Slip and Fall

Baxley Maniscalco Injury Attorneys

Baxley Maniscalco Attorneys At Law

Alabama Slip and Fall Lawyer

Slip and fall accidents occur when a person slips, trips, or falls due to a dangerous or hazardous condition on someone else's property. Common places where these types of accidents occur include supermarkets, shopping centers, parking lots, sidewalks, and staircases. According to data from the Occupational Safety and Health Administration (OSHA), slips, trips, and falls are among the leading causes of workplace injuries and deaths.

The property owner or operator may be liable for a slip and fall accident if they knew or should have known about the dangerous condition and failed to take reasonable steps to fix it or warn visitors about it.

A tenant in a building may also be liable if they caused the dangerous condition or knew about it and failed to warn others or fix it.

If the injured person was trespassing on the property, the property owner may not be liable for the accident. However, if the property owner knew or should have known that trespassers were likely to be on the property, they may still have a duty to take reasonable steps to protect them from harm.

If you slip and fall on someone’s property while visiting socially, to shop, or while on the job due to negligence, you likely have a claim to be paid for your injuries and other damages.

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Common Hazardous Conditions Leading to Premises Liability Cases

1. Wet or slippery floors

This can be caused by a spill that was not cleaned up, a leak in the ceiling, or a lack of mats or warning signs in areas where the floor is likely to be wet.

2. Uneven or cracked pavement

This can include broken or raised sidewalks, potholes in a parking lot, or uneven stairs.

3. Poor lighting

This can make it difficult to see obstacles or changes in elevation, such as steps or curbs.

4.Obstructions in walkways

This can include items left on the floor, such as boxes or debris, or items hanging from the ceiling, such as pipes or wires. In the context of the workplace, this can include electrical cords on the construction site.

5. Inadequate handrails

This can include missing or loose handrails on staircases, or handrails that are too low or too high. This can also include open-sided floors, mezzanines, or roofs.

6. Neglected building maintenance

This can include broken tiles, missing or loose floorboards, or peeling paint on steps. This can also include stairs that are worn, damaged, or not properly maintained.

7. Inclement weather

This can include snow or ice on sidewalks or parking lots that has not been cleared or treated, or standing water in a parking lot.

8. Elevator or escalator malfunctions

This can include sudden stops, sudden starts, or changes in speed, can cause someone to lose balance and fall.

These examples are not exhaustive, but they represent common hazards that can lead to slip and fall accidents. OSHA has standards and regulations to help prevent slip, trip and fall hazards in the workplace. Employers are responsible to provide a safe working environment, they should implement safety programs, provide training and have regular inspections to identify and correct hazards.

Common Injuries Resulting from a “Slip and Fall” Accident

Slip and fall accidents can result in a wide range of injuries, some of which can be serious and long-lasting. Common injuries that result from slip and fall accidents include:

Fractures: This can include broken bones in the arms, legs, ankles, wrists, or hips.
Head injuries: This can include concussions, traumatic brain injuries, or skull fractures.
Spinal cord injuries: This can include herniated disks, sprains, or fractures of the vertebrae.
Soft tissue injuries: This can include sprains, strains, or tears in the muscles, ligaments, or tendons.
Back injuries: This can include strains, sprains, or herniated disks.
Knee injuries: This can include sprains, strains, or tears of the ligaments or cartilage.
Shoulder injuries: This can include sprains, strains, or dislocations of the shoulder joint.
Wrist injuries: This can include sprains, strains, or fractures of the wrist.
Cuts and bruises: This can include scrapes, lacerations, or contusions.

These injuries can range from minor to severe, and some may require extensive medical treatment, physical therapy, or surgery. In some cases, the injuries may be permanent and may affect the individual's ability to work or perform daily activities. In the most severe cases, slip and fall accidents can also result in death, particularly if the individual sustains a severe head injury or spinal cord injury.

