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Slip and Fall Claims in Selma and Dallas County

Writer: Elliott Lipinsky
Elliott Lipinsky
Jul 19
12 min read

Updated: 5 days ago

Last legally reviewed September 10, 2026.

A fall at a Selma store, restaurant, apartment complex, office, parking lot, or public building does not automatically make someone else liable. Alabama premises-liability law asks narrower questions: Who possessed or controlled the area? What condition caused the fall? What duty applied to this visitor? Did the responsible person or business create the condition or have legally sufficient notice of it? Was the danger open and obvious to a reasonable person? Did the injured person fail to use reasonable care in a way that proximately contributed to the injury?

Those questions are intensely fact-specific. Two Alabama Supreme Court decisions released in 2026 reached different results on the open-and-obvious issue because the warning, lighting, and route evidence differed. That is why a sound case assessment begins with the actual scene and evidence—not with the assumption that every fall creates a claim or that every visible hazard defeats one.

A fall alone does not prove negligence

Alabama does not treat a premises owner or operator as an insurer of every visitor's safety. The fact that someone was injured on the property does not create a presumption of negligence. A claimant ordinarily needs evidence of a duty, a dangerous condition, breach, causation, and legally recoverable harm. The Alabama Supreme Court applied those principles in Wal-Mart Stores, Inc. v. Rolin.

The first task is to identify what actually caused the fall. “I fell, but I do not know why” is usually not enough. Massey v. Allied Products Co. illustrates the need for evidence connecting the fall to a premises condition. Useful proof can include close and wide-angle photographs, measurements, video, witness accounts, inspection or maintenance records, earlier complaints, work orders, and testimony about lighting, warnings, or how long a substance was present.

The next task is to identify who controlled the relevant area. The proper investigation may involve a store operator, commercial tenant, property owner, management company, maintenance vendor, or contractor. The name on the deed does not answer every control, creation, or maintenance question.

A Selma premises liability lawyer can investigate control, notice, causation, defenses, and deadlines together.

What duty applied to the visitor?

Alabama ties a land possessor's duty to the visitor's legal status. A customer or another person on the property for a material or commercial benefit is ordinarily a business invitee. A social guest is generally a licensee, and a trespasser is governed by still different rules, including Ala. Code § 6-5-345. These categories should not be treated as interchangeable.

For a business invitee, the Alabama Supreme Court describes a duty to use reasonable care and diligence to keep the premises safe or, if they are dangerous, to give sufficient warning so the invitee can avoid the danger by using ordinary care. The Court restated that rule in Joseph v. Caritas of Birmingham, decided May 8, 2026.

That is a reasonable-care duty, not a guarantee against injury. It also does not mean that every owner, tenant, and contractor owes the same duty for every area. Visitor status, possession, control, contracts, and the nature of the location all matter.

Landlord-controlled common areas require a separate analysis

Apartment and rental-property cases can involve special rules. In Ex parte Housing Authority of the City of Talladega, released in 2024 and corrected through November 5, 2025, the Alabama Supreme Court clarified duties that may apply to areas retained in a landlord's control and to areas necessary to the safe use of leased property.

Under those specific landlord rules, an open and obvious condition does not categorically erase the landlord's duty. A tenant's knowledge and conduct may instead matter to contributory fault. This is not a blanket exception for every property case; it depends on the landlord-tenant relationship and the part of the premises involved.

Notice often decides a Selma business slip-and-fall claim

In many store cases, the central dispute is not whether the floor was wet or an object was present. It is whether the defendant created the condition, actually knew about it, or should have discovered it in time to act.

Spills and other temporary substances

For a spill or other foreign substance of unknown origin, a claimant ordinarily must present substantial evidence of at least one of these routes:

  1. The defendant had actual notice of the substance.

  2. The substance had remained long enough that constructive notice could be inferred.

  3. The defendant was delinquent in discovering and removing it.

The Alabama Supreme Court set out that framework in Ex parte Wal-Mart Stores, Inc., a case arising from spilled shampoo at a Selma store. The Court rejected an inference based only on general descriptions such as the substance being sticky or clear when the evidence did not reliably show its age.

There is no automatic “five-minute,” “ten-minute,” or other fixed notice rule. The substance's appearance, footprints or cart tracks, surveillance timing, inspection evidence, employee observations, and reports from other customers may matter. Speculation about how long a spill “must have” been there is not a substitute for proof.

Conditions created by the defendant

When evidence shows that the defendant or its employees affirmatively created the dangerous condition, Alabama decisions permit notice to be presumed; the claimant need not make a separate showing of actual or constructive notice. Rolin applied that rule to evidence involving a store display built by employees.

This route still requires evidence connecting the defendant to the condition. The mere fact that a product, display, mat, or tool belonged to a business does not necessarily prove who placed it, when it changed, or why it was dangerous.

