What to Do If You Fall on Someone's Property in Alabama
If you've been injured due to a fall on someone else's property, it's common to experience emotional stress, financial worries, and, of course, significant physical discomfort. At Whit A. Thomas, Attorney at Law, we understand how painful a slip and fall can be.
With over 40 years of practice, we have advocated for countless clients, striving to help them secure justice and compensation. Our deep familiarity with Alabama personal injury laws and unwavering dedication to our clients set us apart. Located in Foley, Alabama, we serve clients in Baldwin County, Escambia County, Mobile County, and Monroe County.
If you've experienced a fall on another person’s property, pursuing legal help can make a huge difference in your recovery and help prevent you from being unfairly and financially burdened.
Understanding Premises Liability in Alabama
Alabama premises liability laws govern a property owner's responsibility to keep their premises safe and free from potential dangerous hazards. These laws help determine whether the property owner may be liable for your injuries if you suffer a fall on their property.
Under Alabama law, property owners owe a duty of care to keep their premises reasonably safe for visitors. However, that duty depends on your classification as a visitor:
Invitees: Invitees are on the property with the owner's permission, often for a business purpose, such as customers in a store. Property owners owe invitees the highest level of care. If hazards are present, the owner must fix them or provide clear warnings.
Licensees: Licensees, such as social guests, enter the property with permission but not for a business purpose. Property owners owe an obligation to prevent injuries to licensees, but it's slightly less stringent than the duty owed to invitees.
Trespassers: If someone is on the property without permission, the owner typically does not owe them a duty of care. There are some exceptions, such as cases involving children (like those falling under Alabama’s attractive nuisance doctrine).
Your case will depend on how you are classified under the law, the circumstances of your fall, and whether the property owner failed to act responsibly.
What to Do Immediately After a Fall
If you’ve fallen on someone's property in Alabama, taking certain actions can greatly strengthen your ability to seek compensation. Here’s what we recommend you do:
Prioritize your health: Seek medical attention immediately even if your injuries seem minor. Injuries like internal bruising or fractures may not show symptoms immediately. Moreover, getting medical care establishes written documentation of your injuries, which can support your case.
Document the scene: If you can, take photos or videos of where the fall happened. Include details like wet floors, debris, uneven ground, poor lighting, or missing signage. This evidence is often critical in proving negligence.
Notify the property owner: Inform the property owner or manager about the incident immediately. This can help you make sure the situation is recorded through an incident report or a written record, which may come into play if a claim is filed.
Collect witness information: If there were witnesses to your fall, obtain their contact information and a statement about the incident if possible. Witnesses can often provide valuable testimony to support your claims.
Avoid making statements: Avoid assigning blame, apologizing, or discussing the details of your case in person or online without legal representation. Your statements could potentially be used against you in court or by insurance companies.
Contact a personal injury attorney: Dealing with the legal aspects of a premises liability case can feel overwhelming. An experienced personal injury attorney can review your case, explain your options, and fight your legal battle so you can focus on recovery.
Liability Challenges in Alabama
Alabama follows a “pure contributory negligence” rule. This means that if you are found to be even slightly at fault for your fall, you could be barred from recovering any compensation. For example, if it’s determined that you ignored a visible warning sign or a hazard was open and obvious, the property owner might argue that they are not responsible for your injury.
Potential Compensation for a Fall Injury
When you pursue a premises liability claim in Alabama, you might be eligible to recover a variety of damages. Some common types of compensation include:
Medical expenses: Covers costs for initial treatment, follow-up care, rehabilitation, or even long-term care for severe injuries.
Lost wages: If you cannot work due to your injury, you may recover lost wages or diminished earning capacity.
Pain and suffering: These compensate for the physical and emotional toll of your injury.
Punitive damages: These are awarded in rare cases where the property owner’s behavior was irresponsible or reckless.
Personal Injury Attorney Serving Baldwin County, Alabama
At Whit A. Thomas, Attorney at Law, we have spent over four decades representing victims in wrongful injury and death cases across Alabama, including Baldwin County, Escambia County, Mobile County, and Monroe County. Our experience and commitment enable us to fight for justice and compensation.
If you or a loved one has suffered an injury on someone's property, contact us for a free consultation. We will review your case and help you understand your rights and options.