Slip & Fall - LawCall


With the holiday season upon us, there will be an increase in the hustle and bustle of everyday living. Aside from the crowded stores, family and friends will be visiting for Thanksgiving and Christmas, so you should be aware of potential accident spots in your home. It is your responsibility to ensure that repairs are made, where needed, in order to avoid unnecessary accidents.

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.

These cases usually fall under a broader category known as premises liability, in which it must be proven that the owner of a property did not take the proper care to remove or repair potentially dangerous areas.

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 and attorney in your area.

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