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