November 28, 2023

What mistakes or pitfalls should I avoid that could negatively impact my slip and fall injury claim?

Number one: you must be able to describe what made you fall. Was it a liquid? Was it water or a greasy liquid? An orange liquid? Or if it was an uneven rug, or an uneven pavement, or even a ketchup package – you must be able to describe the hazard – that is the first pitfall to avoid. If you cannot describe the hazard, you are out in Georgia.

The second pitfall to avoid in your slip and fall case in Georgia is what we call prior traversal. Prior traversal refers to walking past a spot where there is water or an obstruction on the floor. If I pass it once and I don’t slip and fall, the law in Georgia presumes that you saw it. And if you are coming back the same way and pass the same spot and you slip and fall on the water, your case is out. Prior traversal means if you walk past that spot more than once, the law presumes that you have seen it and that you can no longer have a slip and fall case. That is a common pitfall to avoid in your slip and fall personal injury case.

If you’ve suffered a personal injury and require legal representation, don’t hesitate to contact The Foster Firm at 404-559-8325 or visit our website at