- The owner caused the unsafe condition
- The owner had knowledge of the condition, but failed to fix the problem or prevent injury to others by posting a warning.
- The owner neglected to maintain the property at a level where injuries would not occur.
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In order to determine if a property owner's actions, or lack thereof, would be considered reasonable, the court has to consider the length of time the unsafe condition existed and if the owner of the property had a reasonable amount of time to repair the condition. A jury may also consider whether the steps taken to remedy the condition were satisfactory and whether the lack of care of the victim was a determining factor in the injury.
When is the Property Owner Not Liable?
In Alabama, the "reasonable person" standard applies to the victim and the property owner. If the victim was somewhere he or she should not have been or was engaged in an inappropriate activity, the property owner may not be held responsible. Likewise, if a reasonable person would have seen the problem and been able to avoid it, the victim's own carelessness may be to blame.
Exemptions and Special Circumstances
Special circumstances can become involved in land owner liability for a slip and fall accident. Some of these circumstances include accidents on public and government land. These types of cases require a personal injury lawyer that is experienced in handling cases involving this type of litigation. Contact Shunnarah Personal Injury Lawyers today, we can represent you in this type of case.
If you or a member of your family is suffering or has suffered from a Slip and Fall incident, contact us at Shunnarah Personal Injury. Our attorneys specialize in getting our clients the compensation they deserve.
