Slip and fall injuries are all too common. Over one million people are rushed to the emergency room each year after suffering slip and fall accidents. These injuries can require expensive medical care, affect your ability to work, and cause financial hardships. While many falls are relatively minor, some people suffer severe injuries, including traumatic brain injuries, spinal cord injuries, and more.
You may qualify for a premises liability lawsuit if you were hurt in a slip and fall accident. A slip-and-fall accident lawyer in Mobile can determine if your injury results from negligence. A careless property owner may be responsible for your damages. At Morris Bart, our Mobile personal injury lawyers handle these cases regularly. Contact us for free to speak to a lawyer about your accident claim.
Why Choose Morris Bart as Your Mobile Slip and Fall Accident Attorney
- Our personal injury lawyers have collected more than $1 billion for our clients in successful settlements and verdicts. We have more than 40 years of legal experience.
- You will have frequent contact with your attorney. We operate from 15 conveniently located law offices throughout Alabama, Mississippi, Louisiana, and Arkansas.
- Our Mobile slip and fall accident lawyers work on a contingency fee basis, meaning you will pay us $0 unless we secure financial compensation for your case.
For a free legal consultation with a Slip and Fall Accident lawyer serving Mobile, call (251) 298-8380
Slip and Fall Accidents and Premises Liability
Slip and fall accidents typically refer to injuries on someone else’s property. When you visit another person’s home or business, you are protected by premises liability laws. Alabama property owners are legally responsible for maintaining safe conditions.
Properties must be reasonably safe for visitors who enter lawfully. If a property owner knows about existing dangers and does not rectify the situation, this violates their duty of care. In some cases, they are liable if they should have reasonably known about a hazard on their property.
Negligent property owners may be held responsible for the injuries caused by avoidable slip and fall accidents. This is possible through a premises liability claim or personal injury lawsuit. Our experienced slip and fall team handles these cases against at-fault parties regularly.
Potential Liable Parties for a Mobile Slip and Fall Accident
A slip and fall accident claim names one or multiple defendants or at-fault parties accused of negligence in causing the plaintiff’s injuries. Identifying the correct defendant(s) is something that an attorney at Morris Bart can help you accomplish. We understand premises liability laws in Alabama and who can be held liable for a slip and fall accident.
Potentially liable parties include:
- A private landowner: If a slip-and-fall accident occurs at a private residence, such as a home, apartment, or condo, the individual homeowner could be held liable.
- A landlord: if the accident occurred in a rented property area that is within the landlord’s control, such as common areas, the landlord could be held liable for a property defect.
- A business: slip and fall accidents in stores, businesses or commercial properties can lead to claims filed with the company’s property insurance provider.
- The government: dangerous defects on public property, including parks, sidewalks, and buildings, could lead to a slip-and-fall accident claim against the municipal, state, or federal government.
Anyone who did not act accordingly – meaning with reasonable care and in compliance with all relevant laws – to prevent a slip and fall injury to a customer or visitor could be liable for the victim’s injuries. To determine who is responsible for your accident, the condition of the premises at the time of the slip and fall will need to be analyzed by a lawyer to search for evidence of negligence.
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How to Prove Negligence
Holding one or more parties responsible for a slip and fall accident in Mobile requires clear and convincing evidence of negligence. The burden of proof in a premises liability lawsuit is a “preponderance of the evidence,” otherwise known as the “more likely than not” standard.
To meet the burden of proof, the injured party or plaintiff must establish evidence of the four elements of negligence:
- Duty: The defendant owed the victim a duty of care. All property owners in Alabama are legally obligated to act reasonably and prudently and maintain safe premises for visitors.
- Breach: the defendant did not meet the applicable duty or standard of care, meaning he or she was negligent in the use, control, or maintenance of the property.
- Causation: the defendant’s negligence was a substantial contributing factor to the cause of the claimant’s injuries.
- Damages: The claimant was injured or harmed, including financial losses, as a result of the slip-and-fall accident.
In most slip and fall accident cases, establishing negligence requires proof that a dangerous condition was present on the property, creating a foreseeable risk of harm and that the defendant did not act to correct or fix the condition despite a foreseeable risk of harm to visitors. An attorney can help you collect evidence to establish negligence during your premises liability claim in Mobile.
Hazardous Conditions Cause Slip and Fall Accidents
Any number of factors may contribute to a slip-and-fall accident. The Mobile slip and fall accident lawyers from Morris Bart can assess your accident site for trip, slip, or fall risks. We know how to identify the unsafe condition that caused your injuries, even if the negligent property owner cleaned up or repaired the hazard.
Common hazardous conditions that lead to accidents include:
- Wet floors
- Rough, uneven walkways
- Damaged floors with dents or holes
- Worn and torn carpets
- Neglected stairways
- Lack of handrails
- Broken escalators
- Defective elevators
- Cords or cables in walkways
- Inadequate lighting
You have a right to be protected from preventable trip, slip, and fall accidents. When a property owner fails to routinely inspect and correct safety risks, accidents are inevitable. An accident lawsuit or insurance claim settlement may provide financial compensation for your fall-related expenses and costs.
