Slip and Fall Accident Attorneys in Mobile, AL

Slipping and falling on a wet surface can lead to serious injuries. In an instant, you or someone you care about may suffer serious personal injury due to a slip and fall at a restaurant, retail store, hotel, swimming pool, or some other public location. According to one recent study, slip-and-fall rates in the United States increased an enormous 30% between 2007 and 2016 for older adults.

If these rates continue to increase, by the end of this decade, there could be approximately seven deaths from slip-and-fall accidents every hour. In addition, the Centers for Disease Control indicated that one out of every five slip-and-fall accidents causes serious injuries like broken bones or even a head injury.

All told, falls are the most common cause of traumatic brain injuries in the country, to say nothing of the other harrowing stats the CDC discovered. That’s why the Mobile slip-and-fall injury lawyers at Caldwell Wenzel Asthana Injury Lawyers take these situations incredibly seriously.

We’re award-winning slip-and-fall attorneys who have recovered millions for our clients over the years, and we’re honored to have the opportunity to do the same thing for you. We know what can happen to someone’s life if the injuries from a slip-and-fall accident are left unaddressed, and we do not want to see that happen to you.

In a slip-and-fall accident case, the injured party must prove that the property owner either created the hazardous conditions leading to the injury or was aware of an existing hazard but failed to address it reasonably. Three essential elements must be proven in a premises liability case:

• The property owner owed a duty of care to maintain a safe environment.
• They breached this duty of care.
• The breach of duty directly resulted in the victim’s injury.

Determining the viability of your claim and proving liability in slip-and-fall accident cases can be difficult. During your initial consultation, our personal injury attorneys evaluate your case and offer straightforward advice on the most effective steps to take. If a valid claim exists, we begin establishing liability by gathering evidence, including photographs of the accident scene and your injuries, incident reports, medical records, witness statements related to your injuries, and any other pertinent information.

In certain instances, an insurance company or property owner may attempt to assign blame to the victim for their injury. This strategy is employed because Alabama adheres to one of the strictest contributory negligence standards.

Under Alabama’s pure contributory negligence law, any victim who played even a minor role in causing the accident or injury cannot seek compensation for their losses. In simpler terms, if you bore even the slightest responsibility for your slip and fall, the state’s pure contributory negligence standard prohibits you from seeking compensation for your injuries and damages.

It’s important to note that this standard doesn’t apply to all cases, especially those involving children or individuals who lack mental competence. The law recognizes that children and some adults may not possess the mental capacity to understand certain risks.

You must file a slip-and-fall lawsuit within a two-year window from the date of the accident.

The statute of limitations governing injury claims associated with falls offers few exceptions. One possible exception is if the victim is a minor or someone lacking mental competence, which could extend the deadline for filing a slip-and-fall claim. Additionally, an exception might apply if the victim does not discover the injury until later. However, it’s crucial never to assume a time frame exceeding two years for filing a slip-and-fall lawsuit.

Moreover, the time frame for filing a slip-and-fall claim could be significantly shorter in specific scenarios. When a government entity or agency is involved, the window shrinks to just six months for submitting a claim; failing to do so within this time frame could result in the forfeiture of your right to pursue a lawsuit for your injuries.

To protect your legal right to hold the property owner accountable for damages and injuries, it is advisable to promptly reach out to a Mobile slip-and-fall attorney after sustaining an injury.