Legal Question in Personal Injury in Alabama
Is a public place liable for injuries?
I am a college student who is in the marching band. Our band travelled to Legion Field in Birmingham Alabama for a football game, and I was there to play my tuba. On the way marching into the stadium there was a hole near the playground which is near the pavillion of which we did a performance for some alumni. I fell into the hole and with the weight of my sousaphone ended up seriously spraining my ankle (type 3 sprain with permanent ligament damage) My university has no personal injury insurance for the band, and would not let me claim to their laiability insurance since they said that my university isn't liable. My questions are 1. How do I get an Alabama Lawyer? 2. Is the University or the City liable 3. How much do I ask for? 4. if there is a case would I have to travel back and forth to Alabama? thank you
2 Answers from Attorneys
Re: Is a public place liable for injuries?
There is the potential to sue the owner of the playground. If it is legion field who owns this property, I think this facility may be owned by the city of Birmingham. If so you need to find an attorney within six months of the accident, due to certain limitation periods regarding claims against municipalities.
You may or may not be required to travel to alabama on at least three occasions if a lawsuit is necessary (deposition, pretrial, and trial). There is always the potential that the claim may settle, which would forego your need to travel.
you may contact me or my lawfirm. no fee for consultation.
Leigh Love
205-733-1131
Re: Is a public place liable for injuries?
1. There are many ways to find an Alabama attorney. The best way is to find an attorney in your area that you trust who can refer you to an attorney in Alabama. Other methods, any friends in Alabama, yellow pages, internet (attorneyfind.com, attorneylocate.com, lawyers.com, hometownattorneys.com).
2. First, proving liability on a "slip and fall" case is difficult in and of itself. Alabama has a rule of contributory negligence which means if you were 1% at fault, you cannot recover. Any defendant will argue that you should have seen the hole because it was "open and obvious", and therefore, you contributed to the fall (I'm not agreeing with this position; I'm just explaining what the argument against you will be - I don't even know the facts concerning the fall). If you can prove liability, the owner of the property is who would be liable. If it's the city, you must file an affidavit of claim within 6 months from the date of the incident. If it's the county, you have 1 year to file an affidavit of claim. If it's the state, they have absolute immunity. If it is a private entity, you have 2 years from the date of the incident to file a complaint.
3. the amount you ask for depends on the liability, the medical specials, and your pain and suffering. This is very subjective, and without a thorough review of your case, no attorney could give you any educated suggestion.
4. It depends on whether or not a lawsuit is filed as to whether you will have to travel to Alabama. If a lawsuit is filed, you will probably have to travel to Alabama at least once and maybe more.
If you have any further questions, you may call me at (205) 254-3927 or (888) 295-7409.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
