Last week, a grandmother slipped on a wet floor at a Montgomery grocery store, breaking her hip. The “Wet Floor” sign? Hidden behind a display. Yesterday, a construction worker fell through a rotted board at a downtown renovation site. The contractor knew about the damage for months. Today, it could be you.
Slip and fall accidents happen every day in Montgomery, from the Eastdale Mall to neighborhood gas stations. But having an accident doesn’t automatically mean you have a legal case. At Strickland & Kendall, we’ve helped Montgomery residents navigate slip and fall claims for nearly 30 years. Here’s what you need to know about your rights.
Understanding Premises Liability in Alabama
When you’re invited onto someone’s property in Montgomery—whether it’s Walmart, your apartment complex, or a friend’s home—the property owner has certain legal duties. Alabama law calls this “premises liability,” and it’s more complex than most people realize.
Your Status Matters More Than You Think
Alabama law divides visitors into three categories, and your rights depend entirely on which one you fall into:
Invitees have the strongest protection under Alabama law. If you’re shopping at The Shoppes at Eastchase, eating at a restaurant on Atlanta Highway, or conducting any kind of business, you’re an invitee. Property owners must regularly inspect for dangers and either fix them or provide clear warnings.
Licensees are social guests—think visiting a friend’s home or attending a church function. Property owners must warn you about hidden dangers they know about, but they don’t have to inspect for problems.
Trespassers have minimal protection. Property owners can’t intentionally harm you, but they have no duty to make their property safe for uninvited guests.
Reality Check: Store customers are always invitees, even if you’re “just looking.” The moment you walk through those doors, the highest duty of care applies.
The Hidden Dangers in Montgomery Properties
Our warm, humid climate creates unique hazards that property owners must address. Understanding these common dangers helps you recognize when negligence might be involved.
Weather-Related Hazards
Montgomery’s frequent rain creates slippery surfaces that catch people off guard. Whether it’s water tracked into the Publix on Vaughn Road or puddles forming in parking lots, property owners must act quickly to address these hazards.
“Alabama weather is no excuse,” explains Michael Strickland. “Every business owner knows it rains here. They need systems in place to handle wet conditions, period.”
Aging Infrastructure
Many Montgomery buildings date back decades. Beautiful historic properties in Old Cloverdale might have uneven walkways. Older shopping centers may have cracked parking lots. Age isn’t an excuse for dangerous conditions—it’s a reason for extra vigilance.
Local Insight: The Americans with Disabilities Act requires certain accessibility standards, but many older Montgomery properties have “grandfathered” exceptions. However, these exceptions don’t protect owners from liability when someone gets hurt.
Temporary Hazards
From construction at the new developments along Taylor Road to seasonal decorations at Montgomery Plaza, temporary changes create unexpected dangers. Property owners must ensure contractors follow safety protocols and that decorations don’t create trip hazards.
Proving Your Slip and Fall Case: The Four Pillars
Having a valid slip and fall case requires more than just getting hurt on someone else’s property. You need to prove four essential elements, and missing even one can sink your claim.
Pillar 1: The Dangerous Condition Existed
First, you must prove an actual hazard caused your fall. Tripping over your own feet doesn’t count. Common dangerous conditions include:
Spilled liquids creating slippery surfaces. Torn carpeting or broken tiles. Poor lighting hiding hazards. Missing handrails on stairs. Unmarked changes in floor height. Debris or merchandise in walkways.
Document everything immediately. Take photos before anything gets cleaned up or fixed. Your phone’s camera is your best friend in these crucial first moments.
Pillar 2: The Owner Knew or Should Have Known
This is where many cases succeed or fail. You must prove the property owner had actual or “constructive” knowledge of the danger.
Actual knowledge is straightforward—did employees see the spill? Were they told about the broken tile? Email records, security footage, and employee testimony can prove actual knowledge.
Constructive knowledge means the danger existed long enough that reasonable property owners would have discovered it. That puddle of olive oil in the grocery aisle—was it there for five minutes or two hours? The longer it sat, the stronger your case.
