Slip and fall or trip and fall accidents and injuries can be generally classified as “premises liability” personal injury cases. These types of injury cases arise when a property owner or custodian of property is negligent in the maintenance, upkeep, and repair of the property that is in question. Many states have laws that require landowners to maintain their property so that it does not present an unreasonable risk of harm or injury to those that are visitors of the property. These premise liability laws often pertain to both business owners and homeowners.
In Alabama, a merchant, business owner owes a certain level of duty to persons who use his premises to exercise a reasonable level of care to keep the property aisles clear, to maintain passageways, and floors in a reasonably safe condition. This duty also includes a reasonable effort to keep the business location free of any hazardous conditions which reasonably might give rise to damage or harm.
If you or a family member are injured because a property owner or a business establishment has failed to provide a safe environment, you may have a right to bring a claim for damages that have been incurred due to your injury. In Alabama, these damages include pain and suffering, medical expenses, and lost wages.
In most instances, in the state of Alabama, the owner of the premises has in place insurance coverage to pay for any injuries or accidents that occur on their property, but only if the owner has liability for the dangerous condition that leads to the injury. It is very important to remember that immediately after an accident or injury at a business or home, the insurance company is gathering evidence to prove the premises owner not responsible. Insurance companies will work to show that the victim is partially at fault or the defendant did not know about or have enough time to properly address the hazard. Either way you will likely need a personal injury lawyer to gather enough evidence to compel a settlement or win at trial.
In Alabama, plaintiffs must file personal injury lawsuits within two years of the accident. However, consult a premises liability lawyer regarding your case so you don’t miss any important deadlines or make any procedural mistakes that could hurt your claim.
If you or a family member suffers an accident while conducting business, shopping, riding an escalator at the mall, or visiting someone’s home, contact our Florence slip and fall lawyers at McCutcheon & Hamner for a free consultation at (256) 333-5000.
