Montgomery Slip and Fall Lawyer
While a slip and fall or a trip and fall is one of the simplest mechanisms of injury, accidents of this type can still inflict serious life-altering injuries. In fact, according to CDC statistics, slip and fall injuries are the leading cause of traumatic brain injuries and other serious injuries. If you have suffered a serious injury due to a slip and fall or a trip and fall at a business, home, or another location you may be able to recover compensation.
At the Morrison Law Firm, our experienced and strategic attorneys fight for individuals injured due to another person’s or company’s negligence or carelessness. Our legal team will fight to hold the responsible party financially accountable. We can work to secure compensation for your medical bills, pain and suffering, rehabilitation expenses, lost wages, and other damages. To schedule a free and confidential consultation with a lawyer from the Morrison Law Firm, please call 334-523-8323 today.
Are Property Owners Required to Protect Guests and Customers from Dangerous Conditions?
In Alabama, the law recognizes that property owners are frequently in the best position to both discover and address potentially dangerous property conditions. It is first important to recognize that the exact facts and circumstances of a slip and fall accident will determine the exact legal standard under which a premises liability action will proceed. However, it is useful and instructive to consider whether the property owner, business manager, or other responsible party generally has a duty to protect against injury.
For most business guests and others who are invited on to the property, the property owner must engage in reasonable and diligent efforts to prevent injury. This means that once the property owner is aware of a dangerous condition, he or she is typically required to take reasonable steps to protect against injury. The property owner may repair or modify the property to eliminate the risk. For instance, a property owner can repair a cracked or uneven sidewalk to reduce the likelihood of a fall. He or she may also provide a warning that a dangerous condition exists. This warning can help guests avoid the danger.
What Damages Can I recover After a Slip and Fall Accident in Alabama
If you have slipped, tripped, or otherwise fallen and sustained serious injury, you are likely concerned with the various consequences of your accident. To start, you are probably concerned over who will pay your medical, physical therapy, and other rehabilitation bills. The simple fact of the matter is that even a seemingly minor fall can inflict a serious injury that requires months or years of medical and rehabilitation appointments.
After an accident caused by a dangerous condition on the property of another person, you also may find that the things you used to do are now impossible to accomplish. The physical, mental, or emotional difficulties you now experience due to your accident may necessitate significant time off work. Furthermore, your injury may mean you now face new limitations on your earning capacity. At the Morrison Firm, we can carefully explore, investigate, and request all reasonable damages stemming from your injury.
Lawyers Strategically Prove a Premises Liability Cases
A premises liability accident refers to where the accident occurs, but it does not necessarily suggest or mandate a specific legal theory or legal cause of action. Therefore, it is important to work with a lawyer who will flexibly and strategically consider additional legal options you may have. Ensuring that all potentially viable legal theories have been included in your complaint can make the difference between continuing to trial or having your matter dismissed.
As a practical matter, many premises liability accident lawsuits are based on negligence or include it as one of several potential causes of action. The plaintiff in a negligence lawsuit must typically prove four elements to make a recovery. These elements are:
- Injury – In a negligence action, injury simply means all of the damages you have suffered. It can include your physical injuries, doctor’s bills, and other expenses.
- Duty – Duty means that the party who cased the injury had an obligation to protect or to generally refrain from causing injury to the other party. In a premises liability action, the exact duty owed is based upon the common-law status of the individual who was injured on the property. For instance, a business invitee is owed a duty from the property owner that he or she will use “reasonable care and diligence to keep the premises in safe condition” or provide warning of a danger. A plaintiff must be able to establish the duty he or she was owed.
- Breach – The injury victim must also be able to show that the duty was breached. Showing how the breach of a duty is fact-specific and dependent. For the injured business invitee described above, perhaps the plaintiff could show that the store was alerted to a spill by a customer but failed to take action for over an hour.
- Causation – A personal injury plaintiff must also be able to show that the breach of the duty was both the legal cause and the actual “but for” cause of the injury. Working with a lawyer can help an injury victim to set forth the proof he or she needs to make this showing.
At the Morrison Law Firm, our lawyers carefully consider and explain all legal approaches with a reasonable likelihood of success.
Our Experienced Injury Attorneys Can Help You After a Slip, Trip, or Fall
If you have suffered a serious injury due to a fall, you want to focus on your recovery so that you can get back to doing the things you love. At the Morrison Law Firm, our lawyers can handle personal injury negotiations to secure the compensation you need. If settlement is not in the best interested of our clients, we will not hesitate to pursue a lawsuit. To schedule a free and confidential consultation, please call the Morrison Law Firm in Montgomery, Alabama at 334-523-8323.