Practice Areas

Jul 31, 2026 - Personal Injury by Cross & Smith

If you’ve been bitten by an off-leash dog, suffered whiplash due to a car accident caused by reckless driving, or broken your leg on a poorly maintained stairway in a public building, you may have a personal injury cause of action. In Alabama, as in most states, if you are injured through the negligence of another party, you may be entitled to damages. In order to show the negligence of the liable party, who is known as the defendant, a plaintiff  needs to prove the following: The defendant owed you a duty of care The defendant breached the duty of care The breach of the duty of care was the cause of the plaintiff’s injury or injuries The damages from the injury or injuries are compensable In regard to the first two elements, It’s important to know that, in many cases in public life, people owe a duty of care to each other. For example, it’s well-established that drivers must follow the rules of the road and obey traffic laws and signs. Similarly, a property owner who accepts the public into her retail space or restaurant owes the public a duty of care to have well-maintained premises that will not result in slips and falls or other injuries. A dog owner has a duty of care to ensure that his dog will not harm others in a public space. A breach of those duties of care can lead to a finding of negligence and ultimately liability on behalf of the […]