Legal Question in Personal Injury in Georgia

All we know is you fell when you did not see where you were going on a rainy night. That does not show negligence on anyone else's part. There are innumerable things a person might trip on on a rainy night, and it is generally up to the person to look and see (or feel) where they are going. An "exposed cement mixture protruding from the ground" may also be known as a sidewalk. We don't know, because you left out that part of the story. In short, you need to show negligence or similar on someone ELSE's part (such as creating a dangerous condition that is hidden), not just that you tripped over something you didn't see on a rainy night.

I agree with Scott's response. That said, I have a question about what the object was? You mentioned a foreign object yet you did not identify what it was. Also you mentioned an exposed cement mixture, are you insinuating that there was construction going on? If so, was the area properly roped off? Lastly, you did not mention when this incident occurred. There are statutes of limitations that could bar your recovery even if liability could be proven. My advice, see a lawyer and give him/her the details so that your case can be properly evaluated.

As the other two lawyers mentioned, the details of the situation determine whether you have a case. What concerns me is that you mention "harassment" by the complex. If you fell and have a case, you should NOT be talking to them, or their insurer, at all. You should not have spoken to them at all. If you are in or near metro Atlanta, feel free to contact me at 404-768-3509 with more details. We can, with more information, evaluate your case. Bear in ind their are strict time deadlines for such cases, so act very quickly in getting a lawyer.

Premesis liability cases in Georgia are generally difficult to win. The case law in Georgia strongly favors the property owner and not the injured patron. More details are needed to determine if you have a case. Feel free to contact my office at 404.529.9081 to discuss your case.

Very often these cases cannot be settled prior to filing a lawsuit. Even with a lawsuit filed, the defense will not make any offers to settle until the Court decides a Motion to Dismiss based on the facts and the case law that controls your situation. As I stated before, the case law helps the property owners and not the injured person. You can expect a fight the whole way.

Best,

David H. Glass, Esq.

Fall down cases under Georgia law turn on the facts of each case. The apartment complex owner has a duty to keep the premises safe and free of defects that would injure you. You have a duty to watch where you are going and to take care for your own safety. The totality of the circumstances is what determines liability. This happened at night so that might explain the difficulty you had seeing. You mentioned a foreign object and what that would be is very important. The defendant will claim that you should have seen whatever it is and that the fall and your injuries are your own fault. Do not talk to the apartment owner or its insurer or their attorneys as they will try to trick you into saying something that will harm your case. You need to get a lawyer who really knows injury cases ASAP. Ask people that you respect for the name of a lawyer that does this type of case. You can also research that on the internet. Do NOT get just any old lawyer (DUI,wills,divorce, etc.) as that person will not really know what to do and will mess up your case. If you have a broken ankle and it is the fault of the apartment complex your case probably is worth 6 figures so proceed carefully. Good luck.