A slip and fall or trip and fall accident comes within an area of the law known as premises liability. Under Alabama law, a premises owner has a duty to keep their premises in a reasonably safe condition for a business invitee. The plaintiff or injured party has the burden of proof in slip and fall case to establish that the premises owner/operator knew or should have known of the dangerous condition on their property that caused the person to fall. This often is a tough burden to meet. However, this can be established in a variety of ways: 1. Does the premises owner have a policy and procedure whereby they monitor their premises; 2. If the fall was caused by a substance, was there such a large amount that they should have noticed it?; 3. If the fall was caused by a defect in the premises the premises owner is presumed to have notice and knowledge of the condition; and 4. If the defect was created by the premises owner they are presumed to have notice – i.e. leaving an object sticking out in the aisle.
As Huntsville Alabama slip and fall accident lawyers, here are a few tips on what you should and shouldn’t do following a fall:
- Always report the fall to store personnel before you leave the store; however, do not admit fault to the store personnel.
- If there are any witnesses be sure to get their names and contact information.
- If you tripped over an object or slipped on a substance take pictures of where you fell and what caused you to fall with a camera phone.
- Look around and see if you notice any cameras in the area that might have recorded your fall.
- Preserve the shoes you were wearing at the time you fell.
- Preserve and do not wash the clothes you were wearing.
- Seek immediate medical treatment.
- Consult with an experienced Huntsville, AL personal injury attorney.
Following these tips after an Alabama slip and fall accident can make the difference in whether a plaintiff will be able to prevail or not on their claim. If you or your someone in your family has been the unfortunate victim of a slip and fall accident, call the experienced Huntsville trip and fall attorneys at Martinson & Beason, PC for a free personal injury consult.