Compensation You May Receive After a Slip and Fall Accident
You may be entitled to fair compensation if you suffered a slip and fall mishap and sustained injuries. Depending on your particular situation, you may be able to seek damages for injuries, emotional trauma, and monetary losses. To recover monetary damages, you will need to show:
- You were on the property legally
- You suffered injuries in a fall
- There was an unreasonable risk of harm on the property
- The fall occurred because the property owner or occupier failed to take reasonable care
Your slip and fall accident case may allow you to claim damages, such as:
- Ambulance transportation
- Hospitalization
- Medical treatment
- Lost wages
- Reduced earning capacity
- Physical therapy
- Pain and suffering
- Mental anguish
Our Mobile slip and fall accident lawyer can estimate your accident-related expenses to assign a value to your case. We will use the documentation of your expenses and losses to show the insurance adjuster or judge and jury how much you lost because of the unsafe property condition where you fell.
What If You Are Partially at Fault for the Accident?
Insurance companies lose money when they pay injury claims. To maximize their profits, the property owner’s insurer may try to blame you for the accident and claim no liability for your injuries. This is one common reason why we file accident lawsuits instead of negotiating settlements in these cases.
Slip and fall accidents in Alabama are subject to the pure contributory negligence rule. If you are determined to be partially at fault, you are ineligible for compensation for your injuries.
Because of this, your legal team must develop a foolproof case against the property owner or another liable party. Your lawyer will have your best interests in mind and will fight to protect your rights and pursue a successful claim based on the case facts.
The Deadline for Filing Your Slip and Fall Lawsuit
Alabama law allows you to file a lawsuit to recover your financial losses after being injured in a slip and fall accident. Unfortunately, the statute of limitations for personal injury claims—Ala. Code § 6-2-38—is just two years.
If you allow the deadline to pass, you cannot recover your losses by filing a lawsuit. Waiting to begin your case could also make it more difficult to recover some types of evidence, including witness statements and video. We encourage you to contact our team for a free initial consultation as soon as your injuries allow.
How Long Does it Take to Settle a Slip and Fall Accident?
Most slip-and-fall accident cases in Alabama take six months to a year to resolve. However, the timeline of a premises liability claim can vary significantly. Numerous factors can impact the duration of a slip-and-fall case, including whether the case settles or goes to trial. A premises liability trial can take much longer than a settlement – sometimes, years.
Another factor affecting the settlement timeline of a slip and fall case is the severity of the victim’s injuries. A victim will take longer to recover from severe or catastrophic injuries, which may push the settlement timeline back. It is important for a victim to wait until he or she reaches the point of maximum medical improvement before accepting a settlement, as this is the only way to understand how much the injury and related medical care will cost.
Complicated cases will take longer to settle. If a case is worth a significant amount, for example, settlement negotiations may continue back and forth for a long time before both parties reach an agreement. Hiring an attorney can help you expedite your slip and fall accident claim as much as possible without compromising on results. Your lawyer will fight for a fair case outcome while keeping the legal process timely and efficient.
What You Can Do to Strengthen Your Case
After getting injured in a slip and fall accident in Mobile, you can take steps immediately to begin building a stronger premises liability case. They include:
- See a doctor immediately. Do not delay medical care for any injuries that you suffer in a slip and fall. Prompt treatment can serve as proof that you were injured in the accident.
- File a report. Notify the property owner of your slip and fall accident and request that an accident report be filed.
- Do not admit fault. Avoid admitting any fault for the accident while you are still at the scene and while talking to insurance claims adjusters.
- Get the property owner’s information. Before you leave the premises where your accident occurred, get the information of the land or business owner (including insurance information).
- Document the incident. Collect important information or evidence, including the names of witnesses, photographs of the scene, surveillance footage of the fall, and copies of accident reports and medical records.
- Do not rush into a settlement offer from an insurer. Before accepting a settlement, get a second opinion from a slip and fall accident lawyer.
Getting help from a skilled Mobile slip and fall attorney from the beginning can give you the information, resources, and legal counsel that you need for a stronger claim for damages.
Do I Need to Hire a Lawyer to File a Claim?
Working with a knowledgeable legal professional on your Mobile fall injury case may benefit you. A lawyer can help you navigate an insurance claim, obtain the highest settlement possible, and go to court to seek justice if necessary. A lawyer can help you by:
- Performing an independent investigation
- Identifying who is responsible for your accident
- Gathering and preserving evidence
- Communicating with insurance adjusters on your behalf
- Calculating the value of your case
- Negotiating a favorable settlement
Your personal injury lawyer can simplify the legal process by explaining each step. Our law firm has over 40 years of experience fighting for the rights of injured accident victims. Learn how we can help you by reading client testimonials.
Discuss Your Mobile Slip and Fall Accident With Our Team
Slip and fall injuries caused by negligence are preventable. A Mobile slip and fall accident lawyer from Morris Bart can help you build a case against the liable party.
Contact us 24/7 to learn more about your rights in a free consultation. You can speak with a lawyer for free today about your fall injury case.
Questions?Call (251) 298-8380
to find a Morris Bart office near you.
