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I slipped and feel in a puddle of liquid at a party, at someone else's house, resulting in me fracturing 3 front teeth.

The accident happened a little over a year ago, in Georgia the state of my residence. The house is rented out to college tenants. A bowl of punch was split before the beginning of the party and I later stepped into it and fell. Who should I hold responsible, if anyone?

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Attorney answers (2)

Reputation Level 9
In order for the tenants to be legally liable for your fall, you would have to be able to prove that they had knowledge of the spilled punch that was superior to your own. In other words, that the tenants knew the spill was there but failed to clean it up and that you were unaware of the spilled punch. If you had equal knowledge of the spill, the tenants will not be held liable.

As a practical matter, very few students obtain renter's insurance. It is also unlikely that the owner would have any insurance that would cover this incident. Therefore, even if you were able to win your case it might be very difficult to collect any judgment you were able to obtain against them.

Feel free to contact me if you should have additional questions.

Steven I. Goldman
GOLDMAN & ASSOCIATES
The Equitable Building - Suite 2020
100 Peachtree Street, N.W.
Atlanta, GA 30303
(404) 577-9555
(404) 577-9556 (fax)
Steve@GoldmanLawAtlanta.com
www.GoldmanLawAtlanta.com

Reputation Level 9
I would have to agree with Mr. Goldman's response above. One of the first things to look at is liability. Was the homeowner or the renter liabile for maintaining a dangerous condition (spilled punch) they knew of and did not warn you of the danger.

In your matter, the owner would not have superior knowledge of the dangerous condition because they gave control and possession to the renter. You would likely have a very difficult time proving that the renter knew of the dangerous condition or spilled punch and chose not to warn you. Because of this you would have a difficult time proving liability.

The fact that over a year has gone may make proof very difficult. Any potential witnesses may have move and/or disappeared. Certainly if you have witnesses who can testify that they spoke with the renter and he knew of the punch and that it made the floor slippery and decided to do nothing about it, it would certainly help with liability. There are other liability issues to consider as well. Even then you would still have the issue of collecting on any judgment you may receive.

If you were successful at proving liability, you then would need either insurance coverage or assets to pursue. If the renter was a college student, it is unlikely that they maintained renters insurance or have personal assets with which to pay for your damages.

There are two big hurdles to jump prior to the possibility of recovering from your injuries.

Feel free to contact if you would like to discuss this matter further.

Ty Wilson
L. TY WILSON, P.C.
3350 Riverwood Parkway
Suite 1900
Atlanta, Georgia 30339
770-948-5454

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