The Alabama Department of Public Health warns that over 36 million falls occur among older Americans each year across the United States, and around 950,000 of those falls lead to hospitalizations.
It’s not just the elderly who can suffer fall injuries, either. Falls can happen to anyone of any age, especially if they visit properties that are not well-maintained. Unfortunately, when a slip-and-fall occurs, it can cause devastating harm.
Under Alabama’s premises liability laws, property owners and occupants can be held responsible for that harm if they failed to maintain safe premises. It can be complicated to determine what a property owner’s duties are, though, and to prove they breached those obligations and owe you damages.
If you’ve suffered a fall, reach out to The Vance Law Firm Injury Lawyers for help. With decades of collective experience, we know the ins and outs of slip-and-fall cases and can put together a compelling claim to maximize your compensation. Contact us today to schedule your free consultation.
Understanding Premises Liability in Alabama
Premises liability laws establish the duties property owners have to visitors. If a property owner doesn’t live up to their obligations and someone gets hurt because of it, then the victim can pursue a claim for damages.
These duties can vary based on the reason someone is on the property. For example:
- Invitees are people invited onto a property for business purposes. Property owners owe them the highest duty of care; they must inspect the premises for problems and either correct issues or warn visitors of hazards. Note that the City of Montgomery publishes a business directory. If you were a customer at any of these businesses, you’d be an invitee.
- Licensees are invited onto the property for the shared benefit of the owner and the guest. A friend or neighbor being invited for coffee would be a licensee. Licensees are owed an intermediate duty of care, meaning property owners have to warn licensees of known defects or correct them.
- Trespassers are not invited. Alabama Code Section 6-5-345 makes clear that property owners have no real obligation to trespassers except not setting traps and exercising reasonable care not to let them get hurt due to known risks.
Under premises liability laws, it is important to understand which of these categories you fall into, as that will help shape your case. The Vance Law Firm can provide insight into your category based on why you were visiting the property.
What Is Required to Prove Negligence in a Slip-and-Fall Case?
In order to prove negligence in a slip-and-fall claim, you need to show:
- The property owner had a duty or obligation to you. That specific duty is determined based on whether you were a licensee, invitee, or trespasser.
- The property owner failed to live up to that obligation. They did not provide a safe enough space or adequate warning of the risks.
- Their failure was the direct cause of harm. In other words, the actions or inactions of the property owner must have been the thing that caused your fall.
- You suffered damages you should be compensated for. This can include physical and mental harm.
The more evidence you can collect, the easier it will be to make your case. After a fall, you should report the incident to the Montgomery Police Department so the accident is on record. You should also consider getting the contact details of witnesses and taking pictures or videos of the area where your fall took place.
When you work with an Alabama slip-and-fall lawyer, your attorney will also help you to gather other evidence, such as security camera footage, property maintenance records, and more. All of this can be used to help you make a strong case.
Alabama’s Fault Rules
Alabama is one of the very few states that still follow a legal doctrine called contributory negligence. That means if you’re found to share any of the blame for your slip-and-fall accident, you won’t be able to hold the other party accountable for your damages.
Contributory negligence can make recovering for your losses harder, which is why it’s especially important to work with an experienced slip-and-fall lawyer who can help you prove the other party was completely responsible.
Common Slip-and-Fall Injuries
Slip-and-fall injuries can cause both short-term and long-term damage. Some of the most common injuries that can result from a slip-and-fall include:
- Sprains and Strains: When you twist and turn in a fall, you can suffer a sprain or strain, especially to the wrist or ankles.
- Cuts and Bruises: Depending on the surface you fall on, you could sustain minor or serious cuts or bruises, which can sometimes cause permanent scarring.
- Bone Fractures: Broken bones—especially hip fractures—are very common due to falls, and it can take a long time to recover from them.
- Concussions and Traumatic Brain Injuries: Hitting your head can cause injury to the brain, which can be as minor as a concussion or as major as serious and lasting cognitive impairment.
- Spinal Cord Damage: A severe fall can damage the spinal cord, leading to impaired movement and sensation, or even partial or full paralysis.
You should get prompt medical attention following a fall both to treat your injuries and to document your damages. Jackson Hospital and Baptist Medical Center East are two hospitals in the Montgomery, Alabama area you might visit for help.
Damages You Can Recover in a Slip-and-Fall Case
When you experience damages due to a slip-and-fall, you should be “made whole” or fully compensated for your losses. Some of the different types of compensation you may be entitled to include:
- Medical Bills: Past medical costs and ongoing care should be covered if you have lingering injuries.
- Lost Wages: If you missed work, you should be paid for the time it took you to recover. If your future earning potential is affected by lasting injuries, you should get compensation for the reduction in your future income.
- Pain and Suffering: When you experience pain and discomfort due to a fall, you deserve to be compensated.
- Emotional Distress: Suffering a fall and coping with the injuries can cause lasting mental harm, including post-traumatic stress disorder and anxiety. The property owner should compensate you for these damages.
An Alabama personal injury can help you show the severity of your losses by gathering medical records, pay stubs, and other evidence, such as a pain journal or witness testimony.
What Aggressive Representation Means for Your Case
At The Vance Law Firm Injury Lawyers, we know that our clients need more than just an experienced attorney. That is why we like to think of ourselves as tigers—attorneys who will fiercely represent injury victims through every stage of a case. No matter how difficult your personal injury case may be, we will be there to protect your rights.
We have helped numerous clients in situations involving:
- Elevator accidents where the elevator stops short and creates an unexpected step-down
- Slippery or wet floors, often at grocery stores and other retail stores
- Large, tightly packed crowds, such as those in stores on Black Friday
- Uneven pavement, sidewalks, or other surfaces
- Stairways that are improperly maintained and have loose or uneven steps and handrails
The V Guarantee is our promise to you that, no matter what caused your slip-and-fall accident, we will work diligently to get every dollar that you deserve, and we will not charge you a fee unless we recover compensation in your case.
Contact Our Alabama Premesis Liability Lawyers
At The Vance Law Firm Injury Lawyers, we have more than 30 years of combined legal experience, giving our clients a competitive advantage in all kinds of injury cases. Make sure that you have a tiger on your side who will thoroughly investigate your case and aggressively represent you.
Schedule a free consultation with one of our personal injury lawyers today by calling us or filling out our online form.
