David Greene from Greene and Phillips law firm joined us on Studio10 with some important legal information on slip or trip and fall accidents.
Below is a list of some of the questions and answers discussed on Studio10:
First off, what is a slip and fall accident and how is this a legal issue?
Slip and Fall or Trip and Fall accidents have to do with an area of the law called Premises Liability, which is a term that describes the responsibility that a property owner has to warn invited visitors or guests to possible dangers on the property.
What we have found is that property owners do not always provide a reasonable level of care to ensure their property is free of hazards that could cause serious harm to their customers and guests. Certainly not every time someone trips and falls or slips and falls it is a case. Tripping and falling is a part of day to day life. However, when a trip or slip is caused by a hazard that one would have a reasonably expectation the property to not have, then there likely can be a case.
What other types of Premise Liability cases are there?
Slip and Fall - Where there is something slick on the floor and the victim slips on it and falls.
Trip and Fall - Sometimes a building will have a area of the floor that is uneven or has a large defect that could be a tripping hazard.
In cases like this how do you determine liability?
For a business or individual to be responsible for the injuries that you suffered from as the result of slipping or tripping the following must be true:
1. Owner or employee caused the hazard (spill, torn spot, or other danger)
2. Owner or employee had to have known about the danger and done nothing about it.
3. Owner or employee should have known the surface was dangerous because a reasonable person taking care of the property would have done something to fix it.
What kind of evidence can help a premise liability case?
Take photos and video with your phone camera. Also, witnesses can be very helpful.
What about security cameras in store, can that be used to help your case?
Often the store or premise will have closed circuit video camera that will have footage that can be retrieved. A lawyer will be able to get access to these files. Business have retention policies that after a certain period of time they will delete old footage to make room for more footage. In this case it’s very important to get a lawyer involved so that they can secure these recordings to help your case.
What should a victim of this sort of accident do?
Make sure to alert the property owner or manager of the incident, seek medical attention, don’t talk to the other party’s insurance company, contact a lawyer that deals with this sort of accident.
Mobile Police said a man was robbed by two other men at Demouy Avenue and Conti Street, Tuesday, December 4, 2013 around 10 p.m.
An Eight Mile mother is fearful after no arrests have been made in an October home invasion at her home. FOX10 News is taking a closer look at the case.
A former NFL star and Alabama football player with many ties to the Gulf Coast was arrested and charged after leading police on a high speed chase in George County, MS, Tuesday, December 3.
Police arrested a man they said is responsible for a number of burglaries on both sides of Mobile Bay.
Foggy Nights, Warm Days, and Spotty Showers in the Forecast.