Negligence Can Cause Falls and Injuries at Alabama Businesses

February 8th, 2016

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Accidents are just a fact of life, and injuries sometimes occur. But when the accidents are preventable, businesses can be held responsible for your injuries.  This is mainly due to the fact that they are “inviting” you to come do business on their premises, so you as the customer are entitled to not have to worry about the safety of the business you are being invited to.  Rather it is the duty of the business to make their premises safe.

But in order to proceed with a personal injury case, you have to be able to prove that the business is liable for your injuries. In the case of a fall, for example, you must be able to show that the business either should have recognized the danger or actually caused the hazard. Cases like this are often built around expert testimony that classifies a hazard as a “defect”.

Is the business liable?

If the business was aware of the potential hazard and failed to remedy the situation, they may be liable. Some considerations must be whether or not the problem would normally be considered dangerous, and if the business knew about it and had ample time to fix it. Alternatively, if the business actually caused a situation that would be considered hazardous, there is a heightened chance that they are liable.

Simply falling at a business does not mean you have a claim. You must be able to prove negligence on the part of the business caused your accident. Sometimes, liability comes down to making a judgment call: should the business have reasonably known about the hazard and have remedied it?

In some cases, the answer may be fairly clear. For example, if a business had a broken tile in their floor, and as a result the floor was sunken in a spot, it is reasonable to assume that someone may trip. If the business then failed to fix the tile in a reasonable timeframe and someone fell, it is rather apparent that they are liable. Or if a business had an American’s with Disabilities Act violation; these can equate to being “defects” on the premises for which the business may be liable.

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But other cases may be more complicated. If a spill caused a wet floor hazard and someone fell, is the business responsible? It may depend on what caused the spill, how long the floor had been wet, if the business had been notified of the hazard, or if there were procedures in place to regularly clean the floors. In complicated cases like these, it is wise to call upon a personal injury attorney right away.

Do I have a case?

The only way to know for sure if you have a case is to contact a personal injury attorney and explain the situation in detail. At Garmon Law Firm, we recognize that a fall can cause result in pain, unexpected medical bills, and time off work. We will patiently listen as you explain the situation in detail and help you understand the claims process. Insurance adjustors will try to get you to admit responsibility – don’t be swayed by their tactics. If you have been injured as a result of a fall at an Alabama business, contact us today.

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