Alabama Slip and Fall Injury Attorney
Have you been hurt because of a slip and fall or trip and fall accident? You may not even remember exactly what happened, but all you know is that suddenly you are on the ground or in the hospital with catastrophic injuries. Whenever you are hurt in a slip and fall or trip and fall accident on someone else’s property, it is imperative to have your case evaluated by an experienced Alabama slip and fall injuries lawyer.
This is the best way to identify whether or not you are within your rights to pursue a premises liability claim and to get the help that can only be provided by an experienced and dedicated lawyer. This is especially true in cases in which you believe that the property manager or owner’s negligence played a part in what happened.
There are many different ways to define negligence, but overall it relates to the property owner or manager’s legal responsibility to ensure that an area is reasonably free and clear of hazards. If they have not removed a hazard about which they should have known or did know, then they could be held responsible in a premises liability case. Additionally, you may be able to pursue a premises liability claim for an Alabama slip and fall accident because there were no appropriate warning signs posted.
There are number of different laws that affect your ability to pursue an Alabama slip and fall injury claim. The most important of these are the comparative negligence rule and the statute of limitations deadline. Sitting down directly with an Alabama slip and fall injury attorney will give you better perspective of what is involved in pursuing a case.
Comparative Negligence in Slip and Fall Cases in Alabama
Even when you are under the impression that the property owner is to blame for your slip and fall injuries, you can expect the other side to fight back by saying that you are at least partially responsible. This is one of the most common defense tactics in slip and fall injury cases.
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When a plaintiff in a personal injury case in Alabama is found to have some portion of blame for the underlying accident, this is known as shared fault. This means that your damages may be reduced directly in accordance with your alleged role in causing the accident to happen in the first place. If a jury identifies that you are even partially to blame for your slip and fall, such as claims from the other side that you were not watching where you were going, you are still eligible to pursue compensation from the property owner.
Any damages you may receive from the court, however, could be reduced by an amount that is equal to the percentage of fault assigned directly to you. If you are found to be 50% or more responsible for the incident that caused you slip and fall injuries, you’ll be unable to pursue any compensation at all from the property owner or any other individual. Other common defense tactics used in slip and fall cases include claims that the dangerous property conditions should have been obvious to you or was appropriately expressed through signage and warning cones, that you were not paying appropriate attention or that you were near a location of the property where visitors or customers were not typically allowed when the incident occurred.
What You Need To Know About The Statute Of Limitations In Alabama?
The statute of limitations is the official law that gives a specific time limit on your ability to have your lawsuit heard in the civil court system in the State of Alabama. All slip and fall accidents fall under the statute of limitations. This means that if you suspect that someone else is negligent and responsible for the injuries you have sustained, you have a maximum of three years after the accident itself.
It also applies if you incurred property damage due to your slip and fall injury and you are asking the court to request that the defendant pay for your damages. The clock begins running immediately after your accident. If you fail to take action under the statute of limitations, you will be forever barred from pursuing a slip and fall injury claim. Knowing your rights is critical for the pursuit of a slip and fall injury claim.
If you have suffered any of the following injuries in such an accident, you deserve to have a lawyer evaluate your case and tell you more about whether or not you can file. These include:
- Broken bones
- Traumatic brain injuries and concussions
- Spinal cord damage
- Other neck and back injuries
- Some of the most common causes of slip and fall accidents that cause a person to become seriously hurt include;
- Water spills that are not cleaned up enough.
- Improper cleaning of the floor that can lead to slippery conditions.
- Inadequately maintained carpets that lead to a tripping hazard.
- Rain, snow, ice and other weather related slip hazards that are not appropriately addressed.
- Inappropriate or faulty handrails near a staircase.
When you have been the one who pays the price in the form of a serious slip and fall or trip and fall accident, you deserve to have a lawyer on your side as soon as possible.
Frequently Asked Questions in an Alabama Slip and Fall Case
It’s important to remember that slip and fall accidents can and do happen anywhere, but there are particular surfaces that are more likely to cause an accident. A sidewalk in poor condition is one of the leading causes of slip and fall accidents. Sidewalks should be free of potholes and cracks which can generate tripping risks. Rocks and gravel can also make the walking surface very unstable.
You need to sit down with your attorney to discuss the specifics of the case to identify how your individual diagnosis will impact the likely settlement amount. Each case is unique. The severity of your injuries, your lost wages, and your medical expenses will all play an important role in the determination of your slip and fall injury compensation. Only a lawyer will be able to tell you what you might expect in court and this is dependent on whether or not you can achieve success in settlement or not.
Proving negligence in a slip and fall case can be especially difficult if you don’t have the assistance of a lawyer. You must use your attorney and the evidence of the case to illustrate that:
- The property condition was dangerous and posed an accident risk
- That the property owner knew or has the reason to know about the condition on the property, and;
- That the property owner or manager had ample time to correct the problem in which he or she did not take the appropriate action to avoid injuries.
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