About Premises Liability / “Slip-and Fall” Law

Premises liability law, commonly referred to as slip-and-fall law, is an area of personal injury litigation dedicated to the protection of people harmed through no fault of their own on another person’s property. The injury may be the cause of unsafe conditions such as a wet floor with no warning, faulty machinery like a broken escalator, or even a defective product on the property such as a broken swing. Property owners, business owners, and business managers are legally obligated to ensure the safety of all visitors and patrons. When they fail or are negligent in this obligation, victims may recover compensation for such damages as lost wages, medical bills, and pain and suffering. Premises liability law is based on the concept of strict liability, which means that the property or business owner is always responsible for the safety of visitors and clients. In order to construct a successful premises liability claim, the plaintiff must prove one of the following three points:

• The owner of the property created or allowed the condition that led to injury
• The owner or employees knew of a danger and failed rectify the threat or to warn visitors
• The dangerous situation or condition was evident for long enough that a responsible and reasonable person could have fixed it

Even if a business or property owner is unaware of the plaintiff’s presence on the property in question, he or she may be liable for all injuries unless the visitor can be proven to be trespassing. In some cases, the victim may be proven to be partially at fault for his or her injuries. When this happens, a settlement may be adjusted to reflect the victim’s role in the injury. Proving a premises liability case may be difficult. Victims’ injuries need to be clearly documented through medical records and/or testimony from witnesses, and the owner or proprietor of the site where the injury occurred must be found responsible for the injury or causes thereof. In premises liability disputes, it is important that victims retain the counsel of an aggressive attorney who can defend their claim and work to recover the maximum compensation allowed by the law. To speak with a skilled car accident lawyer, medical malpractice lawyer, product liability lawyer, or wrongful death attorney, it is of the utmost importance to speak with a skilled Birmingham, Alabama personal injury attorney for more information.