If you have slipped and fallen in a Georgia business due to poor lighting, you may have a personal injury case. Not all cases require serious or fatal injuries to receive compensation. The law does have a few requirements you should be aware of before filing a suit.
AllLaw.com lists Georgia’s laws for personal injury lawsuits. The state does use comparative fault to determine any damages awarded to you. In a situation where the lighting is low, the business owner and their attorney may claim you have some if not all the fault in the accident. Should the court take the case, the judge determines if and how much fault you had in the accident.
Awarded damages use the comparative fault rule should you be in any way at fault. For example, if the business owner claims you were somewhere you were not supposed to be, the judge could rule you 40% at fault. The business should still have had better lighting to prevent slips and falls so retains 60% fault. When the judge grants $10,000 in damages, you only receive 60% of that or $6,000 to take into account your 40% fault.
Keep in mind that Georgia has a statute of limitations for personal injury lawsuits at two years from the date of injury. Injuries in a municipal building such as the courthouse only have six months to file. Should you file past that deadline, the case is likely to be thrown out of court eliminating your ability to file a civil suit for that injury. The clock starts ticking the day of the injury.