Slip & Fall Accidents Attorney in Birmingham, Alabama
Falls are one of the leading causes of injury in Alabama and across the United States. According to the Centers for Disease Control and Prevention (CDC), one out of five falls results in serious bodily injuries such as head trauma or broken bones. Slipping on wet surfaces accounts for a large percentage of falls in the country.
Injuries resulting from a slip and fall accident can lead to costly medical treatment, loss of income, disability, and other economic and non-economic damages. For this reason, seeking compensation for your financial losses and emotional suffering after a slip and fall accident is a critical step to take.
Depending on the circumstances of the accident, you can pursue a claim against the owner or occupier of the property where you sustained your injuries. Consider contacting a skilled and results-driven attorney at Kies Law LLC to help you fight to secure fair compensation. Our slip and fall accidents attorney in Birmingham, Alabama, represents injured victims and families in Bessemer, Hoover, Montgomery, and Tuscaloosa.
Determining Liability in a Slip & Fall Accident
Slip and fall accidents can happen at private, commercial, and government properties. Depending on the location and circumstances of the accident, the following parties can be held liable:
The property owner (homeowner): Owners of private and commercial properties are responsible for keeping premises safe and can be held liable for any slip and fall accidents due to negligence or carelessness.
The occupier of the property (tenant): If the property owner leases the property to another person or entity, the occupier may be responsible for the inspection and upkeep of the premises.
The business owner: Business owners are vicariously liable for negligence on behalf of the business owner's employees. Businesses can be held accountable for dangerous conditions they know about and refuse to address.
The government entity: When a slip and fall accident occurs on public property, the government that manages the property can be held liable for injuries on the premises. However, there are special procedural requirements related to pursuing claims against government entities, which is why you might want to consider speaking with an attorney.
The injured visitor: Sometimes, the visitor suffers injuries in a slip and fall accident because of carelessness.
Contact an experienced slip and fall accident attorney in Birmingham, Alabama, to investigate your particular case and help you determine liability for your injuries and losses.
Proving Fault After a Slip & Fall Accident in Alabama
Under Alabama law, property owners owe visitors a duty of care to keep premises in a reasonably safe condition. However, just because property owners owe a duty of care to people on the property legally, it does not make them automatically responsible for all accidents that happen on the property.
There are several reasons a property owner may be at fault for your slip and fall accident. The accident may be the owner’s fault if the owner of an employee:
Caused the dangerous condition or hazard that led to the accident;
Knew about a specific dangerous condition that caused your injury and failed to remedy it; or
Should have known about the hazardous condition.
Property owners who fail to take reasonable steps to keep visitors safe can be held at fault for injuries to people legally on the property. However, slip and fall accidents are very fact-specific, which is why proving fault for the accident can be challenging. For this reason, you might want to discuss your particular case with a skilled attorney to gather evidence of the property owner’s fault and recover the damages to which you are entitled.
Contributory Negligence in Alabama
Alabama is one of the few states that still follow the doctrine of contributory negligence. The vast majority of states adopted the comparative negligence rule, allowing victims to obtain compensation even if negligence or carelessness contributed to the accident.
Under the contributory negligence rule in Alabama, injured parties are barred from recovering any compensation if they were even one percent at fault for causing injury. Thus, a victim of a slip and fall accident may not be able to obtain compensation if they cannot disprove the other party’s claims that carelessness or negligence contributed to the accident.
When trying to blame the injured party, the property owner may argue that you:
Were not paying attention to where you were going (e.g., if the injured party was using the cellphone at the time of the accident);
Were on the part of the property where you were not allowed or expected to be;
Were injured because of a condition that was open and obvious; or
Were not wearing appropriate footwear for the condition of the property.
If the owner of the property where you slipped and fell is trying to make you partially at fault for the accident, consider contacting an attorney right away to protect your rights and help you prove the owner’s liability.
Slip & Fall Accidents Attorney Serving Birmingham, Alabama
If you suffered injuries in a slip and fall accident, you must speak with an experienced attorney to help you pursue compensation for the damages and losses you incurred. At Kies Law LLC, we can help fight for the compensation you need to pay for your medical bills and move forward with your life. Contact our slip and fall accidents attorney in Birmingham, Alabama, to discuss your unique case. Our firm proudly serves clients in Bessemer, Hoover, Montgomery, and Tuscaloosa, Alabama as well.