“Premises liability” is a legal term that refers to accidents where someone is hurt or injured on someone else’s physical property. This can include a business, retail establishment, restaurant, and even homeowners. The most prevalent premises liability lawsuit is often referred to as a “slip and fall” accident. Slip and fall cases occur when someone slips due to unsafe premises, resulting in bodily harm or injury.
Slip and fall cases can be extremely troublesome, often resulting in lost wages or permanent disability. Furthermore, for some people, slip and fall cases can even result in death. For example, consider an elderly person who might break a hip, whereas a younger person could break an arm. In severe cases, paralysis or death can result. Our slip and fall accident lawyers in Birmingham are trained to recognize and understand the elements of these cases. Their goal is to help you achieve the best possible outcome for your case.
Why Do I Need a Slip and Fall Accident Lawyer?
When you have suffered injuries in a slip and fall accident, you should know that the property owner and their insurance company are extremely likely to argue that the accident was the result of your own negligence. You should probably prepare for a fight, but you do not need to face it by yourself.
Farris, Riley & Pitt, LLP can conduct an independent investigation of your accident and make sure to seize all critical evidence. We know how to prove a property owner’s negligence (including your landlord’s) and will work tirelessly to make sure that you recover all of the compensation you need and deserve.
Handling your case alone may lead to the property owner’s insurer offering a settlement far below your entitlement. Moreover, the insurance company could also very well offer you nothing at all.
By hiring Farris, Riley & Pitt, LLP, you can spare yourself the struggle of dealing with an insurer. In addition, we will handle all communications and negotiations with them on your behalf, and our firm is willing to file a lawsuit if the insurer refuses to provide adequate compensation.
You also do not need to have any concerns about how you will be able to afford a lawyer, as Farris, Riley & Pitt, LLP represents clients on a contingency fee basis. This means that we do not charge you anything upfront, as we only collect payment when you receive a financial award.
Why Choose Farris, Riley & Pitt, LLP?
The Birmingham plaintiff’s attorneys at Farris, Riley & Pitt, LLP have represented numerous clients who were involved in slip and fall accidents. The firm recently represented an injured woman who fell on a wet floor in a large supermarket because the floors were not properly labeled with a “slippery floor” sign.
Similarly, we represented another client who tripped and fell on a bulging piece of cracked concrete while leaving a commercial business. After having to undergo back surgery as a result of the fall, our client was out of work for months and lost wages and time off from work.
The slip and fall accident lawyers at Farris, Riley & Pitt, LLP were able to recover compensation for our client’s injuries and time off from work.
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Common Causes of Slip and Fall Accidents
A slip and fall accident can occur in just about any kind of property, and it may be the result of any one of a number of different kinds of hazards. For example, common causes of slip and fall accidents include, but are not limited to:
- Unsafe or hazardous premise/property
- Cracked or uneven flooring
- Wet, slippery flooring
- Dirty and/or trash-covered floors
- Exposed cords (obstacles)
- Poor lighting
- Torn floor mats
- Broken handrails
- Potholes, ice, and curbs in parking lots
- Defects in pavement
- Snow and ice
- Inadequate lighting
- Stray electrical cords and wires
What to do after a slip and fall accident will differ slightly depending on whether your accident occurred in a public place or on private property. In the case of a slip and fall accident in a public place, such as a business, you should be sure to file a report with the manager or supervisor. Ask for a copy of the report.
Certain types of businesses are especially common locations for slip and fall accidents. Restaurants, grocery stores, hotels, and other retail establishments regularly deal with slip and fall claims.
What to Do After a Slip and Fall Accident
When a slip and fall accident occurs on private property, you cannot file such a report. It is in your best interest to minimize conversation with the property owner. You will want to quickly seek legal representation for help determining how to proceed with your case.
Common Injuries That Result From A Slip and Fall Accident
Slip and fall accidents can result in any one of a number of debilitating injuries. People can suffer various types of injuries, including but not limited to:
- Fractures
- Sprains
- Pulled muscles
- Lacerations
- Soft tissue injuries
- Neck injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Paralysis
- Internal organ damage
The Role of Evidence in Slip and Fall Cases
In proving your injury claim, strong evidence is important. Photos or videos of the danger, witness statements, and maintenance records can support a claim. In addition, medical records and expert testimony can also establish the severity of injuries and the impact they have on the victim’s life.
In addition to gathering evidence, it is important to notify and report the incident to the property manager or owner as soon as possible. Prompt notification helps preserve key evidence and shows that the property owner was made aware of the hazard. Filing an incident report at the scene can also be integral. The report provides an official record of the accident, which then can be used to support your claim.
An experienced slip-and-fall attorney will help you gather and present this evidence effectively to build a compelling case.
