John R Spencer Attorney in Mobile, AL FREE Consultation: 251.445.0590
   

Slip and fall accidents are the
number one cause of accidents
in hotels, restaurants
and public buildings.

 
     
 
 

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Slip and Fall / Trip and Fall

Slip and fall accidents are the number one cause of accidents in hotels, restaurants and public buildings. According to the National Restaurant Association, slip and falls are the greatest source of liability insurance claims. Seventy percent (70%) of slip and falls occur on flat and level surfaces. According to the Center for Disease Control and Prevention (CDC), slip and fall or trip and fall accidents are the second leading cause of accidental death and disability after automobile accidents. In fact, in 2008 (the latest statistics available) “unintentional falls” were reported as the number one cause of non-fatal injuries in America’s Emergency Rooms. The National Safety Council reports that the most common injuries attributed to falls are fractures of the hip, spine and forearm.

Most people assume that the property owner (such as a restaurant, department store or hospital) is automatically responsible if you slip, trip or fall on their premises. Although common, this belief is incorrect. The duty the property owner owes to you depends on your purpose for being on the property to begin with. For instance, the duty a property owner owes to a trespasser is simply not to do anything to wantonly or intentionally cause harm. The duty a property owner owes to a social guest is not to wantonly, willfully or intentionally injure him or her. The duty a property owner owes to a “business invitee” is to maintain the property in a reasonably safe condition and to warn of known hidden dangers. The property owner does not, however, have to warn you if the hazard is open and obvious. A customer at a store, restaurant or other place of business is known as a “business invitee.”

Damages frequently sought and awarded by juries in premises liability cases include:

• Compensation for physical pain
• Compensation for mental anguish
• Compensation for medical bills
• Compensation for property damage
• Compensation for lost income or wages
• Compensation for loss of future earning capacity
• Compensation for permanent injury or disfigurement
• Compensation for loss of companionship of a spouse

When a business acts willfully or recklessly and totally disregards the rights or safety of others they are said to be acting wantonly. In other words, wantonness is acting in a manner that you know is likely going to hurt someone. For instance, the refusal to correct or to warn people about a known hidden danger after several people have been injured may constitute wanton conduct.
In certain cases, a business may be guilty of negligence and wantonness. In addition to the compensation listed above, juries may also award punitive damages. Punitive damages are not only meant to punish the business, but also to set an example to deter other businesses from acting in that same way.

As with auto accidents, I have seen first hand the severe and life altering injuries that may result from slip and fall accidents. What begins as an enjoyable meal at a favored restaurant ends with a broken back. A stop at the market ends in a torn rotator cuff. A day at the mall ends with a broken collar bone.

Many victims of slip and fall or trip and fall accidents believe that they can’t afford to fight for what is right because the other side will have deep pockets and can quickly outspend them. But, you don’t need a large bank account. Just an experienced attorney in your corner to fight for you. In most cases we can represent you on a “contingency” basis, which means you’ll only pay a legal fee if we make a recovery for you. If we don’t get results in your favor (through a cash settlement or a jury verdict) you don’t owe us a fee for our services.

At John Ronald Spencer, P.C., there is never a charge to meet with you to determine whether you have legal rights that must be protected. The initial consultation is always free. You have nothing to lose if you make the call. But, you may lose all of your legal rights if you do nothing. Call (251) 445-0590 today to schedule an appointment with an experienced trial attorney.

 

 
       
  ©2014 All rights reserved. John Ronald Spencer, P.C. The content of this website is for informational purposes only and should not be construed as legal advice. Nothing contained herein shall establish or create an attorney-client relationship. No opinions regarding the value of a particular legal claim or future results are intended. Every case is different and must be evaluated upon its individual facts and circumstances. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.” Alabama Rules of Professional Conduct.  
       
   


John Ronald Spencer, P.C.
301 St. Louis, St., Mobile, AL 36602 | tel. 251.445.0590 | fax. 251.432.7817

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  John R. Spencer, P.C. practice areas include:

Akka, Alabama Port, Allenville, Barnwell, Battles Wharf, Bayou La Batre, Bay Minette,  Bayleys Corner, Belforest, Bellfountaine, Blacksher, Blakeley, Bon Secour, Bridgehead, Bromley, Bucks, Calvert, Carney, Carpenter, Caswell, Cedar Grove, Chastang, Chickasaw, Chunchula, Citronelle, Clay City, Coden, Creola, Crichton, Crossroads, Daphne, Dauphin Island, Dawes, Delchamps, Dixon Corner, D’Olive, Douglasville, Dyas, Eight Mile, Elberta, Ellisville, Elsanor, Fairhope, Fairview, Farnell, Faustinas, Fernland, Foley, Fort Gaines, Fort McDermott, Fort Morgan, Fort Studdard, Fowl River, Gasque, Gateswood, Georgetown, Grand Bay, Gulf Highlands, Gulf Shores, Gulfcrest, Hatters, Heron Bay, Houstonville, Irvington, Jackson Oak, Josephine, Kushla, Latham,Laurendine, Lillian, Little River, Lloyds, Lottie, Loxley, Mackies, Magazine, Magnolia Beach, Magnolia Springs, Malbis, Mann, Marlow, Mauvilla, Mertz, Miflin, Millertown, Mobile, Moffet, Mon Louis, Montrose, Mount Vernon, Movico, Navco, Neely, Nenemoosha, Neshota, North Mobile, Oak Grove, Orange Beach, Orchard, Palmetto Beach, Park City, Pennsylvania, Perdido, Perdido Beach, Phillipsville, Pinchona, Pine Grove, Pineola, Plateau, Point Clear, Prichard, Rabun, Redtown, River Park, Robertsdale, Romar Beach, Rosinton, Saint Elmo, Salco, San Souci Beach, Saraland, Satsuma, Saraland, Seacliff, Seminole, Semmes, Serange, Seven Hills, Sibert, Sidney, Silverhill, Smithport, Smithtown, Spanish Fort, Stapleton, Steelwood, Stockton, Summerdale, Sunny Cove, Tacon, Tanner Williams, Tensaw, Theodore, Tillmans Corner, Toulminville, Turkey Branch, Union Church, Vaughn, Volanta, Whistler, Warley, Wheelerville, Whitehouse Forks, Whistler, Wilmer, Yupon

 

 
email john@jrspencerlaw.com