Steps, thresholds, and other parts of the premises

Alabama treats an alleged defect in a part of the premises differently from a transient spill of unknown origin. Under Mims v. Jack's Restaurant, once a claimant makes a prima facie showing that a defect in a part of the premises caused the injury, the actual-or-constructive-notice question may go to the jury even without a separate prima facie notice showing. The Court applied that principle again to allegedly defective steps and outdoor tile in Byrne v. Fisk.

That does not mean a loose threshold, uneven step, pothole, or broken handrail automatically establishes liability. The claimant still needs evidence of a dangerous defect, causation, the applicable duty, and a legally responsible defendant.

What “open and obvious” means in Alabama after the 2026 cases

An open and obvious condition can defeat an invitee's ordinary premises-liability claim. The inquiry is objective: would the condition and its danger have been apparent to and recognized by a reasonable person in the invitee's position? A claimant's statement that “I did not see it” does not answer that question by itself.

The Alabama Supreme Court acknowledged in Walter v. Branch Hays Farm SC Associates, LP, decided February 27, 2026, that its cases have not always used the same analytical label. Some decisions treat open and obvious danger as a substantive limit on duty; others treat it as an affirmative defense on which the defendant bears the ultimate burden. In either framework, the objective scene evidence matters.

Clear warnings can make a condition open and obvious as a matter of law

In Walter, a shopper crossed a construction area marked by multiple barricades, caution tape, signs, and fluorescent paint on uneven concrete. On that undisputed photographic record, the Court held the condition open and obvious as a matter of law and affirmed judgment for the defendants.

Poor or partial lighting can leave a fact question

In Joseph, the claimant was directed to leave through an exit near an unlit loading dock. The record permitted competing conclusions about whether the setting was total darkness or partial or poor light in which she thought she could see the route. The Court reversed summary judgment on her negligence claim because that dispute created a fact question. It did not hold that the defendant was liable; the case was sent back for further proceedings.

Together, these decisions show why “visible” is not a complete legal analysis. Contrast, shadows, lighting, warning placement, barricades, crowding, the direction of travel, the route the property provided, and the specific condition alleged to have caused the fall may all affect the objective inquiry.

Outside the landlord-controlled-area rules discussed above, Alabama does not recognize a broad exception that creates ordinary invitee liability merely because a land possessor should anticipate that someone might encounter a known or obvious danger. The controlling relationship and location must be identified before applying an open-and-obvious rule.

Alabama uses contributory negligence—not comparative negligence

Alabama does not use comparative negligence for an ordinary premises-negligence claim. A jury does not assign percentages to both sides and reduce damages by the claimant's share. Contributory negligence is an affirmative defense and, if proved to have proximately contributed to the injury, is a complete defense to simple negligence. Golden v. McCurry declined to replace that rule with comparative negligence, and Williams v. Delta International Machinery Corp. retained it after full reconsideration.

“One percent at fault” is misleading shorthand, not the legal test

The familiar statement that “one percent of fault ends the claim” is not a percentage-allocation formula in Alabama law. The Alabama Supreme Court explained in Bohannon v. Driskell that language about the “slightest” contributory negligence means the jury does not weigh or compare the seriousness of each side's negligence after finding negligence that proximately contributed to the injury. In Rolin, the trial judge likewise told jurors that the contributory-negligence charge had nothing to do with percentages.

The defense still has to prove the legal elements; an insurer's accusation is not a finding. Knight v. Alabama Power Co. describes the defense in terms of knowledge of the dangerous condition, appreciation of the danger under the circumstances, and failure to use reasonable care by placing oneself in the way of danger. Whether those facts exist is often disputed.

Open and obvious danger and contributory negligence are related but distinct. The first generally focuses on the objective character of the condition and the scope of the premises duty. The second is an affirmative defense focused on the claimant's conduct and whether it proximately contributed to the injury. They should not be collapsed into the slogan that a person who did not look down automatically loses.

Evidence to preserve after a fall

Evidence at a store, rental property, job site, or public building can change quickly. If health and safety allow, the following steps can help preserve the facts without overstating or guessing about them:

  • Get appropriate medical care and describe the symptoms and how the fall occurred accurately.

  • Report the incident to the person responsible for the property. Ask for the report number and whether a copy is available; do not assume an internal report must be provided immediately.

  • Photograph or record the exact condition, the walking approaches, lighting, warnings, surrounding layout, and any liquid, debris, height difference, or defect. Include wide views and close views with a reliable scale when possible.

  • Obtain witnesses' names and direct contact information.

  • Preserve the shoes and clothing in their post-incident condition. Do not clean, repair, test, or discard possible evidence.

  • Write a private factual timeline while memories are fresh. Separate what you personally observed from what someone else told you.

  • Save medical bills, pharmacy receipts, wage records, travel costs, and correspondence.

  • Promptly identify potential video and record custodians. Surveillance footage and electronic inspection records may be overwritten in the ordinary course, so a targeted preservation request may be time-sensitive.

Avoid posting factual conclusions about the incident on social media, altering the scene, exaggerating symptoms, or guessing in a recorded statement. Accuracy and preservation matter more than advocacy in the first account.

