A slip and fall or trip and fall accident comes within an area of the law known as premises liability. Under Alabama law, a premises owner has a duty to keep their premises in a reasonably safe condition for a business invitee. The plaintiff or injured party has the burden of proof in slip and fall case to establish that the premises owner/operator knew or should have known of the dangerous condition on their property that caused the person to fall. This often is a tough burden to meet. However, this can be established in a variety of ways: 1. Does the premises owner have a policy and procedure whereby they monitor their premises; 2. If the fall was caused by a substance, was there such a large amount that they should have noticed it?; 3. If the fall was caused by a defect in the premises the premises owner is presumed to have notice and knowledge of the condition; and 4. If the defect was created by the premises owner they are presumed to have notice - i.e. leaving an object sticking out in the aisle.

As Huntsville Alabama slip and fall accident lawyers, here are a few tips on what you should and shouldn't do following a fall:

• 1. Always report the fall to store personnel before you leave the store; however, do not admit fault to the store personnel.
• 2. If there are any witnesses be sure to get their names and contact information.
• 3. If you tripped over an object or slipped on a substance take pictures of where you fell and what caused you to fall with a camera phone.
• 4. Look around and see if you notice any cameras in the area that might have recorded your fall.
• 5. Preserve the shoes you were wearing at the time you fell.
• 6. Preserve and do not wash the clothes you were wearing.
• 7. Seek immediate medical treatment.
• 8. Consult with an experienced Huntsville, AL personal injury attorney.

Following these tips after an Alabama slip and fall accident can make the difference in whether a plaintiff will be able to prevail or not on their claim. If you or your someone in your family has been the unfortunate victim of a slip and fall accident, call the experienced Huntsville trip and fall attorneys at Martinson & Beason, PC for a free personal injury consult.

Alabama currently has the exact same two-year statute of limitations for suits based on sexual abuse. In Alabama, a victim may bring suit against the perpetrator within two years of the incident. Alabama Code § 6-2-38(l) contains no general statutory exception for sex-related actions. Moreover, the Alabama Supreme Court does not permit a sexual abuse action to be filed when suppressed or latent memory of the incident arises beyond the statute of limitations. Travis v. Ziter, (Ala. 1996). One victim-friendly aspect of Alabama's law says that there is a tolling of the statute of limitations for minors and that the clock begins running only once you turn 19-years-old. Alabama Code § 6-2-8 does specify that even under such circumstances no action can be filed at all after twenty years has passed.

When New Jersey lawmakers were asked why the bill died in the General Assembly, they were tight-lipped. The spokesman for the Democrats (http://www.njdems.org/), Tom Hesterman, said that they wanted to rework the bill to resolve some "technical questions." There was no further explanation about what kinds of questions needs to be resolved. Hesterman did say however that they were going to reintroduce the bill during the next session once the "technical questions" have been answered.

Victims of child sexual abuse at the hands of Catholic priests are understandably frustrated with the bill's failure in the Assembly. The victims believe that the influence of the Catholic Church is to blame for the bill failing to make it past committee. As it stands now in New Jersey, an adult victim of child sexual abuse has two years from the date of "reasonable discovery" to file a civil claim.

Lifting the statute of limitations would obviously allow more claims to be brought, which is certainly not in the best interest of the Catholic Church. The Church claims that the new changes proposed by the bill will only pad the pocket of lawyers and will do nothing to protect future children from being molested by Catholic priests. What it will do, however, is encourage the Catholic Church to do whatever it can to minimize the number of lawsuits it has to defend, which may mean putting a little extra effort into screening who is allowed to become a priest in the first place.

As Huntsville personal injury attorneys we have seen the damage that can result from childhood sexual abuse. If you've been the victim of such an atrocity and need assistance navigating confusing legal waters, contact our caring Alabama injury lawyers today.

Source: "Adult victims of childhood sexual abuse frustrated by failure of bill opposed by the Catholic Church," by Terrance T. McDonald, published by NJ.com.

According to school officials, the bus was carrying 41 children when it wrecked and made a nearly three-quarter roll onto the driver's side. Responding emergency medical crews rushed 21 students by ambulance to Troy Regional Medical Center, while seven others were taken to Crenshaw Community Hospital in Luverne, Alabama. Thirteen additional students with less pressing injuries were taken to hospitals by another bus for medical treatment.