Case Example: A Montgomery woman slipped on grapes at a local supermarket. Security footage showed the grapes had been on the floor for 47 minutes while employees walked past repeatedly. The jury awarded $450,000, finding the store should have noticed and cleaned the hazard.
Pillar 3: The Owner Failed to Fix or Warn
Knowledge alone isn’t enough—property owners must act on that knowledge. They have two options: eliminate the danger or provide adequate warning.
“Adequate” is the key word here. A tiny “Wet Floor” sign hidden behind a display isn’t adequate. A rope blocking off a dangerous area that’s easy to step over isn’t adequate. Warnings must be obvious to reasonable people.
Pillar 4: You Weren’t Substantially at Fault
Here’s where Alabama law gets harsh. Our state follows “contributory negligence,” meaning if you’re even 1% at fault, you collect nothing. Insurance companies exploit this by claiming you weren’t watching where you were going, wore inappropriate shoes, or were distracted by your phone.
This is why immediate action matters. Witnesses who saw you walking normally before the fall become crucial. Photos showing your reasonable footwear help. Evidence that you couldn’t see the hazard due to poor lighting or obstruction strengthens your position.
The First 24 Hours: Critical Steps That Make or Break Your Case
What you do immediately after a slip and fall can determine whether you have a strong case or no case at all. These aren’t just suggestions—they’re essential steps that insurance companies hope you’ll skip.
Before You Leave the Scene
Your first instinct might be embarrassment. You want to get up quickly, assure everyone you’re fine, and leave. Don’t. Your health and legal rights matter more than avoiding a scene.
Report the incident to management immediately. Don’t just tell a cashier—insist on speaking to a manager. Get their name and contact information. Ask them to create an incident report and request a copy. If they refuse, document their refusal.
Take comprehensive photos. Photograph the exact spot where you fell from multiple angles. Capture any substances on the floor, missing handrails, poor lighting, or blocked warning signs. Include wide shots showing the general area and close-ups of specific hazards.
Gather witness information. People who saw your fall are golden. Get names and phone numbers before they leave. Their independent testimony can counter claims that you were careless.
Pro Tip: Use your phone to record a video walking through the area (carefully!) to show the approach to the hazard. This helps establish what you could and couldn’t see before falling.
Seek Medical Attention Immediately
Even if you feel “okay,” see a doctor within 24 hours. Adrenaline masks pain, and some injuries—like head trauma or soft tissue damage—don’t show symptoms immediately.
Tell your doctor exactly how you fell. Explain what caused the fall. This medical record creates an official connection between the accident and your injuries. Without it, insurance companies will claim your injuries came from something else.
Document Your Damages
Start a journal immediately. Write down your pain levels, mobility limitations, and how the injury affects daily life. Can’t play with your grandchildren? Missing work? Unable to sleep? These details paint a picture of your real damages beyond medical bills.
Keep every receipt related to your injury. Medical bills are obvious, but don’t forget parking fees at the hospital, over-the-counter medications, medical equipment, or help you had to hire for household tasks you can’t perform.
Common Defenses (And How We Defeat Them)
Insurance companies and property owners use predictable strategies to avoid paying slip and fall claims. Knowing their playbook helps you prepare strong responses.
“The Hazard Was Open and Obvious”
This favorite defense claims you should have seen and avoided the danger. But Alabama law recognizes that even obvious hazards can be unreasonably dangerous.
Ed Kendall notes: “Just because you can see ice on a walkway doesn’t mean the property owner can leave it there. They still have duties to make their property reasonably safe.”
“You Weren’t Paying Attention”
Insurance companies love to blame victims for being distracted. They’ll claim you were on your phone, talking to someone, or just not watching where you were going.
We counter this by showing that customers shouldn’t have to stare at the floor while shopping. Store owners invite you to look at products, not scan for hazards. That’s why they have a duty to maintain safe floors.
“Your Shoes Were Inappropriate”
Unless you were wearing ice skates in Walmart, your footwear choice probably wasn’t unreasonable. We’ve successfully defended clients wearing everything from high heels to work boots. The issue isn’t your shoes—it’s the dangerous condition that would have caused anyone to fall.