If a person who is taking blood thinner suffers a fall, the consequences can be particularly severe, due to their heightened risk factors.

What to do After a Slip and Fall Accident in Alabama

If you have been in a slip and fall accident in Alabama, there are a few steps you should take to protect your legal rights and to ensure that you receive the medical care you need.

Seek medical attention right away: Even if you don't think you're seriously injured, it's important to see a doctor as soon as possible. Some injuries, such as head injuries or spinal cord injuries, may not be immediately apparent. It's also important to document your injuries for any potential legal claim.
Report the accident: If the accident occurred in a public place or a business, it's important to report the accident to the property owner or manager as soon as possible. It's also a good idea to ask for a copy of the accident report.
Take pictures and gather information: If possible, take pictures of the scene of the accident, including any hazards that may have contributed to your fall. Collect the contact information of any witnesses who saw the accident.
Keep records: Keep detailed records of all expenses related to the accident, including medical bills, lost wages, and any other costs.
Stay off social media. Don’t make any public posts about what happened. This content could be used against you in the case.
Consult with an attorney: Consider consulting with an attorney experienced in slip and fall cases. They can advise you on your legal rights and help you navigate the process of filing a claim.

It's important to note that Alabama has a statute of limitations of two years from the date of the accident to file a claim for personal injury. This means that if you don't file a claim within two years, you may lose your right to recover compensation for your injuries.

It's important to act promptly and gather as much evidence as possible while the incident is fresh in your memory and the evidence is still available. An attorney can help you navigate the process and ensure that your rights are protected.

How to Prove Negligence in an Alabama Slip and Fall Premises Liability Case

In an Alabama premises liability case, the injured person (plaintiff) must prove that the property owner (defendant) was negligent in order to recover compensation for their injuries. “The mere fact that a business invitee is injured does not create a presumption of negligence on the part of a premises owner.” Hose v. Winn-Dixie Montgomery, Inc., 658 So.2d 403, 404 (Ala.1995). 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.”

To prove negligence, the plaintiff must show four things:

Duty of care: The plaintiff must show that the property owner had a duty to take reasonable steps to keep the property safe for visitors. “The owner of a premises owes a duty to business invitees to use reasonable care and diligence to keep the premises in a safe condition, or, if the premises are in a dangerous condition, to give sufficient warning so that, by the use of ordinary care, the danger can be avoided.” Kmart Corp. v. Basset, 769 So.2d 282 (Ala. 2000).
Breach of duty: The plaintiff must show that the property owner failed to take reasonable steps to keep the property safe. This can be shown by evidence of a dangerous condition on the property that the property owner knew or should have known about, and that they failed to fix or warn visitors about.
Causation: The plaintiff must show that the property owner's failure to take reasonable steps caused the plaintiff's injuries. This means that the dangerous condition on the property directly caused the plaintiff to fall and sustain injuries.
Damages: The plaintiff must show that they suffered actual damages as a result of the fall, such as medical expenses, lost wages, or pain and suffering.

In Alabama, contributory negligence is a legal doctrine that may bar a plaintiff from recovering damages if they are found to have contributed to their own injuries. Under this doctrine, if a plaintiff is found to be even slightly at fault for an accident, they will be barred from recovering any damages from the defendant, regardless of how negligent the defendant may have been.

For example, if a plaintiff slips and falls on a wet floor in a grocery store, but it is determined that they were not paying attention or were distracted at the time of the fall, they may be found to have contributed to their own injuries and will be barred from recovering damages from the store owner.

This doctrine is different from the comparative negligence doctrine, which reduces the plaintiff's recovery by the percentage of fault attributed to them, instead of bar the recovery.

In Alabama, the contributory negligence doctrine applies in slip and fall cases as well as other types of personal injury cases.

Some states have abandoned this doctrine in favor of comparative negligence. Alabama is one of the few states that still adheres to the contributory negligence doctrine. This means that the plaintiff must prove that they were not negligent in any way in order to recover for their injuries.

