Slip and fall in Georgia: what to do, step by step

Name: J. Lee & Associates Law Group
Address: 1250 Tech Dr, Suite 240, Norcross, GA, 30093, US
Telephone: (770) 609-9396

If you fell at a store, a restaurant, a parking lot or an apartment building, we explain what to do before the evidence is lost. The initial consultation is free.

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A fall can cause fractures, back injuries or head injuries. Many people feel embarrassed and say “I'm fine.” If you got hurt, there is nothing to be embarrassed about. Take care of your health first.

In Georgia, an owner or occupier who invites the public onto a property must use ordinary care to keep the premises and approaches safe (O.C.G.A. § 51-3-1). Generally, the injured person must show that the owner knew or should have known about the hazard, and that they did not know about it despite using ordinary care (Robinson v. Kroger Co., 268 Ga. 735 (1997)). That is why evidence from the first hours matters so much.

This page is general information about Georgia law. It is not legal advice for your case. Every case is different and the rules have exceptions. To talk about your situation, call us at (770) 609-9396.

The first 24 hours

Do these steps in this order, if you can do them safely.

Do not get up too fast
If your head, neck, back or hip hurts badly, stay still and ask for help. Call 911 if you need it.
Tell the manager and ask for a report
Ask to speak to the manager or person in charge and ask them to write an incident report. If they will not give you a copy, write down the manager's name, the date, the time and the report number, if there is one.
Photograph what made you fall
Before anyone cleans or fixes it, photograph the wet floor, the spill, the ice, the hole, the broken step or the poor lighting. Also photograph whether there was a warning sign or not. Take photos from far away and up close.
Photograph your shoes, clothes and injuries
This helps show what shoes you were wearing and how you got hurt. Keep the shoes and clothes without washing them.
Look for witnesses and cameras
Ask for the names and phone numbers of customers or employees who saw the fall. Look for security cameras and note where they are.
Get medical care today
Go to the emergency room or a clinic the same day. Tell the doctor exactly how you fell and everything that hurts.
Do not sign anything
The business may ask you to sign a form or a statement. You can say you prefer to have your lawyer review it first.
Write down what happened
That same night, write down or record a voice note with everything you remember: the time, the place, what you were doing, what you saw and what people told you. Details fade quickly.

The next few days

Go to your medical appointments
Follow your doctor's instructions and go to every medical appointment. If you stop going, the insurer may say you were not hurt. If you do not have health insurance, tell us and we will explain what options may exist.
Call us soon about the video
Many businesses record over their video after a while. We can send a letter asking them to keep the video, the incident report and the cleaning records. The sooner, the better.
Be careful with calls from the other insurer
The other side's adjuster may call you soon and sound very friendly. The adjuster works for the other side, not for you. You can give your name and our number, and say you prefer to talk to your lawyer first.
If you fell on government property
If the vehicle or the property belonged to a city, a county or the state, a written notice is due much sooner: generally 6 months for a city (O.C.G.A. § 36-33-5) and 12 months for a county (O.C.G.A. § 36-11-1) or the state (O.C.G.A. § 50-21-26). Call us right away.
Keep a recovery journal
Write down each day how you feel, what you cannot do, the work days you missed and your trips to the doctor. Take photos of your injuries as they heal.
Keep the deadlines in mind
In Georgia, an injury lawsuit generally must be filed within 2 years (O.C.G.A. § 9-3-33). If the vehicle or the property belonged to a city, a county or the state, a written notice is due much sooner: generally 6 months for a city (O.C.G.A. § 36-33-5) and 12 months for a county (O.C.G.A. § 36-11-1) or the state (O.C.G.A. § 50-21-26). There are exceptions. Do not wait until the last minute.
Estimate the general accident deadlines →

What to keep

Keep everything in one folder or in an album on your phone. Do not throw anything away, even if it seems unimportant. If you are missing something, do not worry; bring us what you have.

Photos of what made you fall, the area and your injuries
The incident report, or the manager's name and the time you reported it
Your receipt from that day, if you have one
The shoes and clothes you were wearing, unwashed
Witness names and phone numbers
Where the security cameras were
If you rent: your written complaints to the manager and their replies
Papers from the ambulance, the emergency room, the doctor and the pharmacy
Medical, prescription and travel-to-the-doctor bills and receipts
Pay stubs or a letter from work showing the days you could not work
Letters, emails and messages from any insurance company
Your pain and recovery journal

What not to say

What you say after an accident can be used to deny or reduce your claim. These are things to avoid and what to do instead.

