Personal Injury

Dothan Slip and Fall Lawyers

A fall can mean broken bones, surgery, and weeks away from work. If a dangerous floor or walkway caused it, the business or property owner may be responsible.

The short answer

In Alabama, a store or property owner is not automatically liable for a slip and fall. You generally must show a dangerous condition caused the fall and that the owner created it, knew about it, or should have found it because it was there long enough. The open-and-obvious defense and contributory negligence often decide these cases.

What you must show
A hazard caused the fall, and the owner created, knew of, or should have found it
Main defenses
Open and obvious; contributory negligence
Filing deadline
Generally 2 years (Ala. Code § 6-2-38)
Most fragile evidence
Surveillance video, often overwritten quickly

Dothan Law Group’s slip and fall lawyers represent people injured in falls at grocery stores, retail stores, restaurants, hotels, apartment complexes, parking lots, and offices in Dothan and across the Wiregrass. Falls can cause broken wrists and hips, head and brain injuries, back and neck injuries, and torn ligaments that need surgery and keep people out of work.

Slip and fall cases are a type of premises liability claim. They are also some of the most heavily defended claims in Alabama, because the law asks a lot of the injured person. Knowing what you need to prove, and saving the right evidence early, makes a real difference.

When is a property owner responsible for a slip and fall in Alabama?

A business or property owner is generally responsible when its failure to keep the premises reasonably safe caused your fall. For customers and other business visitors, that means keeping floors and walkways reasonably safe and warning about hidden dangers the owner knew or should have known about.

When the fall involves something on the floor, such as a spill, dropped food, or tracked-in rainwater, Alabama courts generally require proof of one of the following:

  • The business created the hazard. For example, an employee mopped without a sign or a display leaked onto the aisle.
  • The business actually knew about it. For example, a customer reported the spill and no one cleaned it up.
  • The hazard was there long enough that the business should have found it. This is often called constructive notice, and it usually depends on how long the condition existed and how often the area was inspected.

Proof of how long a spill was on the floor is often the hardest part. Dirt, cart tracks, or footprints through a puddle, surveillance video, and cleaning logs can all help answer that question.

What causes slip and fall accidents?

  • Wet or freshly mopped floors
  • Spilled liquids, food, or merchandise
  • Rainwater tracked into entrances without mats
  • Leaks from coolers, ceilings, or plumbing
  • Uneven flooring, broken pavement, and potholes
  • Torn or loose carpet and rugs
  • Dangerous stairs and broken or missing handrails
  • Poor lighting in hallways, stairwells, and parking lots
  • Cluttered aisles and walkways

What if the store says the hazard was open and obvious?

That argument is common, and it does not automatically end your claim. Alabama recognizes an open-and-obvious defense: an owner generally does not have to warn about a danger a visitor knew about or should have seen using reasonable care. But whether a hazard was truly obvious is a fact question. Clear liquid on a shiny floor, a step that blends into the floor around it, or a hazard placed next to an eye-level display can all look very different in a photograph than they did to the store’s lawyer.

Alabama-specific: Alabama is one of the few states that still follows strict contributory negligence. If the store can show you were even slightly at fault, such as looking at your phone or wearing unsafe footwear, it may argue you recover nothing. That is why careful evidence about the hazard and how the fall happened is so important. Learn more in our contributory negligence guide.

What evidence is important in a slip and fall case?

The evidence that matters most is often the first to disappear. A spill gets cleaned, a defect gets repaired, and surveillance video is overwritten on a schedule. Useful evidence can include:

  • Photos and video of the exact hazard and the surrounding area
  • Store surveillance footage from before and after the fall
  • The incident report
  • Inspection, sweep, and cleaning logs
  • Names of employees on duty and any witnesses
  • Prior complaints or falls in the same spot
  • Your shoes and clothing from that day
  • Medical records showing your injuries and treatment

A lawyer can send a preservation letter asking the business to keep video and records. The sooner that letter goes out, the more likely the evidence still exists.

What should I do right after a slip and fall?

  • Report the fall to a manager and ask how to get a copy of the incident report.
  • Photograph the exact spot, then take wider photos of the area.
  • Get names and phone numbers for witnesses and note which employees were present.
  • Get medical care at Southeast Health, Flowers Hospital, or your own doctor.
  • Keep your shoes and clothing as they are.
  • Save medical bills, receipts, and records of missed work.
  • Stay off social media about the fall and your injuries.
  • Talk to a lawyer before giving a recorded statement.

What compensation may be available after a slip and fall?

When another party is legally responsible, damages may include medical expenses, future treatment, lost wages, loss of earning capacity, physical pain, mental anguish, permanent impairment, and scarring or disfigurement. The value depends on the strength of the liability evidence, how serious the injuries are, and how long they last.

How long do I have to file a slip and fall lawsuit in Alabama?

Many Alabama slip and fall lawsuits must be filed within two years of the fall under Ala. Code § 6-2-38. If you fell on city property, such as a public sidewalk, a written claim generally must be presented to the city within six months under Ala. Code § 11-47-23. Exceptions may apply. Waiting also hurts even when the deadline is far away, because evidence fades. Our personal injury claim timeline explains what happens after you hire a lawyer.

Talk to a Dothan slip and fall lawyer

We investigate the condition, request surveillance video and inspection records, identify who was responsible for the area, and find the available insurance. If the evidence supports a claim, we pursue it; if it does not, we tell you plainly. Slip and fall cases are typically handled on a contingency fee, with no upfront attorney’s fee and a free first consultation.

Frequently asked questions

Do I automatically have a case if I fell at a store?

No. A business is not automatically responsible because someone falls on its property. Liability depends on what caused the fall, how the hazard got there, what the business knew or should have known, and what it did about it.

What if I slipped on water or a spill in a store?

You may have a claim, but you generally need evidence that the store created the spill, knew about it, or should have found it because it was on the floor long enough. Surveillance video, cleaning logs, employee testimony, and the condition of the spill itself can help show how long it was there.

What if there was no wet-floor sign?

The lack of a warning sign can be important when the owner knew or should have known about a hazard that was not easy to see. It does not prove liability on its own. The full circumstances, including how long the hazard existed, still matter.

What if the store says I should have seen the hazard?

That does not settle the case. Alabama's open-and-obvious defense and contributory negligence rule make visibility important, but they turn on facts like lighting, the hazard's appearance, and distractions. The evidence should be reviewed before accepting the store's version.

Should I give the store's insurance company a recorded statement?

You are not required to give one right away. The adjuster works for the store's insurer, and what you say about how the fall happened can be used to argue you were at fault. Consider talking to a lawyer first.

How long do I have to file a slip and fall lawsuit in Alabama?

Many Alabama slip and fall lawsuits must be filed within two years of the fall under Ala. Code § 6-2-38. Falls on city property generally require a written claim to the city within six months. Exceptions may apply, and surveillance video can be erased within days, so do not wait.

How much does it cost to hire Dothan Law Group for a slip and fall case?

Slip and fall cases are typically handled on a contingency fee. There is no upfront attorney's fee, and the fee is paid from a recovery. The first consultation is free and fee terms are confirmed in writing.

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