Legal Question in Personal Injury in Georgia

To sue, someone would have to be negligent and you have to have damages.

As to negligence: not to sound flippant, but your defendant would be God, and He can't be sued. When the temperature is below freezing and their is moisture, there is an expectation that there may be ice, so unless you can prove that the ice was not visible and that there was for some reason other than an act of God something that made the business owner negligent (example: running a lawn sprinker in the parking lot on a 25 degree day).

If you get past that hurdle, you have to have damages. "May have pulled her groin" is not likely compensable. An actual injury might be.

There is no absolute general duty of a business to maintain a lot, every minute of the day, every day, with absolutely no potential hazards. No business would ever have a parking lot. "Watch where you are going/stepping" also applies, and certainly it does when it is cold and wet. Falling down is not always a reason to ask for a big check from someone else. You'll need many more facts to show negligence on the part of the business owner, and actual damages.

The previous answers are correct. However, if the business owner has reason to know that the parking lot ices over or presents a hazard, they have a duty to rectify the condition. The real question here is, whether there is any proof that the owner knew of the hazardous condition and beyond that whether you had any opportunity to know on your own that the area was hazardous.

Long story short, it is not simple case and the ultimate outcome of your case will depend on facts that were not disclosed in your answer. You and your family will have to determine whether you think this issue is important enough to form a basis for a lawsuit.

If you need additional information, visit us online at:

http://www.rousecolaw.com

Best of luck to you and your family.

The previous answers are correct. However, if the business owner has reason to know that the parking lot ices over or presents a hazard, they have a duty to rectify the condition. The real question here is, whether there is any proof that the owner knew of the hazardous condition and beyond that whether you had any opportunity to know on your own that the area was hazardous.

Long story short, it is not simple case and the ultimate outcome of your case will depend on facts that were not disclosed in your question. You and your family will have to determine whether you think this issue is important enough to form a basis for a lawsuit.

If you need additional information, visit us online at:

http://www.rousecolaw.com

Best of luck to you and your family