Key Takeaways:
- Getting medical care, reporting the fall, and photographing the hazard right away help preserve a strong claim.
- An injured person must show the property owner knew or should have known about the hazard and failed to fix it or warn visitors.
- Alabama’s “contributory negligence” rule can block any recovery if the injured person shares even a small amount of fault.
After a slip and fall in Montgomery, the injured person’s first actions shape the strength of a subsequent compensation claim. This includes getting prompt medical care, reporting the fall, and gathering evidence to create a record of what happened. Experienced Montgomery County slip and fall lawyers use that evidence to prove the property owner knew or should have known about the danger. It also helps them counter blame under Alabama’s strict contributory negligence rule.
What Steps Should You Take Immediately After a Fall?
According to the Centers for Disease Control and Prevention (CDC), adults age 65 and older died from unintentional falls at a rate of 69.9 per 100,000 people in 2023. So getting medical care at a facility like Baptist Medical Center South comes first, since many accident injuries require immediate care, even without showing symptoms. The injured person should also report the fall to a manager, request the incident report, and photograph the hazard before anyone cleans it up.
How Do You Prove a Property Owner Was Negligent?
To prove “negligence,” the injured person must show the property owner knew or should have known about the hazard and failed to fix it or warn visitors. For example, a spilled drink that sat on a grocery store floor for an hour suggests employees had time to clean it. A Montgomery County slip and fall lawyer can also show the danger was not open and obvious, which counters a common defense.
What Evidence Strengthens a Premises Liability Claim?
The strongest evidence proves the hazard and the harm it caused. Photos, surveillance video, the incident report, and witness contact information can capture the scene, while medical records connect the fall to specific injuries. Cameras at shopping centers like The Shoppes at EastChase often record footage for days, so a prompt written preservation request can preserve that video.
How Can Alabama’s Contributory Negligence Rule Hurt Your Case?
Alabama follows “contributory negligence,” one of the strictest fault rules in the country. Under this rule, an injured person who is even 1% at fault cannot recover anything. For instance, an insurer might argue that someone was texting while walking past a wet floor sign. Montgomery, AL, slip and fall lawyers counter these arguments with evidence showing the hazard, not the visitor’s behavior, caused the fall.
When Should You Call a Montgomery County Slip and Fall Lawyer?
Calling within days or even hours of the fall gives a lawyer time to gather proof and contact witnesses before they forget the details about what happened. Alabama generally allows two years to file a personal injury lawsuit, a window that can pass quickly during medical treatment. A slip and fall accident lawyer Montgomery residents hire can handle insurer calls, value the claim, and, if needed, file suit in the Montgomery County Circuit Court.
Frequently Asked Questions (FAQs):
Should someone give a recorded statement to the store’s insurer?
Declining until after speaking with a lawyer is wise, since insurers may use casual comments to argue the injured person was at fault.
What if someone falls on a city sidewalk in Montgomery?
Claims against the City of Montgomery require a “written notice of claim” within six months of the fall. Alabama also caps most damages against cities at $100,000 per injured person.
Do slip and fall lawyers charge upfront fees?
Many work on a “contingency fee,” which means they collect payment only if the case recovers money.
After a Slip and Fall, Our Experienced Montgomery County Slip and Fall Lawyers at Morris, Andrews, Talmadge & Driggers LLC Can Help You Hold Property Owners Accountable
If you need help with proving a property owner’s negligence after being injured, contact our Montgomery County slip and fall lawyers at Morris, Andrews, Talmadge & Driggers LLC. For a free consultation, call today at 334-702-0000 or contact us online. With office locations in Mobile and Dothan, Alabama, we gladly serve clients in the surrounding areas.
