One of the most common causes of personal injury lawsuits in Alabama are slip and fall accidents. Slip and fall accidents are a major sub category of premises liability. Slip and fall accidents can cause serious injuries to customers of retail businesses or invitees of general premises. It is the responsibility of the property owner or property manager to keep all surfaces especially floors, stairs and other walkways reasonably safe and clean and the property owner can be held liable in the event of negligence. Property owners are required to keep their facilities clean and safe for customers and invitees and under Alabama law are forbidden from allowing an unsafe condition that could cause injury or wrongful death to exist.
In order to determine who is at fault for a slip, trip, or fall accident, negligence needs to be established. Wet, unmarked floors, slippery floors, uneven sidewalks, worn or ripped carpeting, damaged handrails, and debris on floors are examples of negligence that can cause serious injuries. In a lawsuit against a premises owner asserting a slip and fall injury, the burden of proof is on the plaintiff to prove that not only did a hazardous condition exist, but also that defendant had “superior knowledge” of the conditions that caused the accident and did nothing to correct them. In order to successfully defend themselves in court, the business owner only needs to prove that the conditions at the time were open and obvious. A condition is open and obvious when it is known or should have been observed by the plaintiff.
Premises law in Alabama is quite strict. The Alabama Supreme Court has stated “that the burden of proof is on the plaintiff to prove overt negligence existed at the time of the accident and the mere fact that a customer is injured does not create a presumption of negligence on the part of a premises owner. Rather, a premises owner is liable in negligence only if it fails to use reasonable care in maintaining its premises in a reasonably safe manner.”
Medical bills, lost wages, loss of income, pain, and emotional suffering are all damages that you can seek compensation for as a victim of slip and fall accidents. Types of injuries that you may have suffered as a result of a slip and fall accident are broken bones, brain injuries, spinal cord injuries, sprains pulls and tears of ligaments and connective tissues. In the extreme you may have had a loved one or know of someone who has died as a result of a slip and fall accident. If someone else’s negligence has led to your injury on another person’s property, call Ferguson & Ferguson today at 256-534-3435. With over 23 years of experience we are knowledgeable and experienced Huntsville slip and fall lawyers. Call for a no cost, no obligation consultation with one of our premises liability experts. We are here to help you to get the monetary compensation you deserve.