Premises liability cases involve an accidental injury on another person’s property due to the property owner’s negligence. These cases usually involve a dangerous or defective condition that causes someone to slip and fall or trip and fall.
If you were injured in a slip-and-fall accident, the legal team at Siniard Law, LLC can help. Our Huntsville slip and fall lawyers have extensive experience handling these types of cases. We can guide you through the legal process so you can focus on your recovery. Contact us today for a free, no-obligation consultation to learn about your legal rights and options.
How Our Injury Lawyers Can Help with Your Premises Liability Claim
Slips and falls can result in serious injuries. Right now, your health is the top concern. While you focus on your recovery, our premises liability lawyers can help build your claim by:
- Investigating the accident to determine how the slip and fall occurred and identify all of the responsible parties
- Gathering and preserving strong evidence in your case
- Reviewing insurance policies that apply to your path and exploring various avenues to recover compensation for you
- Communicating with insurance companies and other parties on your behalf
- Managing claim paperwork and case deadlines
- Negotiating for fair compensation for your claim
We can answer any questions you have throughout the process.
Call us today to schedule a free consultation to learn how we can guide you through the legal process and provide exceptional legal representation every step of the way.
Common Causes of Slips and Falls
Slips and falls typically occur because of dangerous conditions on the property, such as:
- Wet floors caused by tracking in rain or snow or spilled liquids that were not promptly cleaned up
- Slippery or recently waxed floors
- Broken handrails
- Broken stairs or steps
- Potholes or cracked pavement
- Uneven floors
- Torn carpet or damaged floors
- Poor lighting
- Food or other items that have fallen onto the floor and have not been cleaned up
- Building code violations
- Cluttered walkways
- Lack of warning signs to alert visitors to known hazards
When you are injured because of a hazardous condition that an irresponsible party allowed to exist on their property, an experienced personal injury lawyer can help fight for the compensation you are due.
What to Do After a Slip and Fall Accident
Knowing what to do in the immediate aftermath and the weeks and months following a slip and fall accident can be helpful. The steps you take now can impact your legal claim. If you were injured in a slip and fall accident, take these steps to protect your legal rights:
Notify the Property Owner
Whether you fell on public property, a business, or a friend’s house, you must notify the property owner or the person responsible for the property as soon as possible. This can help create a record of the incident and establish the link between the fall and your injuries.
Seek Medical Attention
If you notice right away that you are injured, seek medical attention. You can call for an ambulance at the scene of the accident.
However, not all injuries have symptoms that are immediately apparent. If you notice symptoms after the accident, seek medical treatment right away. Mention the slip and fall to your medical provider and the symptoms you are experiencing.
Document the Scene
The property owner may quickly remedy the dangerous condition once they realize that you were harmed and they could be liable for your injuries. For this reason, you will want to promptly document the scene.
Take pictures of the hazardous condition that harmed you, as well as wide shots that show there were no warning signs. Ask witnesses for their names and contact information so your lawyer can follow up with them later to get their statements. Make a mental note of any surveillance cameras that may have captured the incident.
Contact an Experienced Slip and Fall Attorney
Protect your legal rights and get the peace of mind you deserve by reaching out to an accident law firm that handles premises liability claims.
What We Must Prove to Win a Slip and Fall Case
To win a personal injury case, you must prove each element by the preponderance of the evidence, meaning that the facts are more likely than not the way you allege.
In Alabama, the elements of proof depend on the purpose of the injured person’s trip to the property. Alabama law holds property owners to a higher standard when the visitor is on the premises for their benefit or financial gain.
In Alabama, there are three potential classifications of visitors:
Invitees
If the person was on the premises for the material benefit of the property owner, then that person is considered an “invitee.” Invitees are owed the highest duty of care to prevent injuries. The typical example of an invitee is when a person goes to a store to buy items.
If the injured person is an invitee, we must prove the following legal elements:
- There was a dangerous condition on the property
- The property owner knew of or should have known of the dangerous condition
- The dangerous condition caused you to fall
- The owner did not take reasonable measures to warn about or fix the dangerous condition.
In addition, we must be able to show that the dangerous condition was not “open and obvious” to the injured person.
Licensees
If the person was on the premises but not for the material benefit of the property owner, then that person is a “licensee.” A typical example is someone who is injured while at a social event at another person’s home.
If the injured person is a licensee, we must prove that the owner knew of the dangerous condition and failed to take reasonable measures to prevent injury. Proving actual knowledge of the danger can be difficult, but we have handled such cases.
Trespasser
If the injured party did not have permission or a legal right to be on the property, they are considered a “trespasser.” Property owners generally do not have any legal responsibilities to trespassers, except they are not allowed to intentionally harm them. However, special rules apply to children who are uninvited onto a property because they may not appreciate the risks based on their young age and lack of maturity.
How We Prove Slip and Fall Cases
The first step is gathering evidence of the dangerous condition. For example, if stairs are in a dangerous condition, we want to take measurements and photos. If you slipped on something, we want to gather information about the substance and contact witnesses. We might advise you to keep the clothes and shoes you were wearing at the time of the slip because they might contain valuable evidence.
