Alabama Injury Attorney Blog

Our client was severely injured when she slipped and fell at Huntsville area Hardees Restaurant. As a result of matter, a personal injury lawsuit was filed in Madison County Circuit Court. This premises liability case, (slip and fall) centered on the subject steps where our client fell. Under Alabama law, a premises owner has a duty to maintain their premises in a reasonably safe condition. As a part of our case, we hired an expert witness who was of the opinion that the subject steps violated various building standards and safety codes. As a part of our client's case, we were seeking compensation for medical bills, pain and suffering, out of pocket expenses, loss of enjoyment of life and mental anguish. After written discovery was exchanged between the parties and various depositions were taken the case was resolved for a confidential amount at mediation.

As Huntsville Personal Injury Attorneys we too often see people who are severely injured when they are caused to fall due to a defective walkway or stairway. In these cases, we look at the condition of the walkway. Is the walkway up to code? How often is the walkway cleaned and checked for debris? If the walkway was outside was it raining? What type of shoes and clothing did the plaintiff have on? Does the plaintiff have history of falls or have a problem with dizziness or vertigo? These are just some of the issues we look at when we evaluate a slip and fall or trip and fall case in Alabama.

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

A second story deck collapsed this past Saturday at the Waterford Landing apartment complex in Hoover, Al. Four people suffered minor injuries as a result of the deck's failure. This is the second time in a month a deck has collapsed at this apartment complex. On July 4th a deck collapsed at this same complex tragically killing one person and injuring 6 others. For more information on this previous accident see the Alabama Injury Attorney Blog article: Deck Collapses in Hoover, AL Apt Complex Killing One & Injuring 6 Others. Authorities have yet to determine if this second collapse is linked to the same problem that caused the first deck to collapse. For now, the Hoover Fire Department has recommend that all residents at Waterford Landing stay off their decks.

As Alabama personal injury attorneys anytime we see a tragedy such as this that can be prevented we are reminded that companies routinely fail to insure the safety of their customers, clients, and residents. Here we have situation where there was one tragedy that may have been preventable and now a second accident happens that in all likelihood could have been prevented as well.

The collapse of third (3rd) story deck at the Waterford Landing Apartments located in Hoover, Alabama has tragically claimed the life of one Alabama resident and injured 6 others. The collapse happened Sunday night - July 4th - when 7 people were standing on the deck when it gave way sending the people crashing into the deck below. 25 year-old Gerald Andrew (Drew) Scribner an Iraq War Veteran was killed in the collapse. Initial reports indicate the deck was last inspected by the city of Hoover when it was built 15 years ago. Since that time it would be up to the apartment complex - Waterford Landing - to properly inspect and maintain the structural integrity of the deck. According to Frank Woeste, a professor emeritus at Virginia Tech University and expert in the field "A properly designed deck cannot be overloaded by too many people. " Woeste also stated that the most common problem in deck design is how the ledger - the support beam for the deck joists - is attached to the outer band of joist of the house.

Initial reports also indicate the insurance company for Waterford Landing has already begun its investigation of the deck collapse. Under Alabama Premises Liability law, which comes within Alabama personal injury law (similar to slip and fall cases), the apartment complex owed a duty to the home owner and his guests to properly inspect and maintain the subject deck. While it is far too early to determine if the apartment complex complied with their duty, as experienced Alabama premises liability attorneys we often see situations such as this where a company's attempt to cut corners ends in a tragic result.

Alabama slip and fall attorney Morris Lilienthal represented our client who was injured while a customer at a national retail store. While shopping at the store the plaintiff tripped over an object extending from underneath a display causing our client to fall. As a result of this accident, our client suffered severe injuries to her shoulder and elbow, which required surgery and continuous medical treatment. The plaintiff was seeking damages for her medical bills, loss wages, pain and suffering and mental anguish.

The area of the law that includes slip (trip) and fall accidents is known as premises liability. Under Alabama law a store owner has a duty to keep its premises in a reasonably safe condition for business invitees. In this case, it was our allegation that the store owner failed to keep its premises in a reasonably safe condition by allowing this object to protrude into the walkway. We are pleased that we could reach a fair and just confidential settlement for our deserving client.