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. many times these premise liability laws 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.
Premise liability cases can include:
- slip and fall incidents which can be caused by unsafe property conditions
- slip and falls at commercial establishments which can be caused by liquids or foreign substances
- assaults by employees or other business patrons’ construction site accidents, business owners and property owners that have a duty to provide a safe environment for individuals on their premises
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.
If you or a family member have been involved in a slip and fall or trip and fall accident, you should:
- avoid offering any detailed statements concerning fault
- gathering any names of owners and managers of property where accident occurred
- write down names and phone numbers of any witnesses to accident or injury
- take good pictures of accident scene and injuries
- save footwear and clothing you were wearing when incident occurred
- seek immediate medical attention if injured
- do not give any recorded statements to insurance adjusters
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. 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 accident and injury attorneys at McCutcheon and Hamner, Accident and Injury Lawyers for a free consultation at 256.333.5000.