Legal Reality: Montgomery juries understand that people wear all types of shoes for different occasions. What matters is whether the property was reasonably safe for normally dressed visitors.
When Property Owners Are Protected
Not every fall creates liability. Understanding when property owners aren’t responsible helps you evaluate your case realistically.
Acts of Nature
If you slip on natural ice formation in a parking lot during our rare winter storms, liability depends on timing. Property owners get reasonable time to address weather conditions. However, if the ice remains days after the storm, or if they create additional hazards through poor drainage, liability returns.
Criminal Acts of Others
If someone else creates a hazard—like a customer who spills something moments before you fall—the property owner might not be liable. However, they can be responsible if they had security failures that allowed the dangerous situation to develop.
Your Own Misconduct
Running in a store, ignoring barrier ropes, or entering clearly marked restricted areas can eliminate your claim. Property owners must make premises safe for reasonable behavior, not recklessness.
The True Cost of Slip and Fall Injuries
People often underestimate how severely a fall can impact their lives. At 20, you bounce back. At 50 or older, a serious fall can change everything.
Immediate Medical Costs
Emergency room visits in Montgomery average $2,000-5,000 just to walk in the door. Add X-rays, MRIs, and treatment, and bills quickly reach five figures. Surgery for a broken hip or torn ligaments can exceed $50,000.
Long-Term Consequences
The real costs often come later. Physical therapy for months. Chronic pain requiring ongoing treatment. Lost wages during recovery. Some clients never return to their previous work, especially in physical jobs at places like Hyundai or Maxwell Air Force Base.
Client Story: “I managed a restaurant for 20 years. After falling on a wet floor at a supplier’s warehouse, my back never recovered. I can’t stand for full shifts anymore. At 52, I had to change careers completely.” – Montgomery client
Hidden Impacts
Depression from lost independence. Relationship strain from chronic pain. Fear of falling again that limits activities. These non-economic damages are real and compensable under Alabama law.
Why You Need a Lawyer (And Why Some Firms Won’t Take Your Case)
Slip and fall cases are among the most challenging personal injury claims. Some firms won’t touch them. Here’s why—and why Strickland & Kendall is different.
The Investigation Challenge
Unlike car accidents with police reports, slip and fall cases require intensive investigation. We often hire investigators to interview witnesses, obtain security footage before it’s deleted, and document conditions at the accident scene.
Fighting Contributory Negligence
Alabama’s harsh law means insurance companies fight harder on slip and fall cases than almost any other type of claim. They know finding any fault with you means paying nothing. You need attorneys who understand how to protect you from these tactics.
Proving Notice
Establishing that property owners knew or should have known about hazards requires experience and resources. We know what evidence to seek and how to present it effectively to judges and juries.
The Strickland & Kendall Difference: “We’ve been handling premises liability cases in Montgomery for nearly 30 years. We know which property owners maintain their premises well and which cut corners. That institutional knowledge helps us build stronger cases.” – Michael Strickland
Take Action Before It’s Too Late
Alabama law gives you only two years from your fall to file a lawsuit. But evidence disappears much faster. Security footage gets overwritten in days. Witnesses forget details. The hazard gets fixed, eliminating proof it existed.
If you’ve been injured in a slip and fall accident in Montgomery, time is your enemy. The sooner you act, the stronger your case becomes.
Free Case Evaluation from Strickland & Kendall:
📞 Montgomery Office: 334-269-3230
📞 Toll-Free: 800-874-3528
🕐 Available: 24/7 for urgent situations
🏠 Can’t Travel? We’ll come to you
During your free consultation, we’ll evaluate whether you have a viable case, explain your options, and outline next steps. No fees unless we win—that’s our promise.
Don’t let embarrassment or uncertainty cost you the compensation you deserve. Property owners have insurance companies and lawyers protecting their interests. You deserve the same level of protection.
This article provides general information about Alabama law and should not be considered legal advice. Every case is unique, and you should consult with an attorney about your specific situation.