People slip and fall every day. They may get out of the shower and slip on the wet tile floor. They may step out of their vehicle only to twist their ankle and fall.
Most of the time, there is no one else to blame in these instances. After all, installing non-slip mats in bathrooms is as important as being careful when getting in and out of cars.
However, slips and falls are not always the fault of the victim. If you, for instance, fall because of someone else’s negligence, you can hold them responsible. The best way to do this is to file a personal injury case (if you are injured in the fall).
It is important to remember that the legal framework that these incidents fall into varies by state. Alabama enforces contributory negligence laws, which can have a negative effect on your slip and fall claim.
What Is a Slip and Fall Claim
Not all slip and fall accidents are serious enough for a legal claim. If you fall and do not get hurt, you cannot sue the property owner where you fell.
You can likely file a claim if you fall on someone else’s premises and sustain injuries. However, you can only do so if you have proof that the property owner, manager, or occupier neglected to maintain a safe environment for visitors.
For instance, someone may have washed the floor and not considered putting up a ‘wet floor’ sign. A lack of signage will instantly strengthen your case. The same applies to poor lighting. If the property owner was informed about the poor lighting and did nothing to fix it, you can hold them accountable if you take a spill in the dark on their property.
Premises Liability in Alabama
According to premises liability laws in Alabama, those who own or occupy buildings must maintain their properties and premises. This equals a duty of care to visitors. The extent of the duty of care depends on the status of the visitor and how they came to be there.
For example, you may have been invited onto a property for business purposes. A shop owner may advertise a 50% discount in the window, inviting everyone to come in and buy.
That shop owner owes you a duty of care. This duty of care means keeping the premises safe and free of obvious hazards.
If you are a social guest, the property owner must warn you about known dangers you may not immediately be able to spot. Failing to do so can be interpreted as a breach of duty, which opens the door to a personal injury lawsuit.
Keep in mind that if you enter a property without the owner’s permission, the duty of care of the owner is vastly diminished. The property owner will owe you a minimal duty of care to avoid willfully injuring you.
Contributory Negligence in Alabama
Alabama operates within contributory negligence law. This legal standard bars victims from claiming compensation if they are partially at fault for their injuries.
This law is strongly enforced in this state, so even if you are only found to be 1% to blame for your injuries, you cannot file a personal injury case.
This standard starkly contrasts with comparative negligence systems used in other states. Under comparative negligence rules, a plaintiff’s compensation is reduced by their percentage of fault.
However, it is important to note that in Alabama, the contributory negligence law only applies to those over age 14. The court system here has ruled that children younger than 14 cannot be liable for their injuries in a contributory way. Children under seven cannot be held liable at all.
Implications for Slip and Fall Claims
The contributory negligence rule will make it challenging to claim compensation after a slip and fall successfully. You may believe that your fall happened because of another person’s negligence. And you may also be right.
However, the defendant (property owner) can and likely will argue that you were also negligent. All the defendant needs to do is prove you were 1% or more to blame for your fall, and they will not have to compensate you for anything.
Unfortunately, this is easy to do in some cases. If you ignored a warning sign or were distracted by your phone, the defendant’s legal team can claim contributory negligence.
Contributory Negligence in 2025
In 2025, Alabama will continue to uphold and follow the contributory negligence doctrine. The Supreme Court of Alabama reaffirmed in 2024, during the Virgo v. Roberts case, that contributory negligence is a complete defense to negligence claims.
This decision highlights the state’s commitment to maintaining this harsh legal standard.
Proving Liability in Your Slip and Fall Case
You need a competent and reputable lawyer to win an Alabama slip and fall personal injury case. Your lawyer will help you prove the following:
- Duty of care. You and your lawyer must work together to prove the property owner owed you a legal duty of care.
- Breach of duty. You must also demonstrate that the owner failed to maintain their property or warn you of a potential hazard leading to your fall. At the same time, you need to prove that you were not distracted and that you did not flout warnings.
- Moreover, you must prove that the property owner’s breach of duty caused your fall and injuries.
- Lastly, you must calculate the losses and damages you suffered from the fall and your injuries.
It will be easier to prove these elements if you follow the right steps after your fall. You should take photos of your injuries after the fall and the hazards that caused you to fall.
You must report the incident to the property owner or manager and your insurance company. Get the medical attention you need to secure medical reports linking your injuries to the incident.
Never admit fault, even if you are unsure whether you are partly to blame. Do not make statements to any insurer without your lawyer present.
Winning a Slip and Fall Case in Alabama Is Possible
You can win a slip and fall case in Alabama with the right personal injury lawyer. Allow your lawyer to guide and advise you on what to do and say. This will give you the best chance of success.