Mobile Slip and Fall Injury Attorney
A slip and fall or trip and fall may not sound serious, but if it happens to you, you know that it is no laughing matter. A slip and fall can cause fractures in the ankle, wrist or hip, or cause neck and back injuries, as well as head injuries or facial lacerations. The most tragic aspect of these serious injuries is that they are so easily preventable, if only the property owner would take care to make sure the premises are reasonably safe for the public. The personal injury attorneys at the Carter Law Firm help people in Mobile and Baldwin counties who have suffered a slip and fall injury caused by a property owner’s negligence.
Alabama Premises Liability Law
In describing the duty that property owners have to care for persons on their premises, many states make a distinction among whether the person is on the property as an invited guest or for the person’s own business purposes. Alabama does not make this distinction and simply creates a duty on the part of property owners for all people who are lawfully on their premises (not trespassing) at the time of the accident.
What is the duty that property owners owe to persons on their premises?
If a property owner knows about a dangerous condition on the property but fails to fix it or warn of the danger, the owner can be liable to a slip and fall victim for any injuries which result. It is not necessary to prove that the property owner actually knew of the hazard, however. Alabama law recognizes the concept of constructive notice, which means that if the owner should have known about the danger, then the owner will be deemed to know about or have been put on notice of the hazardous condition. A business owner cannot simply neglect the property or fail to inspect it and then claim that it is not responsible because it was not actually aware of the defect.
The types of unsafe conditions on business property are limitless, but typical causes of slip and fall or trip and fall accidents in grocery stores, restaurants and retail stores include the following:
- Food or drink or other liquid spills
- Boxes falling from shelves
- Products on the floor in the aisles
- Extension cords crossing pathways
- Unmarked steps
- Broken tile or torn carpeting
- Broken or missing handrails
How does one prove actual or constructive notice of a dangerous condition?
As you can see from the list above, the hazardous condition may only be of a temporary or transitory nature, and in order to prove that the owner knew about the condition, the injury victim must be able to show that the condition existed for an unreasonably long period of time before the accident, without the owner attempting to fix the condition or warn customers about it. Proving these facts can be challenging, but at the Carter Law Firm, our attorneys understand how to investigate an accident and build and present a compelling case demonstrating the property owner’s negligence.
Another concern in slip and fall cases is being able to rebut the allegation that the accident victim was not paying enough attention and caused or contributed to the accident. In Alabama, if any amount of blame can be assigned to the victim, he or she can be prevented from recovering any money damages. Our seasoned trial lawyers will argue aggressively and effectively against any claims that you were negligent when you were not.
Get Help from Experienced Alabama Slip & Fall Attorneys in Mobile and Baldwin Counties
If you have suffered from a slip and fall or trip and fall on another’s dangerous or unsafe property, contact the Carter Law Firm at 251-433-6500. We offer a free consultation to discuss your case, and we do not charge any legal fee unless we recover for you.