Determining Liability after a Slip & Fall in Montgomery, AL

Posted By Morris, Cary, Andrews, Talmadge & Driggers, LLC || 24-Apr-2013

If you were recently injured in a slip and fall accident on someone else's property, you may be wondering whether or not you are entitled to compensation. Depending on the circumstances of the accident, it is possible that you have grounds to seek damages from the owner of the property on which you were injured. Since premises liability laws in Alabama hold all property owners accountable for the safety of the areas that they manage, you must only need to show that they were negligent in upholding this duty of care. In order to do so, however, you will need to prove that a) you were injured as a result of hazardous conditions on the property, b) the owner had actual or constructive knowledge of the hazardous conditions and c) the owner failed to take reactive measures in a timely manner.

As long as all of these factors existed at the time of the accident, you should be able to pursue a claim for rightful compensation. Now you may be thinking, "How can I prove that the property owner had prior knowledge of the dangerous conditions?" Since most will attempt to shield themselves from liability by denying that they knew of the hazard, it may be up to you to show that the owner had admitted to having actual knowledge or that they had constructive knowledge based on certain factors surrounding the accident. In order to do so, you will need circumstantial evidence to make your case, which may include one or more of the following conditions:

  1. The hazard existed for an unreasonable amount of time
  2. Dangerous conditions regularly existed on the premises
  3. An employee / manager of the property admitted knowledge

Once you are able to support this facet of the case with a reasonable amount of evidence, you will only be left with the responsibility of proving that the property owner had acted negligently—which means that they had failed to remedy the dangerous conditions within a reasonable amount of time. Since premises liability is a complex area of the law, however, it is highly recommended that you move forward under the knowledgeable guidance of a Montgomery personal injury attorney from Morris, Cary, Andrews, Talmadge & Driggers, LLC. Not only can our firm contribute years of experience to your case, but we have a proven track record of success to back us up. In fact, the legal team at MCATD was able to obtain the largest jury verdict in the history of the state—which was $21,000,000.

Learn more about how the firm can help by calling our office today at (888) 694-0174 for a free initial consultation with one of our Montgomery injury lawyers.

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