The most common type of premises liability lawsuit in Alabama arises as a result of a "slip-and-fall" or "trip-and-fall." Circumstances vary widely, but tend to involve injuries caused by falling as a result of tripping or slipping as a consequence of liquid or debris on floors, uneven surfaces or defects in the ground, poor lighting or some other hazardous condition.
However, simply proving injury on a person's property is not enough. State law burdens plaintiffs with many requirements. Included is establishment of duty according to plaintiff's status on site, as well as a prima facie (first impression) showing that the foreign substance or object caused the fall and the defendant knew or should have known of it at the time of the fall and failed to address it. The requirements may differ slightly if the alleged hazard was a property defect, rather than a foreign substance. However, in either case, the plaintiff's on-site status will be key.
Our Montgomery injury lawyers know the differentiation will determine the duty defendant owed the plaintiff.