Slip and Fall Rules


laws governing slip-and-fall cases vary in the many states in which we practice. Regardless of where you reside, Ferguson & Ferguson advises you to involve an accident attorney early in your slip-and-fall case so that a proper investigation of the accident scene can be done. Never assume the accident scene will remain as it was on the date of your injury. Many of the conditions that caused a slip and fall injury can be corrected, cleaned or lost. If you have been injured in a slip-and-fall incident, it is critical that you obtain and document information quickly. At Ferguson & Ferguson , we have extensive experience handling all types of slip-and-fall accidents.

Here are a few simple rules to follow regarding any slip-and-fall accident in Alabama:

  • Witnesses: Take the name, address and telephone number of any potential witness. Preferably, give it to your lawyer. We recommend an attorney or trained investigator contact witnesses. If you were unable to obtain the names of any witnesses or possibly too injured to ask for this information, return to the accident scene to look for any potential witnesses. Try to revisit the scene of the accident several times at the same time of day at which your accident took place. Some people may have a habit of being in that area at the same time each day.
  • Photos: Take many photos, no matter how trivial, of the accident scene. Take photos of where you fell, especially any floor surface, as soon as possible to capture the condition at the time of your fall. Take photos of any warning sign, or lack thereof. Take photos of your clothing and shoes. If you sustained a visible injury such as a bruise, cut, scrape, stitches, casting, or any other injury, photograph it. “A picture is worth a thousand words.”
  • Evidence: Save the shoes and clothing that you were wearing at the time you slipped and fell. Place them inside a plastic bag or container and tape it shut so that any materials stuck to the shoes or clothing will remain. Do not wash them. If possible, complete an accident report. If the item that you slipped on is non-perishable, save a sample in a safe place. If the item is perishable, like fruit or vegetables, try to preserve it in a liquid chemical preservative or in a freezer.
  • Ownership: Establish who is responsible for the condition that caused your accident. Do not assume that the owner is responsible for your accident. The responsible party might be an independent cleaning crew, a previous construction company, the landlord of the building, or some other individual. The rule is to have this explored early, preferably by your lawyer.

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