Montgomery Alabama Slip and Fall Attorney
Every year, thousands of people are injured when they slip and fall because of a rough stretch of ground, a sidewalk which is slippery or icy, and even when climbing a flight of stairs which is uneven or has something out of place. If the owner of the property knew about, or should have known about, any of these situations beforehand and did nothing to correct the problem, they may be held liable for your injuries. Such injuries aren’t limited to outside private residences – they can happen in commercial areas such as shopping malls, hotels, restaurants, and many other public places. If you suffered an injury in a commercial location such as a store or a restaurant, the business itself can be sued to recover damages. These situations can be extremely difficult to prove, so it is imperative that you speak with an experienced Alabama premises liability lawyer right away, so you increase the possibility that you will receive the damages you deserve.
When slip and fall injuries occur, the first thing that must be determined is whether or not you as the victim were careless in your actions, and whether you contributed to the occurrence of the accident. This is an important point because it is often one that the property owner or manager will use in his own defense. Providing that you in no way contributed to the cause of the accident, your case then rests on proving legal the responsibility of the homeowner or business owner. Proving legal responsibility requires a deep understanding of Alabama premises liability law and the experienced legal team at Chip Nix, Attorney at Law can help you prepare your case to assure your best chance of recovering the compensation you deserve.
Here are some of the points which need to be considered in determining responsibility:
- Did the owner know about the dangerous condition, and did they do anything to attempt to resolve the issue?
- Should the owner have known about the dangerous condition?
- How long did the dangerous condition exist, and was there time enough for the owner to have implemented a solution to the problem?
- If the owner did at least make an attempt to resolve the problem, were their actions reasonable and adequate to handle the issue?
- If the owner did not know about the dangerous condition, are there any circumstances which suggest that they should have known about it, and should have taken steps that a reasonable person would have to alleviate the issue?
- Did the owner in fact actually create the condition which ultimately led to the accident?
When judges and juries consider the crucial question of liability in such cases, their overriding principle is one of common sense. If it can be proven that an owner did not take appropriate steps to manage a dangerous situation, ignored obvious signs that a dangerous situation may exist or simply denies knowing about a dangerous situation that was obvious, a judge or jury is more likely to rule against them. The interpretation of the law is always that the owner must make an ongoing effort to maintain safe grounds around their property, that it must be clean and unobstructed, and that it complies with all appropriate public codes.
What kind of damages can be collected?
If a homeowner or business owner is proven to be legally liable for the accident which caused your injury, they will be obliged to pay all associated damages, including your medical bills, lost wages due to missed work, and compensation for pain and suffering. It’s fairly easy to calculate the cost of the first two because both can be documented by invoices and pay statements.
The formula gets much trickier when pain-and-suffering must be calculated because there are no real guidelines on the subject, other than some commonly used estimates. In most cases, the actual compensation awarded for pain-and-suffering will be a negotiated amount between lawyers, unless you pursue a trial all the way through to a jury decision.
In this situation, if you should win the case the jury itself will settle on a dollar value to be associated with pain-and-suffering, as it was described and documented during the proceedings of the trial. When a trial reaches this point, the jury will base its decision on how great the injuries are to you, and what their impact is on your lifestyle, both now and in the future.
What should you do immediately after a slip and fall in Alabama
Under the best of circumstances, a slip and fall accident can leave you confused and disoriented and under the worst of circumstances, a slip and fall can leave you severely injured. If you are injured as a result of a slip and fall you should:
- Seek medical attention – even if you don’t feel as if you were injured, many injuries can present symptoms hours, sometimes days, later.
- If possible, take pictures of the scene – Try to document the cause of your slip and fall. Be sure to capture the surrounding areas, as well as the actual cause of your accident. Notice if there were any signs or barriers around the area where the accident occurred.
- Document any witnesses that may have seen your accident – Record names and contact information for anyone who may have seen you fall. Be sure to ask about whether any of the witnesses heard any conversation about the area responsible for your fall.
Legal representation for Alabama slip and fall cases
If you’ve been injured in by a slip or fall, and you feel that the property owner was negligent about making conditions safe for you on that property, you should contact the legal firm which has more than 40 years of experience in handling such cases – Chip Nix, Attorney at Law. Our firm provides legal representation that you can count on to get you the full amount of compensation you are entitled to because Attorney Nix is well acquainted with every aspect of Alabama personal injury cases. If you have a serious injury, you need a serious lawyer to work on your behalf! Contact Chip Nix, Attorney at Law at (334) 279-7770 or contact us online.