Slip and Falls
Alabama
In Alabama, slip and fall cases fall under the doctrine of premises liability, which requires property owners to maintain reasonably safe conditions for people lawfully on their premises. To succeed in a slip and fall claim, the injured party must prove that the property owner either created the hazardous condition, knew about it, or it existed for such a length of time that the owner should have discovered and remedied it through ordinary care.
Key Elements of an Alabama Slip and Fall Case:
- The injured party must establish that the owner breached a duty of care by failing to maintain reasonably safe premises or warn about known dangers.
- The property owner's liability often depends on whether the owner created the condition or had actual or constructive notice of the hazard.
- There is contributory negligence in Alabama: if the injured person is found even 1% at fault, they may be barred from recovery. As such, it is imperative that you are #Askin4Baskin prior to making any recorded statements about your slip and fall.
Evidence Preservation
- Preserving evidence is crucial; Alabama law imposes a duty on parties to preserve relevant evidence, and lawyers often send spoliation letters to ensure essential proof such as surveillance footage is retained.
- If a property owner discards or destroys evidence, such as video of the accident, a court may sanction the owner, including negative inferences or attorney fee awards.
Advised Actions
What you should do if you are injured in a slip & fall in Alabama:
- Document the scene with photographs;
- Get contact information from any eyewitnesses;
- Promptly report the accident and request an incident report;
- Seek medical attention and keep records of treatment;
- Consult an attorney early for help in sending preservation letters and securing critical evidence before it is lost or destroyed
Timely help by #Askin4Baskin can be the difference between a successful recovery and a lost case due to missing or destroyed evidence or statutory deadlines.
Florida
Florida Statute § 768.0755 governs slip and fall cases involving a "transitory foreign substance," placing specific obligations on injured parties and property owners. Under the law, to hold a business liable after a slip and fall, the injured person must prove that the business had actual or constructive knowledge of the hazard and failed to take reasonable action to remedy it. A "transitory substance" includes any liquid or solid that is out of place—such as spilled drinks, food, or cleaning products—on the premises.
Why the Statute Matters
Florida's statute shifted the burden of proof to the plaintiff, meaning those injured must demonstrate that the dangerous condition existed for long enough that the business should have known about it, or that such conditions were regular and foreseeable. This law makes it harder for victims of slip and falls to recover unless evidence clearly shows the property owner's failure to act on known dangers.
The Importance of Early Legal Help
Prompt retention of an attorney after a slip and fall is critical to protect your rights and preserve essential evidence. Physical evidence, such as surveillance footage, photos, and witness statements, can disappear or degrade quickly unless steps are taken to formally preserve it.
Advised Actions
People injured in a slip and fall should act quickly:
- Seek immediate medical attention for any injuries.
- Report the incident to the property owner and request an official report.
- Take photographs or videos of the hazard and your injuries
- Get any eyewitness contact information.
- Preserve evidence, including clothing, shoes, and any objects involved; do not alter or clean up the scene.
If you are hurt in such a case, you need to be #Askin4Baskin as soon as possible. Early involvement ensures vital evidence is preserved and increases your chances of building a successful case by ensuring critical evidence is preserved so those responsible can be held accountable.
Drew Baskin
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