Avoid

Saying “it was my fault, I wasn't looking”

The store can use that sentence to deny your claim. Often you could not have seen the hazard. Stick to the facts.

Instead

“I slipped on something on the floor.”

Avoid

Saying “I'm fine, nothing happened to me”

Many injuries show up later. If you say you are fine and then you are in pain, it will be harder to prove your injury.

Instead

“I don't know yet if I'm hurt. I'm going to see a doctor.”

Avoid

Giving a recorded statement to the other side's insurer

They will ask questions to look for contradictions or to get you to say you are not badly hurt. You can ask them to contact your lawyer.

Instead

“I'd rather you talk to my lawyer. Here is the number: (770) 609-9396.”

Avoid

Signing papers or accepting a quick check

A check or a form may include a release of your claim. Once signed, it can be hard or impossible to undo.

Instead

“I need my lawyer to review this first.”

Avoid

Posting on social media

Insurers can look at Facebook, Instagram, TikTok and other sites. A smiling photo can be used to say you are not hurt.

Instead

Do not post anything about the accident or your health while your case is open.

Avoid

Guessing or exaggerating

If you do not know something, like the speed or the distance, do not make it up. One wrong detail can hurt your credibility.

Instead

“I'm not sure.”

Avoid

Hiding earlier injuries or problems

If you already had back pain or another injury, the insurer will probably find out. If your lawyer knows from the start, they can explain how the accident made it worse.

Instead

Tell your lawyer everything, even if it feels embarrassing.

If you do not have papers

Many people who call us have this worry. You are not alone. This is what we recommend.

You can call us

Your immigration status does not stop you from calling us or talking to a lawyer. We speak Spanish. We handle your information with care and confidentiality.

Always tell the truth

Do not give false names or documents to the business, the doctor or the insurer. If something worries you, tell us privately and we will advise you.

Your injury case and your immigration situation are separate matters

If your status could affect part of your claim, for example lost wages, we will explain it in the consultation. If you have immigration questions, our firm also has an immigration team.

JLA immigration team →

How we work on your case

These are the usual steps. Every case is different and we cannot promise a result, but we will explain each step.

1
You call us
Call (770) 609-9396 or write to us online. The initial personal injury consultation is free. We listen, review what you have and explain your options in plain words. Calling does not obligate you and does not, by itself, create an attorney-client relationship.
Write to us online →
2
A written agreement
If you decide to hire us, we sign an agreement that explains the fees, the case costs and what happens if there is no recovery. Ask anything you want before you sign.
3
We talk to the insurers
We tell the insurers you have a lawyer and ask them to contact us. That way you can focus on your health.
4
We gather the evidence
We ask for the video and the incident report to be preserved, look for witnesses, check for earlier complaints or problems and gather your medical records and bills.
5
You focus on healing
Your job is to go to your medical appointments and follow your doctor's instructions. We keep you informed and answer your questions in Spanish or English.
6
Claim and negotiation
When there is enough medical information, we prepare a claim with your expenses and losses and negotiate with the insurer. No settlement is accepted without your permission.
7
If there is no fair settlement
We explain the option of filing a lawsuit, the deadlines and the risks. You make the final decision.

Frequently Asked Questions

What do I have to prove in a fall case?

Generally, that the owner knew or should have known about the hazard, and that you did not know about it despite using ordinary care, because of something within the owner's control (Robinson v. Kroger Co., 268 Ga. 735 (1997)). Photos, video, witnesses and cleaning records help prove it.

What if the store says it was my fault for not looking?

It is a common response. In Georgia, if you share the fault, compensation is reduced by your percentage, and there is no recovery if you are 50% or more at fault (O.C.G.A. § 51-12-33). The facts of each case decide. Do not accept blame at the scene.

I fell at my apartment. Can I make a claim?

Possibly. It depends on who controlled the area, whether the owner knew about the problem and whether you had reported it. Keep your written complaints to the manager, messages and photos of the problem, and call us.

How long do I have to make a claim?

In general, an injury lawsuit in Georgia must be filed within 2 years (O.C.G.A. § 9-3-33). If the fall happened on city, county or state property, the written notice is due much sooner. There are exceptions. Video can be erased much sooner, so call us soon.

Can I make a claim if I do not have papers?

Your immigration status does not stop you from calling us or talking to a lawyer. If your status could affect part of your claim, for example lost wages, we will explain it in the consultation. We handle your information with care and confidentiality.

How much does it cost?

The initial personal injury consultation is free. Before hiring the firm, ask about attorney fees, case costs, when they are charged and what happens if there is no recovery. The written agreement explains the terms of representation.