We in Alabama do not have a lottery, and I have had people think that if they fall in a restaurant that is about the next best thing. It is not. Proving slip and fall cases can be some of the most complicated injury cases out there.
Under Alabama law, you must prove the landowner did something (or failed to do something) that caused the injury. Add to this the landowner must have had notice that there was a problem. The law says you cannot be held responsible for something you did not know about.
Business owners have two big exceptions under the law. If the dangerous condition is open and obvious, they are not at fault. Also if the injured person did not use reasonable care to prevent the injury, the owners are not at fault. So think of it this way, your chance of collecting after going skateboarding in an open construction pit is minimal.
Let me add one other thing about collecting on a slip and fall case … you must be injured. If you tripped or even went spread eagle on the floor of a grocery store but were not injured, do not expect to receive any money.
Now, if you are seriously injured by someone’s negligence you deserve to be compensated. This can include having your medical bills paid, your lost wages covered and even money for your pain and suffering.
But just falling doesn’t mean a business or insurance company is going to pay up. Of course, it doesn’t cost anything to check with a lawyer, so I would at least talk to one.
If you are hurt in a slip and fall, traffic accident or other personal injury, you can talk to us at the Law Firm of Eiland and Ritchie for free. We want to help you get back on your feet.
Also join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live.
Allen Ritchie
Alabama personal injury lawyer