Huntsville’s Premier Personal Injury Attorney

Can an establishment be liable for my child’s accident? 

On Behalf of | Jun 14, 2024 | Premises Liability, Slip & Fall Accidents

Summer is a busy time for families, with more time to spend with kids outdoors. However, accidents can happen with the influx of people outside, especially in public places. As a parent, witnessing your child get hurt can be a heart-wrenching experience. If your child suffers a slip-and-fall accident on an establishment or another’s property, understanding your legal options can be a significant step toward recovery.  

Premises liability in Alabama 

Slip-and-fall accidents are common with children. It falls under premises liability law. This law dictates that property owners have a duty to maintain a reasonably safe environment for visitors. The category your child falls under determines the specific duty owed by the property owner. 

Children are generally considered invitees, meaning they were on the property with the owner’s permission, such as visitors to a museum or customers in a store. In this case, the owner has a duty to inspect the premises for hazards and either fix them or warn invitees about them. 

Building a case 

The burden of proof lies with you, the parent. To have a strong case, you’ll need to show: 

  • The property owner had a duty of care:  This is usually established by your child being an invitee 
  • The owner breached that duty: There was a dangerous condition on the property the owner knew about or should have known about 
  • The condition caused the fall: The dangerous condition directly led to your child’s slip and fall 
  • Your child suffered damages: This includes medical bills, pain and suffering, and any long-term effects 

Documentation is crucial for any personal injury claim. Here’s what you can do: 

  • Seek medical attention and obtain medical records to establish the injury and link it to the accident. 
  • Take photos of the location of the fall, the hazard that caused it and any visible injuries. 
  • If anyone saw the fall, get their names and contact details for witness statements. 
  • Report the accident to a manager and obtain a copy of the incident report. 

Premises liability cases can be complex, especially when a child is involved. You may consider contacting a legal professional with experience in personal injury. They may help investigate the accident thoroughly, establish your rights and represent you in court if necessary.