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Monthly Archives: October 2019
Does the Existence of a Warning Sign Affect My Slip and Fall Claim?
Oct 31, 2019 - Personal Injury by Cross & Smith
Experienced Injury Attorney in Tuscaloosa, AL If you’ve been injured in a slip and fall accident on another’s property, then you may be entitled to significant compensation under Alabama law. In Alabama, premises liability law gives injured persons the right to sue and recover damages in cases where they have been unreasonably exposed to a property hazard, and subsequently harmed. In some instances, however, the property owner may have installed a warning sign that alerted you (and other entrants) as to the hazard at-issue. How does that influence your ability to bring a successful action for damages? Property Owner Liability Property owners have a duty to maintain a reasonable safe premises for entrants. If they fail to do so (either by failing to inspect the property to identify dangerous conditions, or by failing to correct those dangerous conditions once discovered), then they can be held liable. It’s worth noting that property owners are given other options under Alabama law. Rather than correct the dangerous condition, they can put up a sign warning premises entrants of the dangerous condition. That way, premises entrants have an opportunity to avoid the risky area, or to exercise additional caution when traversing the property. Shifting Responsibility Through Warning Signs In premises liability disputes, obviousness is a critical issue. If the dangerous condition (that caused the injury) was known or obvious to the plaintiff, then they cannot bring a successful action for damages. The existence of a warning sign serves as “notice” in the sense that […]
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