If you slipped and fell on someone else’s property, are you entitled to financial compensation? While many people believe that the answer is simply “Yes,” the reality is that it is a bit more complicated.

To be clear, many people who suffer slip-and-fall injuries do have claims for compensation. But not every accident qualifies, and it is critical to ensure that you are making informed decisions about your legal rights. So, when can you file a premises liability claim in Alabama? Birmingham slip-and-fall attorney Tracy W. Cary explains:

Slip-and-Fall Accident Claims Require Proof of Negligence

When it comes to filing a claim for a slip-and-fall accident, simply proving that you were injured on someone else’s property is not enough. This is because property owners are not liable for all accidents under all circumstances in Alabama. Instead, to establish that you are entitled to financial compensation, you must be able to prove that your accident was the result of the property owner’s (or tenant’s) negligence.

Let’s consider a common scenario: You are patronizing a business when you unexpectedly slip and fall. You are injured in the fall, and you suddenly find yourself facing a mountain of medical bills while you are unable to work and living with pain on a daily basis.

What are your legal rights?

The answer to this question depends on why you slipped and fell. In order to file a premises liability claim, you must be able to prove that the property owner’s (or tenant’s) negligence is to blame for your injuries. Generally speaking, slip-and-fall accident victims can prove negligence in one of three ways:

  • Actual Notice of the Slip-and-Fall Hazard – The first way is to show that the property owner or tenant had actual notice of the slip-and-fall hazard that caused your injuries. If the property owner or tenant was aware of the hazard and failed to do anything about it, this can provide strong grounds for a claim for just compensation.
  • Constructive Notice of the Slip-and-Fall Hazard – Even if the property owner or tenant did not have actual notice of the slip-and-fall hazard, it can still be held liable for negligence if it should have known of the hazard’s existence. This is known as “constructive knowledge” under the law, and it can also serve as the basis of a claim for negligence.
  • Delayed Discovery or Response – When a property owner or tenant is aware (or should be aware) of a slip-and-fall hazard, it must act promptly to protect the public’s safety. If a business fails to promptly discover a hazard or promptly address a hazard it has discovered, this can justify a claim based on negligence as well.

In some cases, remedying a slip-and-fall hazard will mean cleaning it up right away. But, if an immediate cleanup is not possible, then it may be sufficient to warn the public of the hazard by placing signs or cones. However, this is not always necessarily enough. For example, in one case, an Alabama court held that there was a legitimate question of fact as to whether the defendant’s placement of warning signs “in the area” of a wet floor was enough to provide an adequate warning to a plaintiff who slipped and fell “within a few feet” of one of the signs.

Proving the Damages You Are Entitled to Recover

But, even if you can prove that the business where you slipped and fell was negligent, this is just the first step toward proving your legal rights. If you have a premises liability claim, you also need to prove the damages you are entitled to recover.

Individuals who have slip-and-fall claims in Alabama can seek just compensation for all of the costs they incur as a result of their injuries. This includes common financial costs such as:

  • Medical bills
  • Medical supplies and prescriptions
  • Transportation costs and other out-of-pocket expenses
  • Loss of income and benefits

Depending on the severity of your injuries, your job, and how long you will be unable to work, these costs could be substantial. They could also represent just a small portion of the damages you are entitled to recover.

Many individuals who suffer serious injuries in premises-related accidents are forced to live with various non-financial consequences as well. If you are now living with pain on a daily basis, if you are unable to enjoy your hobbies, or if you are unable to enjoy spending time with your spouse or children, these are all “costs” you are entitled to recover. In many cases, just compensation for these costs will be determined based on a multiple of the victim’s financial losses—which means that they will make up the substantial majority of the victim’s claim.

Documenting Your Premises Liability Claim After a Slip-and-Fall Accident in Alabama

From proving negligence to proving how much you are entitled to recover, documentation is the key to successfully asserting your legal rights after a slip-and-fall accident in Alabama. With this in mind, if you think you may have a premises liability claim, you should be sure to keep any photos or videos you took at the accident scene. These could be key evidence in support of your claim for just compensation.

You should start a file for your medical and employment records as well. You should also write down as many details as you can remember, and you should continue to document your injuries’ day-to-day effects on an ongoing basis. You should also speak with a Birmingham slip-and-fall attorney promptly, as you will need your lawyer to conduct an investigation and preserve any remaining evidence before it disappears.

Request a Free Consultation with a Birmingham Slip-and-Fall Attorney Today

Do you need to know more about filing a slip-and-fall accident claim in Alabama? If so, we strongly encourage you to get in touch. To request a free consultation with an experienced Birmingham slip-and-fall attorney, give us a call at 205-855-2745 or tell us how we can help online today.