Even though most people might not anticipate tripping and injuring themselves while walking in public or at a business, slip and fall accidents can happen anywhere. These incidents often leave a plaintiff with serious wounds and costly medical setbacks. However, anyone injured in a slip and fall incident might have a strong legal standing if another person’s carelessness caused the accident.
An experienced Montgomery slip and fall lawyer could help you recover if you were injured after tripping on someone else’s property. A well-practiced personal injury attorney could reach a compromise with the negligent party and help you win a sizable settlement. En Español
Common Causes of Slip and Fall Accidents
Although most organizations and property owners take the time to maintain a safe environment, slip and fall incidents still happen regularly. Several factors could cause these mishaps, including but not limited to:
- Wet or slippery floors
- Uneven stairways
- Frayed rugs or carpets
- Improperly marked changes in floor elevation
- Poor lighting that reduces visibility
- Clutter or items blocking a pathway
Any of these hazards could result in injuries that require expensive medical treatment or lost time at work. Fortunately, a compassionate attorney in Montgomery could determine exactly why a plaintiff slipped and fell to help them begin their lawsuit.
Do Premises Liability Laws Apply to Slip and Fall Cases?
Slip and fall cases can be subject to the state’s premises liability laws because they frequently involve public property or private businesses. Premises liability standards require property owners exercise reasonable care in maintaining their spaces, to avoid harming people who visit. When a land or business owner violates these regulations, they might have to assume liability for any accidents on their space. One of the most important factors in a slip and fall case is determining the visitor’s legal status at the time of their visit. Premises liability regulations establish that an individual’s reason for visiting a property could impact the damages they collect.
An invitee is a person who is either expressly or implicitly welcomed onto a property. This status typically applies to individuals who enter a public space or arrive at a private business. A property holder always owes an invitee a significant duty of care. The owner of a business, for example, must consistently inspect their environment, fix issues, and adequately warn guests of any known hazards. If an invitee trips and becomes injured on a property, they could collect substantial compensation.
A licensee is someone who enters another person’s property for non-commercial purposes. This category typically refers to social guests or similar types of visitors. Property owners are still required to warn licensees of known dangers but are not obligated to perform routine inspections. A licensee who slips while visiting a property will not have the same rights as an invitee.
A trespasser is an individual who arrives at a property without the owner’s expressed or implied permission. Landowners owe these people very little protection. If an individual trips while trespassing on a property, they will likely have few legal options.
A well-practiced attorney in Montgomery who has experience with premises liability cases could inform a plaintiff whether their legal status at the time will impact the strength of their slip and fall case.
How Long do Claimants Have to File a Slip and Fall Lawsuit?
A slip and fall lawsuit is a form of personal injury claim, which makes it subject to a statute of limitations. For instance, Alabama Code Section 6-2-38 outlines that a plaintiff can file their claim at any point within two years of their accident. If they attempt to submit a lawsuit outside of this period, a court will most likely dismiss their case.
Generally, a wounded individual will receive more time to file their slip and fall claim if they were a minor or were suffering from a legal disability at the time of their accident. A knowledgeable lawyer in Montgomery could help a plaintiff file a timely slip and fall claim or determine whether they are eligible for an extension.
Seek the Counsel of a Montgomery Slip and Fall Attorney Today
If you were injured due to an unexpected slip and fall, you deserve the representation of a dedicated attorney who understands your frustration and setbacks. If a property owner’s failure to maintain a safe premises caused your accident, you might be entitled to financial compensation, depending on your status as a visitor.
A tenacious Montgomery slip and fall lawyer could compile evidence about your accident, construct a legally valid lawsuit, and fight to protect your rights as a visitor on a property. If you have any further questions or concerns, contact the office today.