So you fell due to a negligent individual or an unsafe area while on the property of a business or another individual… “Eh, it was not that bad. I am okay, nothing is wrong.” Initially, you were not concerned as you did not feel anything, but a few days later and you cannot move. The bills are piling up and you cannot work. What can you do? In Alabama, the premises liability law gives you the right to sue and recover compensation for damages and costs associated when exposed to unreasonable property hazards. What if they had a sign up warning you of potential danger? Will that affect a slip and fall claim?
What They Are Liable For?
Property owners are required to maintain a safe space for anyone who enters. If they refuse to do so, they can be held liable for damage to another individual and/or property. However, they can also put up a sign to warn about any dangerous conditions, effectively shifting the burden on those who are on the property.
If you see a sign, it is your responsibility to take caution and avoid the dangerous area. If you do not, then you lose your legal right to sue for damages. However, the sign must be obvious, easy to understand, and in plain sight. If all of these criteria are met, then you do not have a case. If not, you have to be able to prove the signs were hidden/obscured or improperly placed. Another possibility where you can still file a claim is if the area was unavoidable; in this case, a sign does not matter. When unavoidable, you can argue that you had to endure unnecessary risk which caused the accident, effectively placing the liability back on the property owner.
Schedule a Confidential Consultation with Alabama Personal Injury Lawyer Tim Fleming
As you can see, there are a lot of caveats regarding slip-and-fall accidents. Rather than assume you do not have a case, contact a personal injury lawyer who can help you figure out your legal liability. Never accept a settlement without speaking with a personal injury lawyer first. To speak with us confidentially, call us at (251) 304-0888 or use our online contact form.