A slip and fall lawsuit involves injuries that are caused by liquid or debris on floors, uneven floors, defects in floors, and other hazardous conditions. This generally happens when you slip and fall on someone else’s residential or commercial property. In most cases these falls are a result of the owner’s negligence which resulted in the fall happening. If you slip and fall on someone else’s property due to their negligence you may be entitled to compensation for your injury and other damages. This injury can range anywhere from a wet floor in a grocery or department store to a slippery sidewalk.
Many of these injuries are a result of a property owner not repairing areas that they know may be a hazard or even due to an owner being aware of a hazardous area but not warning people of the hazard. The result of this type of injury could lead you to have a premises liability claim.
Slip and fall injuries can be more serious the older you get. Hip fractures, broken bones, spinal cord injuries, concussions, and traumatic brain injuries are all very common types of injuries that result from a slip and fall. There are a number of different legal rules that will play a role in a slip and fall lawsuit. The two most important rules are the contributory negligence rule and the statute of limitations. The statute of limitations for a slip and fall in Alabama are governed by Alabama Code § 6-2-38.
The Code states that there is a two year deadline for all actions for any injury to the person or rights of another. Therefore a person who sustains an injury from a slip and fall has two years from the date of the fall to commence an action. It is important to get your case filed before the two year deadline or the court will most likely throw your case out. As far as the contributory negligence rule, the owner of the property will most likely try to argue that the fall was caused by some act of negligence on the injured party as well. To have a successful case it is important to argue that there was no contributory negligence on the injured party.
In sum, a slip and fall lawsuit in Alabama is when some falls due to the negligence of a property owner and sustained serious injury. The injured party may sue in order to recover damages for their injury.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!