It's important to consult with an attorney who has experience in Alabama personal injury laws, to help you navigate the legal process. Frequently, insurance adjusters and corporate defendants will try to assert that the plaintiff was contributorily negligent in order to avoid paying for the plaintiff’s injuries. An experienced Alabama premises liability attorney knows how to call their bluff and get the case to a jury.

A Property Owner Owes A Different Duty of Care to Different Categories of Individuals

In a premises liability case in Alabama, a property owner or occupier may owe a duty of care to three different classifications of individuals. For your slip and fall case, it is important to determine which class of person you fell into at the time of your injury.

Invitees: An invitee is a person who is on the property with the express or implied permission of the property owner or occupier. This includes customers in a store, patients in a hospital, or guests in a hotel. A property owner or occupier owes a duty of care to invitees to take reasonable steps to keep the property safe and to warn of any known hazards.
Licensees: A licensee is a person who is on the property with the express or implied permission of the property owner or occupier, but for their own purposes. This includes social guests, or other people who are on the property for non-business reasons. A property owner or occupier owes a duty of care to licensees to warn of any known hazards that are not obvious.
Trespassers: A trespasser is a person who is on the property without the permission of the property owner or occupier. A property owner or occupier generally owes a minimal duty of care to trespassers, which is to not intentionally harm them or create a trap that would be likely to cause them harm.

It's important to note that each situation is unique and the duty of care owed to each type of visitor may vary depending on the circumstances of the case. It's important to seek legal advice from an attorney who is familiar with the laws of Alabama, to know the specific duty of care that may be owed to you in your case.

What is a Falling Merchandise Case Under Alabama Law?

A falling merchandise claim in Alabama refers to a type of premises liability claim that arises when a customer is injured by merchandise that falls from a store's shelves or displays. These types of accidents can occur when items are not properly secured, stacked or displayed, or when there is a failure in the shelving or racking system.

In a falling merchandise claim, the customer (plaintiff) must prove that the store owner (defendant) was negligent in order to recover compensation for their injuries. To prove negligence, the plaintiff must show that the store owner knew or should have known about the dangerous condition, and that they failed to take reasonable steps to fix it or warn customers about it.

Common Issues Slip and Fall Plaintiffs May Encounter in Trying to Prove Their Case

There are several situations where a plaintiff may have trouble winning their slip and fall case. Here are a few examples:

Lack of evidence: The plaintiff may have difficulty proving their case if they do not have enough evidence to show that the defendant was negligent. This may include a lack of photographs of the scene of the accident, a lack of witness statements, or a lack of documentation of the plaintiff's injuries.

This is one reason to get an experienced premises liability attorney involved quickly, as they will know how to act fast to preserve the evidence needed to win your case. At Baxley Maniscalco, we immediately demand that audio and video evidence of the accident be preserved as soon as we get involved in the case. We also order accident reports and interview witnesses to make sure that crucial information does not go missing.
No prior knowledge: If the defendant can prove that they had no prior knowledge of the dangerous condition that caused the plaintiff's fall, they may not be held liable. For example, if the plaintiff slips and falls on a wet floor that was just mopped, but the defendant had no knowledge of the wet floor, they may not be liable.

Our premises liability attorneys have experience combing through corporate policy and procedure manuals to determine where store managers and employees may have failed to follow appropriate protocols to protect the public from injury.
The dangerous condition was open and obvious: If the dangerous condition that caused the plaintiff's fall was open and obvious, the defendant may not be liable. For example, if the plaintiff slips and falls on a wet floor in a store, but there were clearly visible signs warning of the wet floor, the defendant may not be liable.

We’ve found that defendants like to assert this defense a lot, but in many cases it does not have merit. We know the caselaw in this area, and know how to demonstrate to insurance adjusters that they will end up paying on the claim and they’ll save money by not trying to dodge paying our plaintiff fairly.
Plaintiff's own negligence: If the plaintiff's own negligence contributed to their fall, the defendant may not be liable. For example, if the plaintiff slips and falls on a wet floor in a store, but it can be proven that the plaintiff was not paying attention or was distracted, they may not be able to recover damages from the store owner.

