Mobile Slip and Fall Accident Lawyer
Slip and fall accidents can result in serious injuries and long-term impairments. Our Mobile slip and fall accident lawyers have almost 50 years of combined experience fighting for injury victims in Alabama. If you were injured in a slip and fall accident, you should contact the attorneys at Lattof & Lattof, P.C. today to schedule a free consultation with one of our experienced attorneys at (251) 432-6691 to learn about your legal rights and find out how you can hold those responsible liable for your injuries and damages.
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What is a Slip and Fall Accident?
A “slip and fall accident” or “trip and fall accident” is a common term used to describe an injury occurring due to a fall on someone else’s property. This might be in a store, at a restaurant, on a sidewalk, or an unlimited number of other places. “Slip and Fall” cases are part of a broader group of cases known as “premises liability” cases. Premises liability is the doctrine which states that property owners who fail to maintain safe premises can be held liable for damages and injuries caused by unsafe conditions. Slip and Fall is the most common type of premises liability case, although there are many other types of injuries that can occur due to unsafe conditions on someone else’s property.
Generally, to recover compensation for a slip and fall accident, a person must show that:
- The property owner owed a duty of care to individuals entering the property;
- The property owner breached the duty of care by failing to maintain safe premises;
- The injured person was legally on the property (as opposed to trespassing);
- A dangerous condition that the property owner knew about or should have known about existed and the property owner did nothing to correct or warn about the condition; and,
- The person sustained injuries and damages because of an accident that was caused by the dangerous condition on the property.
Unfortunately, injuries from falls are common. Thousands of people are injured each year because of a property owner’s negligence or carelessness.
How Common are Slip and Fall Accidents?
Falls continue to be a leading cause of death and injury in the United States. Falls resulted in 46,653 deaths in 2022. Over eight million people are treated in hospital emergency rooms each year for falls, making it the leading cause of emergency room visits.
Slip and fall accidents account for about 12 percent of the falls treated in emergency rooms, or about one million visits. About five percent of the people who receive medical treatment for falls sustain fractures. According to the CPSC, flooring materials and floors contribute to approximately two million falls each year.
Accidental falls injure people from all age groups. However, a third of the people age 65 or over will experience a fall, and half of those individuals have repeated falls. Falls are the second leading cause of injury-related death for individuals between the ages of 65 and 84 years, and the leading cause of injury-related death for individuals 85 years and older.
Common Causes of Slip and Fall Accidents
The causes of slip and fall accidents are numerous. Any hazardous condition could potentially cause someone to trip, slip, or fall. However, there are some common property conditions or hazards that can cause a fall.
Common causes of slip and fall accidents include:
- Wet and slippery floors
- Torn and damaged carpet and flooring
- Improperly maintained stairs and handrails
- Electrical cords, debris, and other tripping hazards across and in walkways
- Broken and damaged sidewalks and walkways
- Improper lighting
- Malfunctioning elevators and escalators
- Uneven surfaces, including unmarked holes or dips in the ground
A property owner is expected to make reasonable efforts to maintain the property. Reasonable efforts include inspecting the property periodically, making necessary repairs immediately, and providing adequate warning of potential hazards and dangers. When a property owner fails in this duty of care, people are injured.
Types of Injuries Caused by Slip and Fall Accidents
The injuries caused by slip and fall accidents vary. However, even a slip and trip can result in broken bones and other serious injuries. A fall should always be treated seriously until a doctor conducts an examination to determine the extent of the injuries.
Common slip and fall injuries include, but are not limited to:
- Broken bones
- Fractures
- Whiplash
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries
- Skull fractures
- Broken vertebrae
- Concussions and contusions
- Sprains and strains
- PTSD and depression
- Hip fractures
In some cases, a person may recover from fall injuries in a few weeks or months. However, some individuals may require surgery and lengthy physical therapy to recover from injuries. Tragically, other slip and fall victims may sustain permanent disabilities and impairments that have lifelong consequences.
What Type of Damages Can A Slip & Fall Victim in Mobile, Alabama Recover?
