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By this time in life you might figure you have walking down to a science, but then you fall in public. How embarrassing. But is it your fault? Possibly not.
Was there a substance on the floor that caused you to slip? Was there uneven pavement or a hole in the walkway? Was there an unsteady railing?
These situations can create a dangerous premise, home or business. A fall can be very serious and lead to a catastrophic head or spinal cord injury, not just a skinned knee.
At Alsobrook Law Group, we have extensive experience representing individuals in Alabama who have been injured through no fault of their own while on the property of another party. Our lawyers have in-depth knowledge of premises liability law, and we have a successful track record obtaining just compensation on behalf of each client we serve. We work closely with our clients, putting our experience to work to put them in the best possible position to obtain a positive outcome in their case.
A majority of premises liability cases are based on the theory of negligence. This is important, because just simply being injured on another person’s property doesn’t necessarily mean that there was an unsafe condition present or that the property owner was negligent.
Your attorney will need to prove that the owner either ignored a condition that was unsafe or otherwise acted negligently. For negligence to exist, there must be several elements:
A premises liability case can arise anytime a person is injured on another party’s property. This opens up a broad range of possibilities. Some of the most common types of these cases include:
A homeowner or business manager or owner has a responsibility to keep their property in a safe condition. Under Alabama law, this is known as a “duty of care” and is required of all managers, property and store owners of property that others may visit.
When they fail to take reasonable steps to keep their premises free of dangerous conditions, or when they fail to adequately warn those who enter the property of any known hazards, they have breached their duty to invited visitors, and they may be held liable.
This is the basis of premises liability and it goes beyond safe sidewalks or floors.
What if you are hurt by an item falling from a shelf? An elevator may malfunction or trap you inside. In a parking lot, a lack of lighting may allow criminals to victimize you. Perhaps someone has a dangerous dog with a history of biting who is not properly contained.
When the owner fails in his duty to the public, they must be held accountable. We can help you prove the owner knew or should have known that a dangerous condition existed on the property.
Regarding premises liability, the owner “owes a duty to business invitees to use reasonable care and diligence to keep the premises in a safe condition, or, if the premises are in a dangerous condition, to give sufficient warning so that, by the use of ordinary care, the danger may be avoided.”
In the following scenarios, a home or place of business can be dangerous for the public:
In the above cases, the owner failed to do what an ordinary prudent person would do to make their property safe. When that happens, the owner is essentially negligent in his or her duty to the public.
Alabama’s premises liability law treats those bringing a claim over a defective property more favorably than a claim over a slippery floor; because the defect in the property, such as a hole in the floor, was an actual part of the property. The question of whether the owner knew there was a hazard will be decided by the court.
In a slippery floor case, you, the plaintiff, must prove that the substance was on the floor for some time and that the defendant knew (or should have known) it was there and failing to do so makes him/her negligent.
In both claims, you, the plaintiff, must show that the danger caused your injury.
There are three general categories of visitor to a property and there is a different standard of care for each.
Obviously, there is a lesser duty of care to a trespasser unless that person is a child. If the landowner knows children frequent the property, the property owner has the responsibility of putting up a warning at the very least. They may have to erect a fence or pool guard to keep children out.
A licensee is someone who visits a property usually for their own purposes, such as a door-to-door salesperson or party guest. The property owner must also warn of any present dangers and correct them as soon as they know to protect this category of visitor.
The standard is not as stringent as for an invitee. If the property is open for business or expects to have a stream of people, whether a store, a salon, an office, the property owner has the greatest duty of care to keep that property safe, fix any deficits, and to warn about any present dangers.
No matter what the cause of the accident, if you were injured on someone else’s property you should speak to a personal injury attorney to learn if you can make a claim for damages. Now determining how much a slip and fall case is worth depends on a variety of factors, which your personal injury attorney can thoroughly outline when you meet.
Factors That Determine Slip and Fall Damages
Slip and fall cases have become more common, with the Centers for Disease Control reporting as many as 1 million Americans suffering from some form of slip and fall accident each year. Of those, up to 30% end up with moderate to severe injuries. If your slip and fall accident was due to the carelessness or negligence of another party, you may be entitled to claim different types of damages that include:
The amounts associated with each of these damages varies depending on the circumstances of the case. In some instances, expert witnesses may be used to help prove damages in a personal injury case.
Were You Partially at Fault in the Accident?
Every state has different rules regarding liability, and some will bar a plaintiff from collecting damages in a lawsuit if the injured party was at all at fault for the accident. Unfortunately, Alabama is a “contributory negligence” state, which means that if the other party can prove that you contributed to the accident in any way, you may not be able to collect damages.
How Much Money Is Available For Settlement?
In the end, it might be difficult to collect a multi-million dollar settlement for a slip and fall case if the parties responsible don’t have access to those funds. The responsible party’s liability insurance coverage plays a factor in how much you may be able to collect in a lawsuit. In some cases, there may be more than one party responsible for a loss, which allows your personal injury attorney to pursue recovery from multiple sources.
Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…
The Alsobrook Law Firm is located in Opelika, AL and serves clients in and around Opelika, Loachapoka, Auburn, Salem, Waverly, Cusseta, Smiths, Barbour County, Bullock County, Calhoun County, Chambers County, Clay County, Cleburne County, Coosa County, Dale County, Elmore County, Henry County, Lee County, Macon County, Montgomery County, Pike County, Randolph County, Russell County, Talladega County and Tallapoosa County.
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