Do I Have a Slip & Fall Case?

There are many ways to get injured on another person’s property, but the most common is through a slip and fall, or trip and fall, accident. These are referred to as “premises liability” cases, and they are some the hardest cases to prove under Alabama law. That doesn’t mean that they are impossible, and you certainly have a right to ask for compensation if you have a been injured and need help with medical bills, lost wages, and other damages.

Premises Liability in Alabama

Most premises liability cases stem from injuries at a business, but some happen at private residences. When you go onto another person’s private property, your status as their guest has some bearing on the duties that they must protect you from harm. There are three different standards of care required.

• Business Invitee. An invitee is someone who goes into a home for the purposes of conducting business. Many homeowners have people come into their home on sales calls, to clean, or to perform other work. Even a meter reader is considered an invitee. The homeowner owes the greatest degree of care to these visitors. They must not only keep the property in a safe condition but must also warn invitees of any known dangers.
• These are “guests” in a home and are the most common type of visitor that a homeowner generally has on their premises. These people might include neighbors, friends, or co-workers who are invited into the home for a social visit or party. The homeowner has a duty to not intentionally injure a licensee and must either repair or warn of any known dangers on the property.
• These are uninvited guests onto the private property of the homeowner. A trespasser has no legal right to be on the premises and is usually there without the knowledge of the homeowner. The homeowner cannot intentionally injure a trespasser and must only warn of danger if there is a commonly used path on the property. A greater duty of care is owed to children, such as to protect them from a pool or dangerous machinery.

When the courts look at a premises liability case, they will consider several factors. First, is a dangerous condition present and known to the homeowner? Second, did the homeowner either fail to fix the condition or warn of its existence? Third, could the accident have been prevented by using a warning or some type of barrier, which the homeowner failed to use?

What If You Are Partially at Fault in the Accident?

Alabama is one of the few states that uses the harsh contributory negligence law, which could bar your claim for damages if you contributed to the accident in any way. It’s important to know this, because according to the law, the homeowner could be 99% at fault in the accident, but your 1% contribution will exclude you from collecting damages.

This law heavily favors property owners, and it is something that insurance companies and their attorneys will use to their advantage. If you have been injured on another person’s property, it’s vital that you avoid admitting fault, signing any releases, or giving a statement of any kind without first consulting an experienced Alabama personal injury attorney.

Reluctance to Sue a Neighbor or Friend

Provided you were a guest in someone else’s home and not there for business, you may not want to jeopardize your relationship with a lawsuit. This is understandable, but it’s important to look at the big picture. If you have medical bills, your health insurance company may pursue the wrongful party on your behalf if you disclose that you were injured in an accident. In most cases, the homeowner has insurance coverage that will pay the cost of your damages so that you receive the care and compensation you deserve.

Speak with a Qualified Alabama Premises Liability Attorney

If you’ve been injured on someone else’s property, you have the right to make a claim for your injuries and other damages. These are time-sensitive claims since collecting evidence may be necessary to prove your case. The office of Chip Nix, Attorney at Law, has been helping accident victims in Montgomery collect the compensation they need and deserve for more than 40 years. Contact our office now at (334) 279-7770 or reach us online to discuss your case.