Filing deadlines: two years is only the starting point

For many Alabama personal-injury negligence actions, Ala. Code § 6-2-38(l) supplies a two-year limitations period. That general rule should not be treated as a safe universal calendar. The identity of the defendant, the claimant's status, the type of claim, and special statutes can create earlier presentment requirements or a different analysis.

Do not assume that reporting the fall to a business, opening an insurance claim, exchanging settlement letters, or continuing medical treatment pauses a filing deadline.

Falls involving the City of Selma or another municipality

Ala. Code § 11-47-23 establishes a six-month presentment period for municipal tort claims, and § 11-47-192 identifies information for a personal-injury claim concerning the manner, time, place, and damages.

Those statutes require careful case-specific application. In Diemert v. City of Mobile, the Alabama Supreme Court held that a lawsuit filed within six months can substantially comply with both provisions even though the complaint was not sworn and contained a minor date error. But Lee v. Houser confirms that a municipality's mere knowledge of the incident does not itself satisfy the notice statute and that ordinary relation-back rules may not cure a late claimant's notice.

The practical lesson is not to wait for the general two-year period. A fall on a Selma sidewalk, in a city building, or on other municipal property requires immediate identification of the legally responsible entity and the applicable notice procedure.

Falls involving Dallas County

County claims follow a different statutory scheme. Ala. Code § 11-12-8 generally requires claims against a county to be presented for allowance within 12 months, while § 11-12-5 addresses itemization. Section 6-5-20 generally bars an action against a county until the claim has been presented and disallowed or reduced and the reduction refused; 90 days of county inaction operates as a disallowance. Callens v. Jefferson County Nursing Home treats presentment as a condition precedent to suit against the county.

City and county deadlines therefore cannot be used interchangeably. Nor does the building's street address alone establish whether the City of Selma, Dallas County, a state agency, a public authority, a private operator, or some combination controlled the condition.

The firm's Dallas County lawyer page provides more information about its broader local practice.

State agencies, public authorities, and other special situations

Article I, § 14 of the Alabama Constitution states that the State shall never be made a defendant in court. Sovereign immunity can prevent an ordinary damages action against the State or a state agency. Municipalities, counties, housing authorities, boards, contractors, and private operators are not automatically treated as the same entity. Immunity, statutory damage limits, a different forum, or special notice rules may apply depending on the defendant's legal status and the relief sought.

Other facts can also change the deadline or even the type of claim: the injured person was under a statutory disability when the claim accrued; the fall occurred in the course of employment; the property was federal; the injury resulted in death; or the apparent premises claim is governed by a more specific statute. Ala. Code § 6-2-8, for example, contains disability provisions, while § 6-5-410 creates Alabama's adult wrongful-death action and assigns it to the personal representative.

These are reasons to calculate a deadline from the controlling law and facts—not reasons to delay.

Frequently asked questions

Can I recover just because I fell at a Selma store?

No. A fall and injury do not create a presumption of negligence. The evidence must support the applicable duty, a dangerous condition, breach, causation, damages, and any notice requirement. Defenses such as open and obvious danger and contributory negligence may also apply.

Does the store need to know about every spill?

No. For a foreign substance of unknown origin, the usual paths are actual notice, constructive notice based on how long it was present, or delinquency in discovering and removing it. Different notice rules may apply if the defendant created the condition or if the alleged defect was a part of the premises.

Do I lose automatically if the hazard was visible?

Not automatically. The test is objective and considers whether the condition and danger would have been apparent to a reasonable person in the claimant's position. Warnings, contrast, lighting, route, crowding, and the surrounding layout can matter. Some records allow a court to decide the issue as a matter of law; others leave a factual dispute.

Does any small mistake by the injured person end the case?

Alabama's contributory-negligence rule can completely bar an ordinary negligence claim, but it is not a percentage formula and it is not established by accusation alone. The defendant bears the burden of the affirmative defense, including proximate contribution. Knowledge, appreciation of danger, and reasonable care under the circumstances are central questions.

How long do I have after a slip and fall in Alabama?

Many ordinary personal-injury negligence claims have a two-year limitations period, but municipal claims may require presentment within six months and county claims generally involve a 12-month presentment rule plus a pre-suit process. State, federal, employment, disability, and death-related cases can differ. The correct deadline requires identification of every potentially responsible entity.

Request a case-specific evaluation

Every premises-liability claim depends on its own evidence, relationships, defenses, and deadlines. If you were injured in a fall in Selma, Dallas County, or elsewhere in Alabama and want a case-specific assessment, request a case evaluation or contact the firm.

A consultation is not a promise of recovery or a particular result. Reading this page or contacting the firm does not by itself create an attorney-client relationship. Avoid sending sensitive or confidential information until the firm confirms how it can receive and protect it.

This article provides general legal information, not legal advice. Alabama law and the facts of each incident may change the analysis. It was last legally reviewed on September 10, 2026.

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