In addition, we send the business a spoliation letter, which requires them to preserve any evidence such as surveillance video footage. Spoliation letters can be extremely important to secure evidence to win the case. If the property owner or manager destroys the evidence they were instructed to preserve, it can be presumed that they were trying to hide something and can be held liable for the injuries.
Once we gather the evidence and you complete medical treatment, we try to negotiate with the insurance company. If they refuse to accept liability, we then pursue the case in court if we believe there is sufficient evidence to win the case.
Injuries from Slip and Fall Cases
The most common injury we see from slip and falls or trip and falls are fractures. We have handled cases involving fractured femurs, pelvises, tibial plateaus, ulnas, collarbones, and tailbones. When an unexpected fall occurs, many people do not have time to brace themselves for impact. When that is the case, fractures happen.
We have also handled cases involving torn ligaments or tendons. In one slip and fall case we handled, our client suffered a torn rotator cuff, torn meniscus, and a torn ACL. Slips and falls can result in other serious injuries, such as traumatic brain injuries, neck injuries, spinal cord injuries, and head injuries. In the most tragic cases, slips and falls can even result in the victim’s death.
How Are Slip and Fall Lawyers Paid?
Our personal injury attorneys are only paid if we win your slip and fall injury case. We work on a contingency fee basis, which means we are paid a percentage of the settlement only if we win your case.
Depending on the facts of your particular case, that contingency fee can be anywhere from 33.3% to 40%. The factors determining the fee percentage include the degree of difficulty of the case and whether the case is settled pre-suit or must be litigated. We can explain our contingency fee arrangement when you call for your free case review.
Businesses We Have Had Success Against
We have settled slip-and-fall cases against many large businesses, including Wal-Mart, Dollar General, KFC, Logan’s Roadhouse, Home Depot, McDonald’s, and many others. In every case, the insurance company refused to consider a settlement in the early stages.
Here are some of our notable settlements in cases involving injuries from slips, trips, or falls:
- $550,000 settlement in a case involving permanent injuries due to a slip on a wet floor at a fast food chain
- $520,000 settlement involving multiple surgeries due to a tripping hazard
- $125,000 settlement involving shoulder surgery due to a wet floor at a retail store
- $250,000 settlement involving a fractured hip and arm due to a tripping hazard at a nursing home
Every slip and fall case is different. An experienced attorney can review your case and explain its potential value.
What Is My Slip and Fall Case Worth?
The potential value of your slip and fall claim will depend on several factors that are specific to your case, such as:
- The types of injuries you suffered
- The severity of your injuries
- The duration and cost of your medical treatment
- Whether your injuries caused you to lose work or resulted in a permanent disability
- The pain and suffering you endured
- The insurance coverage available for your claim
- Who the defendant is
- The strength of evidence in your case
- Whether an experienced lawyer represents you
To learn about the potential value of your case, contact our slip and fall accident lawyers today.
What Damages Can I Recover in a Slip and Fall Insurance Claim?
If someone else’s negligence caused your injuries, Alabama law allows you to seek compensation for the damages you suffered. These damages are generally broken down into two categories:
Economic Damages
Economic damages are the financial losses you suffer because of the accident. This could include losses like:
- Medical expenses for emergency treatment and transportation, hospital stays, and surgeries
- Ongoing costs of medical care, including doctor’s visits, specialist visits, and medication
- Rehabilitation and physical therapy
- Property damage (such as if your phone in your pocket broke when you fell)
- Lost wages
- Reduced earning capacity
These also include future losses, such as future medical expenses and earnings.
Non-Economic Damages
Non-economic damages compensate accident victims for the intangible losses they suffer, such as:
- Pain and suffering
- Emotional distress
- Permanent disabilities and impairment
- Disfigurement and scarring
- Loss of enjoyment of life
These damages are more difficult to quantify, so it is essential to work with an experienced lawyer who can help establish the full extent of your damages and seek maximum compensation from the responsible parties.
How Long Do I Have to File a Personal Injury Lawsuit in Alabama?
Like other states, Alabama has a statute of limitations that sets a time limit for filing a personal injury lawsuit. In most cases, this deadline is two years from the date of injury. That means that you generally will have until the second anniversary of the accident to file a lawsuit.
Some exceptions may make this deadline shorter or longer. For example, if you fell on public property, you would have less time to file a complaint against the government. In these cases, you only have six months to make your premises liability claim. It is essential to work with a skilled lawyer who knows the deadline in your case and can take timely legal action.
Let Us Get to Work on Your Slip and Fall Case
If you or a loved one has been injured due to a dangerous condition on someone else’s property, please reach out to Siniard Law, LLC for help. Our compassionate personal injury attorneys know what you are going through and are here to help you in every way we can.
Call us today or fill out our online contact form to schedule a free consultation with one of our skilled accident attorneys.