Thankfully, even the ones taken by ambulance suffered relatively minor injuries, with the most serious appearing to be a broken arm. Cuts and scrapes were by far the most commonly reported injury, surprising given the severity of the accident.

The Alabama State Troopers have said that no charges will be filed relating to the accident. "It was an accident. It was unfortunate," said Pike County Schools Superintendent Dr. Mark Bazzell, adding that he had not anticipated any charges.

According to an accident investigator's report, the school bus driver was traveling north on County Road 2243 and was exiting a curve when the right side of the tires slipped off the road. The school bus then followed the tires and completely left the road. The driver steered to the left and as the front tires re-entered the roadway, the back of the bus slid to the right on the wet morning grass. The school bus then overturned onto its right side, rolled over and came to a rest on the driver's side.

The Troopers reported that while no drug or alcohol tests were administered at the scene of the accident, the driver was "apparently normal" and thus under no suspicion. Pike County Schools did give the bus driver a drug and alcohol test afterward. "That is part of our standard procedure," said Superintendent Bazzell, who added that results were totally negative.

As Alabama accident attorneys we routinely see the damage that can result from accidents on winding country roads. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Alabama auto accident lawyers today.

We are pleased that we were able to reach a fair and just settlement in this slip and fall claim. If you have been injured on someone else's premises via slip and fall or trip and fall, please give us a call for a free evaluation of your personal injury claim.

By: Morris Lilienthal, Huntsville Slip and Fall Attorney

As Huntsville injury lawyers, we are pleased any time we can reach a fair, just and speedy recovery for our injured client. In this case, our client was extremely pleased with the result we achieved. Client satisfaction is our number one goal. Anytime we can assist any of the members of our military we are honored to do so. In this case, we want to wish our client well and thank him for his service as he will be deploying to Afghanistan in March.

If you have a personal injury claim or questions about a personal injury matter such as a car accident, slip and fall or a products liability claim, please give us a call as the consultation is free and we do not collect any attorneys' fees on personal injury cases unless we make a recovery.

As Eddie's family and friends gathered for his informal party at a local bbq restaurant, Eddie shows up fashionably late in his Alabama sweatshirt. As everyone crowds around to say a congratulatory word to Eddie I over hear him say whose the party for? As everyone settles in, my cousin Jay presents his grandfather with a autographed picture from Nick Saban wishing Eddie at Happy 105th Birthday. Any true tide fan would have been honored to have Saban sign them a picture for their birthday; however, it was Nick Saban who had the honor. After everyone settled in I walked over to say a word to Eddie and wish him a happy birthday. I introduced Eddie to my 14 month old son Wyatt and Eddie leaned forward and gave him a kiss. Amazing!

Life is such a precious gift and we should all learn from Eddie Ceitlin to live it to its fullest. Coach Saban talks of "finishing" the game and all I can say is Eddie Ceitlin is truly "finishing" the game of life. Happy Birthday Eddie!

By: Morris Lilienthal

First, what jurisdiction the accident occurred in will determine what set of laws apply to the case. Each state has their own individual set of laws that apply to a personal injury claim. For example, the statute of limitations for bringing a negligence personal injury claim under Alabama law is generally two years. Whereas , if the same injury occurred in Tennessee, the general statute of limitations is one year. Further, Alabama law applies the doctrine of contributory negligence, which means if the court or jury finds that the Plaintiff is at fault at all for his or her own injury then they cannot recovery. Most states do not apply this harsh law, but this example details how each state's laws can certainly impact the value of a personal injury case.

A second important factor is whether there are sufficient enough facts to establish liability on the defendant. In the context of a slip and fall case, under Alabama law, can the plaintiff establish the defendant knew or should have known of the hazardous condition that caused the person to slip and fall. Further, can the plaintiff establish that their injuries are proximately related or caused by the accident.

Third, what types of injuries did the plaintiff sustain. How much are their past and future medical bills? Past and future lost wages? Does the plaintiff have a permanent physical impairment? Has the plaintiff suffered mental distress and will they continue to do so in the future?

Fourth, what venue is the case set in. IE what are the juries like where the case would be tried. The same case with the same exact set of facts will generally be worth more or less depending on where the case will be tried. For example, some counties in Alabama such as Madison and Shelby County are considered more conservative venues while other counties such as Macon and Greene are considered more plaintiff friendly counties.

