What are Some Common Summer Injuries?

Jun 30, 2026 - Personal Injury by Cross & Smith

Summer fun is here! From boating and swimming at Gulf Shores to hiking at DeSoto State Park, it’s time to get outside and get active. But it’s important to be aware that many personal injuries occur during summertime. Here are some things to be aware of as you plan your summer activities:

• Boating accidents – The U.S. Coast Guard reported that, in 2024, there were approximately 4,000 boating incidents that resulted in approximately 600 deaths. Alcohol involvement is the leading cause of death and injuries, and failure to wear flotation devices is also a common cause of boating accidents and injuries.
• Swimming – Alabama presents many opportunities for recreational swimming, from community pools to chilly mountain lakes to the warm waters of the Gulf of Mexico. However, according to the organization World Life Expectancy, 1.5 people per 100,000 die in Alabama from swimming pool injuries, open water accidents, and unintentional drowning each year.   
• Heat-related Illnesses – Too much sun can cause heat strokes and other heat-related illnesses whose symptoms can include burns, muscle aches, dizziness, and confusion. 
• Sports and Recreational Injuries – Sports fields and playgrounds present many opportunities for injuries, from sprains to broken bones. 

Some of these accidents and injuries are caused by the injured party. As you engage in summer activities, it’s important to think about the possible consequences of oversights such as failing to hydrate properly or wear a flotation device in the water. But in many cases, negligence on the part of a third party is the cause of an accident or injury. In such a case, you may be entitled to compensation from the responsible party. 

What Legal Elements are Necessary to Prove Negligence?

In order to prevail on an allegation of negligence against another party, you must prove four legal elements:

• Duty of Care – The first element you must prove is that the defendant had a duty of care to you. For example, in most cases, other drivers have a legal duty to follow the rules of the road and take care not to harm other drivers. As another example, a water park operator has a duty of care to maintain the water park in a safe manner for paying guests. 
• Breach of Duty of Care – If the defendant owed you a duty of care, the next legal element that must be proved is whether the defendant breached that duty of care. This is a question of fact for the judge or jury, and will be determined based on whether the defendant’s behavior met the requisite standard of care. 
• Proximate Cause – Third, you must prove that the defendant’s failure to meet the standard of care was the proximate cause of your injury. 
• Damages – Fourth, you must prove that you had actual, compensable damages that resulted from the breach of the duty of care. 

What Damages Can Be Obtained?

If a judge or jury determines that the four legal elements have been satisfied, you may be entitled to damages. There are three types of damages available in Alabama and most states:

• Economic Damages – Economic damages are available to compensate an injured party for medical expenses, rehabilitation costs, pharmaceuticals, home health assistance, lost wages, and other out-of-pocket expenses. 
• Non-economic Damages – These types of damages, more difficult to quantify than economic damages, include compensation for pain and suffering, emotional distress, and loss of consortium and loss of companionship.
• Punitive Damages – Your Tuscaloosa personal injury attorney may counsel you to seek punitive damages in certain cases. Punitive damages are available in Alabama and are governed by a specific statute. According to Alabama Code § 6-11-21, punitive damages cannot exceed three times the compensatory damages or $500,000, whichever is greater. Additionally, punitive damages may only be awarded in tort actions where there is clear and convincing evidence that the defendant engaged in oppression, fraud, wantonness, or malice.

What is Alabama’s Contributory Negligence Law?

It’s important to be aware that Alabama has an extremely harsh contributory negligence law. If you are found at all responsible for your injury, you will be barred from recovering any compensation. So, for example, if you ignored warning signs and were running at a water park, suffered a slip and fall accident, and broke your ankle, you would likely be barred from recovering compensation against the water park owner, regardless of the owner’s negligence. 

What is the Statute of Limitations in Alabama?

The Alabama Statute of Limitations is generally a two-year period which starts on the date when you sustained the injury. In certain cases, such as with medical malpractice, you may not know the exact moment when an injury occurred. In such a case, the two-year statute of limitations will begin running when you should have learned of the injury. For example, in cases where a surgical instrument has been left inside a body cavity, it may take days or months or even longer before the patient begins to suspect malpractice.

Alabama law provides that the statute of limitations is paused for minors until they reach age 19. Special rules apply to filing a personal injury lawsuit on behalf of a minor, so it’s important to contact a Tuscaloosa personal injury attorney in these situations. 

Contact Cross & Smith, LLC Today for Help

Summer can be a great time for the entire family to enjoy being outdoors and engage in activities such as boating, swimming, hiking, and barbecuing. But it’s important to be prudent and stay mindful of things that might cause accidents and injuries. Be sure that when you are outside, everyone wears sunscreen and is well-hydrated. Use flotation devices and safety vests when swimming and boating. Following common sense guidelines will go a long way toward ensuring a safe and happy summer.

But if you do need to obtain legal counsel, here at Cross & Smith, we have many years of experience helping our clients obtain the compensation they deserve when a third party’s negligence has caused their injury.  We are skilled and compassionate lawyers, with depth and breadth that’s unmatched in Alabama. Contact us today to see how we can help you.