Georgia Slip and Fall Lawyers

Macon Injury Attorneys Explain Experience with Premises Liability

Video Transcript:

David McCain: 

We have handled cases at all different types of properties, businesses, personal residences, hazards can exist anywhere.

Molly Hendrickson: 

We're talking to attorney's Christy Childers and David McCain about slip and fall injuries on today's Ask The Lawyer. Thank you both for joining us.

Christy Childers: 

Thank you.

David McCain: 

Thank you for having us.

Molly Hendrickson: 

First of, how common are slip and fall injuries, especially during the winter months?

David McCain: 

Slip and fall injuries happen during all months of the year. Here in Middle Georgia, we typically don't see an increase during the winter months because of weather conditions, and in my practice doing slip and fall cases, representing injured clients in slip and fall cases for over 15 years, I personally have not seen any increase that I would necessarily correlate with the winter months, but slip and fall accidents certainly do happen in Middle Georgia.

Molly Hendrickson: 

Under what circumstances might somebody have a case in one of these accidents?

Christy Childers: 

That's a really good question. So just because you fall on a hazard in a store, it doesn't mean that you have a case, at least not in Georgia, because they do, in Georgia require that the store owners have reasonable notice and an opportunity to discover the hazard and remove it. And you might be thinking like, "How in the world do you ever prove that? How do you, the person who fell down, who got hurt on this dangerous condition, what are they... How are they gonna prove it?" 

That's a really good question that our court of appeals doesn't seem to mind trying to make the person who was hurt get this evidence and proven, and one way we do it is through getting things like sweep logs and records of when the last time an inspection was done in that area because there is a requirement that they do perform an inspection at reasonable intervals. And that means different things for different places. If you are, if it's raining and the area is right by the door, that may mean that you should be checking out that area more often, if you're, for example, in a grocery store alley, it could mean a different time length of checking it out as opposed to somewhere where there's not as many hazards that could fall on the ground and like packaging that comes out and that kind of thing.

So you really just need to talk to a lawyer. Just because you get hurt on somebody's premises, it doesn't mean that you're gonna have a claim, and in Georgia, they make it really hard for frivolous claims to even make it to a trial.

Molly Hendrickson: 

So you alluded, in Georgia, you're not gonna typically see people falling in the snow or ice obviously, but where do you typically see these types of accidents happen?

David McCain: 

So we have handled cases at all different types of properties, businesses, personal residences, hazards can exist anywhere, and just because there is a hazard, that doesn't necessarily mean somebody is going to get hurt, and that doesn't necessarily mean that if somebody does get hurt that it's going to be a case. Premises liability, slip and fall cases in Georgia often are complex and difficult cases, and for that reason, it is important that if you get hurt on somebody else's property, that you call a lawyer immediately to talk about your case.

Molly Hendrickson: 

And what type of injuries have you seen? How serious of the injuries can they be?

Christy Childers: 

So I actually represented the family of a man who was killed in a slip and fall accident. He stepped off of the disguised curb, a curb that other elderly people had fallen over as well, because they didn't realize there was a curb there, and break his neck. And in a period of time, he passed away and he was actually a war hero. And as I sat around the table with his grown sons and they cried, I just realized that somebody needs to make sure that these places are safe because we just expect that they're gonna be. When you're walking around a grocery store looking at things, the grocery store knows that your eyes and your attention is gonna be elsewhere, and so that's why they do have rules in place to make sure that the floor is safer for people, especially our elderly clients.

David McCain: 

We've represented people with all types of injuries from death to broken bones, to sprains and strains, just because the injury might not result in broken bone doesn't mean that it's not a serious injury, and so if you are hurt, whether it's a trip and fall or a slip and fall, I think it is wise to consult with a lawyer about your possible claims.

Molly Hendrickson: 

So obviously, people can sustain some really serious injuries from these types of accidents. There is kind of a misconception or misperception among the public that these can be frivolous lawsuits. How would you respond to that?

Christy Childers: 

I would respond that those frivolous lawsuits, that the public thinks are out there being brought in slip and fall cases, in my experience, don't make it to trial. There's a summary judgment available, and in every single slip and fall case where the defense even thinks they have a shot at taking away your right to a jury trial, they're gonna try to do it, and it's a hard hill to climb in these slip and fall cases and for that reason, frivolous claims just don't make it all the way to a jury trial, most of the time, it's a bad business that just didn't do it right.

David McCain: 

Yeah, the reality of this frivolous lawsuit, frivolous claim myth, is that these cases are too hard, too time consuming and too expensive to pursue if there's not a reasonable or a likely chance of a recovery. My firm is not in the business of pursuing or bringing frivolous lawsuits, we never have done that and we never will, and I believe that the vast majority, if not every law firm that handles personal injury cases, simply do not bring frivolous claims. The notion that a slip and fall case or that somebody who is hurt in a slip and fall case is bringing a frivolous claim, that notion is just simply false.

Molly Hendrickson: 

Christy, David, nice to see you. Thanks for taking the time to talk to us.

David McCain: 

Thank you very much.

Christy Childers: 

Thank you.

Molly Hendrickson: 

And that's gonna do it for this episode of Ask The lawyer. My guests have been Christy Childers and David McCain. If you wanna ask them about your situation, call the number on the screen. Thanks for watching. I'm Molly Hendrickson for Ask The Lawyers.

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