Slip and fall accidents can happen anywhere. In your home, at the grocery store, in a parking lot, or just walking down the sidewalk – these accidents are not uncommon.
But, should you take a spill on someone else’s property, who is to be held liable for your medical bills?
There are certain things that must be proven in any slip and fall case, and they include:
-The property owner created the condition;
-The owner knew the condition existed but did nothing to repair it;
-The condition existed for such a long period that the owner should have known about it and repaired the damage.
Duty is what is owed someone who falls while on your property. It can vary depending upon the reason that the person is in your home or business. Under Alabama law, for instance, the least duty is owed to trespassers.
The highest duty owed is a business invitee. This is anyone whom you have invited into your home, and from whom you will receive economic benefit. A clothing party, or a Tupperware party – these are good examples.
There are two types of insurance coverage that can apply to these types of accidents, and the first is liability. In these cases, you must show that the business was at fault, that they knew or should have known about the danger and didn’t remedy it, and that you were injured as a result.
The other type of insurance is no fault, in which case it doesn’t matter who is at fault. This is a medical payments policy, and you will be paid a certain amount for your medical expenses.
If you are the victim of a slip and fall accident, be proactive in gathering any evidence that may show how and why you fell and injured yourself. Many businesses will quickly remedy and repair the hazard right after someone falls, so your window of opportunity to gather the evidence is small.
If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.