Slip and fall accidents form the basis of many personal injury claims in Montgomery, AL. These accidents occur when someone trips or slips on someone else’s property in a hazardous condition. Most slip-and-fall accidents happen in a place of business, or a common area outside of a company, such as in a parking lot, but they can also occur in private homes.
Individuals involved in a slip and fall accident who sustain serious injuries can file a claim for compensation against the property owner or occupant. These cases, while common, are incredibly complex.
A premises liability lawyer at Stokes Stemle, LLC in Montgomery, AL, can help slip and fall accident victims prove their claim and seek the compensation they deserve. Contact us now for a free injury claim review.
What Do You Have to Prove in a Slip and Fall Claim?
Slip and fall accidents in Alabama are covered under a personal injury law known as premises liability. Premises liability cases are some of the most challenging to prove because there are many factors to consider. Getting injured on someone else’s property is insufficient to form a valid slip-and-fall claim.
Injured individuals must prove that the business or property owner was negligent. This means accident victims must show that the property owner failed to take action or took a step that created the hazardous condition that caused the accident. The Alabama Supreme Court has also determined that when a dangerous situation exists on a property, the owner is responsible for warning visitors about the unsafe condition.
For example, it may be slippery if a retail store owner had just mopped the floor. Although the retailer may not be required to dry the area, they could be required to warn customers of the condition by placing warning cones or signs around the wet spot.
People who are hurt on another person’s property have the burden of proof to show that they were injured due to unsafe conditions. These individuals must also show that the property owner knew of the hazardous condition or that they reasonably should have known about it.
This, too, becomes complex. In some instances, such as when a fixture on the property caused the injury or the owner created the dangerous condition, accident victims may not be required to show that the property owner should have known about the situation.
There are also a few instances in which property owners are not considered liable for injuries on their property. For example, trespassers cannot hold property owners responsible for damages. When the hazardous condition is “open and obvious,” accident victims cannot own property owners liable.
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