This is another one that’s often asserted by the defense, but doesn’t usually hold up. A wet floor is a hazardous condition whether or not the plaintiff was “paying attention”. If it wasn’t marked with a bright yellow sign, the defendant is very likely liable for the plaintiff’s injuries.

These are just a few examples of situations where a plaintiff may have difficulty winning their slip and fall case. Every case is different, and the outcome will depend on the specific facts and circumstances of each case. Our experienced Alabama premises liability attorneys can help you to prove your claim and fully document your injuries.

How Much Time Do You Have To File A Slip and Fall Claim in Alabama?

According to Alabama Code Section 6-2-38, the statute of limitations for a premises liability case is two years from the date of the accident. This means that if you have been injured in a slip and fall accident on someone else's property, you have two years from the date of the accident to file a civil claim for compensation.

If you fail to file your claim within the statute of limitations, you may lose your right to recovery any damages. So it's important to seek legal advice as soon as possible after the accident, to ensure that you don't miss the deadline.

Be aware that many insurance adjusters will deliberately try to run out the clock on injured plaintiffs, repeatedly asking for “more medical documentation” or other paperwork to help them “evaluate the claim”, with no actual intention of ever making a fair offer of settlement. It’s best to avoid running up on the deadline of the statute of limitations and consult with an attorney right away after you’ve been injured in a slip and fall incident.

How an Alabama Personal Injury Attorney Can Help With Your Slip and Fall Claim

An Alabama personal injury attorney can help with your slip and fall claim in several ways:

Investigating the accident: An attorney will investigate the accident by gathering evidence such as photographs of the scene, witness statements, and any security footage that may be available. They will also review any relevant documents such as the property owner's maintenance records.
Proving negligence: An attorney will help you to prove negligence by the property owner or occupier by showing that they failed to take reasonable steps to keep the property safe, and that this failure directly caused your injuries. They will also help you to prove any damages you sustained as a result of the accident, including medical expenses, lost wages, and any other financial losses.
Negotiating a settlement: An attorney will negotiate with the insurance company or the property owner to reach a settlement that is fair and just compensation for your injuries and losses. They will help you to understand the settlement offer and advise you on whether to accept or reject it.
Going to trial: If a settlement cannot be reached, an attorney will help you to prepare your case for trial. They will gather and present evidence, call witnesses, and make arguments on your behalf to prove your case to a jury.
Helping you to understand the law: An attorney will help you to understand the complex laws related to premises liability in Alabama, including the statute of limitations, the doctrine of contributory negligence and any other legal doctrines that may affect your case.
Representing you in court: An attorney will represent you in court, which can be a stressful and confusing process. They will be your advocate and guide you through the legal process to help you get the best possible outcome.

At Baxley Maniscalco, we will help you with every step of the recovery process from a slip and fall injury. We will assist you in arranging medical treatment without having to pay out of pocket, we will negotiate with insurance adjusters on your behalf and gather medical documentation to demonstrate the extent of your injuries. If it’s necessary, we will file a lawsuit and take your case to trial to ensure you are paid fully and fairly for your injuries, lost wages, and pain and suffering resulting from the fall.

we never settle cheaply.

Our experienced Alabama slip-and-fall attorneys will fight to get you the compensation you deserve for your injuries and counterattack mediation by the defense with vigor.

Here's what we can do for you:

Investigate your accident and gather evidence.
Prove negligence by the property owner.
Negotiate a fair settlement with the insurance company.
Take your case to trial, if necessary.
Help you understand Alabama's slip and fall laws.
Guide you through the legal process.

We'll help you recover from your injuries and get back on your feet.

Call or text us now at (256) 770-7232 to get started with a free and confidential consultation.