Alabama enacts Elder Abuse Prevention Act
Although estimates vary, it is generally believed that 4-6% of the elderly are subject to abuse. According to the National Incidence Study on Elder Abuse, approximately 450,000 elderly experience abuse each year in nationwide. The scale of the problem is massive and it comes as a relief that Alabama Governor Robert Bentley recently signed into law the Elder Abuse Prevention Act. The bill is designed to prevent and prosecute those that engage in elder abuse. Senator Tammy Irons of Florence, Alabama spent the better part of three years fighting to make the Act a reality. Senator Irons said, "I am grateful that Governor Bentley realized the importance of protecting our senior citizens and signed my bill into law this session. This is the first step in protecting our senior citizens from abuse in all of its disgusting forms--physical, emotional and financial."
A slip and fall or trip and fall accident comes within an area of the law known as premises liability. Under Alabama law, a premises owner has a duty to keep their premises in a reasonably safe condition for a business invitee. The plaintiff or injured party has the burden of proof in slip and fall case to establish that the premises owner/operator knew or should have known of the dangerous condition on their property that caused the person to fall. This often is a tough burden to meet. However, this can be established in a variety of ways: 1. Does the premises owner have a policy and procedure whereby they monitor their premises; 2. If the fall was caused by a substance, was there such a large amount that they should have noticed it?; 3. If the fall was caused by a defect in the premises the premises owner is presumed to have notice and knowledge of the condition; and 4. If the defect was created by the premises owner they are presumed to have notice - i.e. leaving an object sticking out in the aisle.
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