The store is probably responsible for your doctor bill and your pain and suffering. If you can show that the store knew or should have known about the hole and did not fix it you are entitled to compensatory damages and maybe even punitive damages. If the store knowingly let the condition go un-mended for an unreasonable time punitive damages to make an example of the store may be available. On the other hand if the store can show that the hole occurred to recently to fix or they could not have known about it they may not be libel for anything. In this regard your recovery might be diminished if the store can show you contributed to your own fall by for instance not watching where you where going.
"Slip and Falls" in Georgia are more about "knowledge" not negligence. The party with the most or superior knowledge, usually loses by law.
Since the store should inspect their property, to keep it safe (and has a duty to do so) , the real question is was the danger "open and obvious"? For example if it was raining and the whole was full of water and not visible...or it was dark and there was poor lighting, or something such as a car or shopping cart blocked your clear view?...
These are the type of questions that will determine if a judge dismisses your case in a "Motion for Summary judgement" or if the case goes to the jury.
Each State's laws vary greatly. You should contact the State Bar in Georgia for a referral to competent legal counsel in your geographical area and for each practice area.
As far as any injury claims, no lawyer can really fully answer a legal question for an inured client without knowing:
1) what your injury is and exactly how it occurred;
2) the amount of your medical bills;
3) the future treatment and prognosis of your injury;
4) your lost income or wages;
5) cost of services you couldn't perform (i.e. yard work, house cleaning...)
6) any other damages (Spousal services, mileage expenses, property damages, etc.)
Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.
For example, in Georgia the statute usually runs or expires the day before 2 years from your injury for a personal injury and 12 months in Georgia for workers compensation.
You should act now!
Do not give the "other side" or their insurance company nor their lawyer a recorded statement or a medical authorization.
Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.
Make it a great day!
One piece of information which is needed in order to answer your question is, did you see the hole before stepping and if not, why not? Premises liability is based on the owner's greater knowledge and control of the premises. Each person has a duty to exercise reasonable care for his or her own safety.
Negligence and personal injury Medical expenses for personal injury Pain and suffering Premises liability for personal injuries Punitive damages for personal injury Personal injury Personal injury lawsuits Types of personal injuries Personal injury and defamation Personal injury and libel Property liability Workers' compensation Lawsuits and disputes
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