Thursday April 04, 2019 | Category: Personal Injury
There are several types of personal injury claims that result in harm. One type of personal injury claim that is commonly known is the slip or trip and fall case. These accidents typically occur when a victim is hurt on another’s property. Slip and fall cases are referred to in the legal community as premises liability claims and are governed by Alabama common law if the accident occurred in the state.
Premises liability is a legal theory that comes into play in personal injury cases where the victim’s injury was caused by a defective or unsafe condition that was present on another’s property at the time of the accident. A slip and fall – or trip and fall – accident can happen in many places. Some examples include the accident occurring inside or outside of a building, on sidewalks, in parking lots, on entryways, and in yards, among other places. Generally, this type of personal injury claim alleges the injury was caused by debris or liquids on the floor, uneven or defective flooring, falling merchandise, poor lighting, and/or other dangerous conditions on the property. Often times these dangerous conditions can be traced to violations of building or life safety codes under applicable Alabama law.
Alabama premises liability cases can be some of the most difficult to prove under state law. This is because there are several factors that must be considered to determine whether or not an injured victim has a valid claim against an Alabama property owner or business. The mere fact that an injury occurred on the property is not – in and of itself – enough to have a valid claim. Simply put, a victim must show that the business or property owner’s actions – or failure to act – caused the accident.
In order to have a valid premises liability claim in Alabama, the injured victim must be able to establish that the property owner (1) owed a duty to keep the property in a condition reasonably safe from hazards, (2) the owner breached that duty, (3) the breach was the actual and legal cause of the accident that resulted in injuries, and (4) the injuries resulted in damages to the victim. Under Alabama law, the owner of a property has a legal duty to use reasonable care and diligence to keep the premises in a safe condition. If a dangerous condition exists on the premises, the owner owes a legal duty to give sufficient warning to others so that the danger can be avoided by the use of ordinary care.
If you or a loved one has been hurt in a Mobile, Alabama slip and fall or trip and fall accident, the Mobile personal injury attorneys at Stevenson Klotz Law Firm are here to help. Our legal team has fought for the rights of the injured in Mobile and across the state of Alabama. We are ready to fight for you, too. Contact us today to schedule your initial case evaluation with one of our skilled Mobile Alabama personal injury attorneys.
Following graduation from Cumberland School of Law at Samford University, Eric Stevenson held a number of positions including Assistant State Attorney in the First Judicial Circuit of Florida. Eric has been practicing with partner Christopher Klotz since 2015 litigating personal injury and car accidents in Alabama and Florida.