Ultimately, there are many factors that go into determining the value of an Alabama personal injury case. Those listed above are just a few of the factors that are evaluated. Before you hire a personal injury attorney check them out. Do they have experience handling your type of case? Ask for references and testimonials from former clients. In the end, each case is different and the value of each case is dependent upon several factors.

When the officers arrived, the Chief went to the front door and an adult female confirmed the boys were at home. So the Chief and another officer entered the home. The female called out to the boys to come out from a back bedroom, but they did not come out. So the Chief and one other officer went to the back bedroom where the two boys were located. The evidence at trial revealed that the Chief walked into the room and Mr. Butler was standing in the closet doorway and the Chief, whose gun was still in his holster said, "Come on son, let's go." At that point in time, Mr. Butler raised a gun and fatally shot Chief LeMaster in the head. Equally alarming, the occupants of the house knew the boys had .45 cal pistols and had made threats to shoot the police if they came to pick them up, despite these threats the occupants of the house never warned Chief LeMaster he was walking into an ambush.

When the original civil lawsuit was filed in this case there were numerous claims and defendants; however, the verdict in this case was against Brian Alan Butler. Mr. Butler has already been convicted of capital murder, but the family felt strongly that Mr. Butler should also be punished civilly as well. After, a two day trial, the jury returned a $15 million dollar wrongful death verdict in favor of the Estate of Verlon LeMaster.

Plaintiff's counsel were George Beason and Morris Lilienthal of Martinson and Beason, P.C. of Huntsville, Alabama.

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The Plaintiff established through expert testimony that he was owed over $909,000 in unpaid commissions. Plaintiff also established under Alabama code 8-8-8 he was entitled to 6% interest on these commissions from when they were due, which resulted in a claim for over $700,000 in interest. Thus, the Plaintiff asked the jury to return a verdict in the amount of $1,619,890.98. The jury returned a verdict for this exact amount. Plaintiff's counsel were Elizabeth Moore, George Beason and Morris Lilienthal of Martinson & Beason, PC in Huntsville, Alabama and Jim Lees of Charleston, West Virginia.

Mazda claimed they were immune from suit because the federal regulations allowed them to choice between either a lap belt or a 3 point belt system in the middle seat. The court did not find merit in this argument. Thus, the case will be sent back to the state court system for trial.

Mazda was reliant upon the Federal Motor Vehicle Safety Standards (FMVSS) and Regulations to which manufacturers of motor vehicle and equipment items must conform and certify compliance. The first FMVSS became effective on March 1, 1967. These regulations mandate guidelines for items such as seat belts, air bags and roofs in the vehicle. However, it is important to note that these are just minimum safety standards for vehicle manufacturers.

In the months prior to Ms. Ellison visit to the ER, Baptist Medical Center East parent company was undergoing financial difficulty and transferred operations of the hospital to the University of Alabama and UAB Health Systems for a set period of time. Once the term ended the operations of the hospital were to revert back to Baptist Medical Center East. Based upon the fact that a board of trustees created by the University was set up to run the hospital, the majority of the Court held that was enough to give the hospital state immunity.

This ruling creates a very dangerous precedent as noted by Chief Justice Cobb's dissent. This ruling frees the hospital from responsibility for the harm that may be caused by its negligence. Shouldn't hospitals be held accountable, like everyone else? Consider this: Medical errors are the fifth-leading cause of deaths in the US, with up to 98,000 deaths annually. (source Medical News Today). If the judicial system cannot serve as a checks and balances on state run hospitals who will? Would you want to seek medical care in a facility you know can cut off your wrong leg during surgery and have no responsibility?

For a good overview of this case and its holding see John Archibald's article "It's good to be in the service of the king."

Now, a study from Cornell University's medical college suggests that the cases of elder abuse and exploitation are far greater than initially expected. The study suggests that for every case of elder abuse that is officially reported, 23.5 cases went unreported. For each case of financial abuse of elders reported, 43.9 cases actually occurred.

These are alarming statistics! Physical and financial abuse of the elderly is occurring every day in Huntsville and throughout the state of Alabama. It occurs through undue influence, duress, and manipulation which often goes unnoticed for months or even years. The experienced Huntsville nursing home attorneys and probate attorneys of Martinson & Beason P.C. represent the elderly and their family members in combating these abuses. If you know a loved one who may be a victim to financial abuse, physical abuse, exploitation, or simply neglect, email us at info@mblawhsv.com or call our Huntsville Lawyers at Martinson & Beason, P.C. at 1-800-255-6534.