Call us immediately. In order to preserve evidence, you must notify the store quickly in Georgia. 

  • Try to remember every little fact you can.  What did you slip on? What fell on you? Was it raining that day? What time was it? What type of shoes were you wearing? Did you see any caution wet floor signs out where you walked? Had you previously walked over the area where you fell  before you fell?


How Were You Injured?

Categorizing what Caused the Injury


A foreign object is something on the floor that typically is not supposed to be there, such as a puddle of water, ice, food, grease, a box, or any other item that under normal circumstances should not be on the floor or in the way where someone may traverse. 

A static defect is a semi permanent to permanent defect that if not noticed can cause someone to fall or cause an injury. Examples are uneven stairs, uneven sidewalks, cracks in sidewalks, potholes. Typically these defects are more permanent in nature and the burden of proof is a bit different then those involving a foreign object. 


Pay Attention

How to Avoid Injuries While Shopping

  • Pay attention to your surroundings 

  • Make sure where you are walking is not wet or any warning signs that the floor is wet 

  • Look for spilled food items 

  • You have a duty to act reasonable, so if the spot has a wet sign, you are on notice 


Duty Owed to Visitors on Property


Invitee - O.C.G.A. § 51-3-1

Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.  

An invitee is giving some benefit to the land owner, such as shoppers at a grocery store

Licensee - O.C.G.A. § 51-3-2

Is neither a customer, a servant, nor a trespasser;  Does not stand in any contractual relation with the owner of the premises; and Is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification. The owner of the premises is liable to a licensee only for willful or wanton injury.

A Licensee is permitted upon the property, but is not giving a benefit to the land owner, such as a house guest. 

Trespasser - O.C.G.A. § 51-3-3

 A lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury.  Georgia common law as it exists and is applied to the doctrine of attractive nuisance, in effect as of January 1, 2014, shall not be construed to be altered by this Code section. This Code section shall not affect any immunities from or defenses to civil liability to which a lawful possessor of land may be entitled.

A trespasser is a straightforward term here. If a shopper at a store (invitee) goes somewhere he/she is not supposed to be and is injured, they can be classified as a trespasser.

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Blair Law, LLC

1081 Cambridge Square, Suite D, Alpharetta, GA 30009

Phone: 770-769-5099 Fax: 404-393-2227


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