Slip and fall accidents cause a variety of damages. Damages available to persons injured in Mobile or in the State of Alabama at large include physical injuries, emotional distress, and financial losses. The type and amount of damages depend on the circumstances and facts of each case.
Traumatic injuries and permanent disabilities increase the value of a slip and fall claim. The cost of future medical care and ongoing personal care, combined with a loss of income, can be substantial. However, less traumatic cases can also result in substantial damages.
Slip and fall accidents typically result in damages such as:
- Medical Expenses
- Loss of Income and Benefits
- Diminished Earning Capacity
- Personal Care Costs
- Travel Expenses
- Emotional Distress
- Physical Pain and Suffering
- Loss of Enjoyment of Life
- Loss of Quality of Life
Determining the value of the damages can be challenging. The financial losses are documented through bills, invoices, and payroll records.
However, noneconomic damages do not have an invoice. There is not a standard formula for assigning a value to pain and suffering damages.
The Mobile, Alabama slip and fall attorneys at Lattof & Lattof, P.C. understand how to value these damages based on the facts in the case.
What Happens If The Victim Was Partially to Blame for The Injury?
In some cases, an insurance company or property owner may try to blame the victim for his or her injury. The reason for this tactic is that Alabama is just one of the few remaining states in the country that have adopted the strictest standard for contributory negligence.
Under Alabama’s pure contributory negligence standard, a victim who contributed in any way to the cause of the accident or injury cannot recover any compensation for damages. In other words, if you were even the slightest at fault for your fall, the state’s pure contributory negligence standard bars you from recovering compensation for your injuries and damages.
The standard does not apply in all cases involving children or individuals who are not mentally competent. The law recognizes that children and some adults may not have the mental capacity to understand certain risks.
Is There a Deadline for Filing a Slip and Fall Lawsuit in Alabama?
Yes, lawsuits for damages caused by slip and fall injuries generally must be filed within two years of the date of the fall.
There are very few exceptions to the Statute of Limitations for injury claims related to falls, so the victim should always assume that a lawsuit must be filed within two (2) years.
Furthermore, your time to file a slip and fall claim could be much shorter in some cases. If a government entity or agency is involved, you have just six months to file a claim, or you could lose your right to pursue a lawsuit for your injuries.
If you are injured in a slip and fall accident in Mobile or anywhere in Alabama, you should immediately contact one of the slip and fall attorneys in Mobile at Lattof & Lattof, P.C. to make sure that your rights are fully protected and to help you navigate the complexities of this type of premises liability case.
Do I Need to Hire a Slip and Fall Accident Attorney in Mobile to File a Claim?
If you’ve been injured in a slip and fall in this area, hiring a Mobile slip and fall lawyer is beneficial in numerous ways. Some of the steps that an attorney takes to protect your best interests and legal rights after a slip and fall injury include, but are not limited to:
- Investigate the accident to identify liable parties and gather evidence.
- Monitor deadlines for filing claims and lawsuits.
- Identify insurance companies that provide liability coverage for the property.
- Deal with the insurance companies, including filing claims and handling all requests, communications, and negotiations.
- Document damages, including obtaining medical records, payroll records, and other evidence of financial losses.
- Protect you from bad faith insurance practices and aggressive claims practices.
- Calculate the correct value of your slip and fall claim.
- Advise you of your rights and options regarding a claim.
- Prepare and file a slip and fall lawsuit, if necessary.
Throughout the claims process, our legal team at Lattof & Lattof also provides support and guidance as you continue to heal and manage your life after a fall. Our goal is to decrease your stress and anxiety about a personal injury claim so that you can focus all your attention on your recovery.
Get Help with Your Claim From an Experienced Slip and Fall Attorney in Mobile
If you were injured in a fall on another party’s property, seek immediate medical attention. Document your injuries and avoid talking to the insurance company until you speak with a member of our law firm.
Contact Lattof & Lattof for a free consultation with one of our Mobile slip and fall lawyers. We are here to help you seek the compensation you deserve after being injured in a fall.
Mobile, AL Slip and Fall Accident Testimonial
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Mobile, AL Physical Therapists
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