What is the Statute of Limitations for a Slip and Fall Accident?
Alabama has a two-year statute of limitations for all injury claims; keep this in mind. This same statute of limitations also applies to wrongful death actions.
Because a slip and fall accident can require an investigation before negotiations with an insurance company can begin, it is in a victim’s best interest to quickly retain legal counsel. Consequently, it is incredibly common for property owners and insurers to argue that these types of accidents were the result of a victim’s own negligence. They might twist your words or actions against you, complicating self-handling of the situation.
Frequently Asked Questions
The phrase contributory negligence refers to any negligence on the part of the victim that contributes to their injury. Alabama is one of only five states in the nation that allows defendants to use this affirmative defense. When successfully proven, the defense completely bars the victim from recovering any damages. Under contributory negligence, the victim will be prohibited from seeking damages if the victim is found to be even slightly at fault for their injuries. Contributory negligence is the biggest reason why you should avoid speaking about your accident to anybody—especially the negligent party’s insurance company—after your accident. Assumption of risk may apply if someone knowingly exposes themselves to a hazard, barring themselves from recovering damages. The open and obvious hazard rule argues that a property owner may not be liable if the danger was clearly visible and avoidable. However, just because a hazard is obvious doesn’t always mean the property owner is not liable—courts will consider other factors in determining liability. Instead, you should contact Farris, Riley & Pitt, LLP as soon as possible. A lawyer can help you defend your case by using strategies like the assumption of risk and open and obvious hazard rules.
Even if you believe you’re unhurt, it’s in your best interest to seek immediate medical care. Doctors can verify injuries with delayed symptoms, and prompt medical treatment can strengthen your injury claim. Another important step is to photograph the particular hazard that caused your accident. When the property owner is a business, it will usually act very quickly to correct the dangerous condition and remove the evidence. If anybody saw your accident, make sure to get their contact information, as such witnesses can provide valuable third-party accounts of what actually occurred. Finally, do not speak to any insurance company until you have legal representation.
No, Alabama’s state workers’ compensation laws govern all workplace injuries, preventing individuals from suing their employers.
Slip and Fall Accident Statistics
The Consumer Product Safety Commission (CPSC) reports that falls are the most common type of product-related injury accidents among older adults in the U.S. Every year, an average of 1,800 older adults die and 1.5 million receive emergency care for fall-related injuries.
According to the Centers for Disease Control and Prevention (CDC), more than one-quarter of all older Americans suffer fall injuries each year. Approximately 20 percent of older adult falls result in severe injuries like traumatic brain injuries or bone fractures.
The National Floor Safety Institute (NFSI) reported that one in every three U.S. residents over the age of 65 will experience a fall in a given year. Half of these people are repeat fall victims.
According to the NFSI, falls are the second-leading cause of injury-related death for adults aged 65 to 84. They are the leading cause of injury-related death for those 85 and older, and 60 percent of those who die in falls are 75 or older.
Falls account for 87 percent of all fractures among people over 65 and are the second-leading cause of spinal cord and brain injury, per the NSFI. They also represent the sixth-leading cause of death among people 70 or older. Fall injuries contribute to 40 percent of all nursing home admissions.
More than 60 percent of nursing home residents suffer preventable falls each year. Sixty-seven percent of fall fatalities involve people 75 or older. The National Institute on Aging reports that 30 percent of people over 65 suffer a fall in a given year. Ten percent of these cases result in severe injuries.
The NFSI also reports that falls are a leading cause of emergency room visits. More than 8 million (21.3 percent) of these visits result from fall injuries. Slip-and-falls alone account for more than 1 million emergency department (ED) visits or 12 percent of annual ED visits.
The most serious type of injury in many fall cases is a fracture, which occurs in five percent of cases. The NFSI reports that slip-and-falls are the top cause of lost days from work, workers’ compensation claims, and occupational injuries for people 55 and older.
Roughly 85 percent of workers’ compensation claims are attributed to employees slipping on slick floors at work. Additionally, employee slip-and-fall accidents are associated with approximately $70 billion in medical costs and other compensation every year.
Contact a Birmingham Slip and Fall Accident Lawyer Today
For more than two decades, Farris, Riley & Pitt, LLP has fought to get justice for slip and fall accident victims. Our firm understands what needs to be proven to be successful with these types of claims, and we will diligently work to make sure that a property owner is held accountable for their negligence.
If you or your loved one sustained serious injuries in a slip and fall accident in the greater Birmingham area, make sure you contact Farris, Riley & Pitt, LLP. You can have our team of slip and fall accident lawyers review your case and answer all of your legal questions when you call (205) 324-1212 or contact us online to schedule a free consultation.
