Alabama Premises Liability Lawyers

Common Causes of Premises Liability Actions

You can be seriously injured just about anywhere. But the risk of serious injury and death is probably higher in certain types of establishments. These include bars, amusement parks, swimming pools, playgrounds, restaurants, and shopping centers. Other potential locations for an injury or death include schools, apartment complexes, office buildings, and nursing homes.

Common causes of premises liability actions include the following:

• Slip and fall/Trip and fall accidents
• Swimming pool accidents
• Dog bites and animal attacks
• Falling objects
• Damages sidewalks
• Negligent security
• Failure to adhere to building codes
• Fires and explosions
• Chemical exposure
• Defective elevator and escalator accidents
• Damaged or missing railings
• Icy pavement and sidewalks
• Open ditches and wells
• Poor lighting
• Unmarked wet floors
• Loose roofing materials
• Dead trees or branches

This might seem like a long list, but it is nowhere near complete. If you’ve been injured on someone else’s property, your best course of action is to speak with a seasoned accident attorney to determine whether or not you have a case.

Determining Liability in Premises Accident Cases

If you’ve been injured on someone else’s property, they might have to compensate you for your damages. Although not every property-related injury is severe, some can be incredibly serious, involving emergency care, hospitalization, rehabilitation, and even permanent impairment.

When a property owner or manager’s negligence was to blame for your losses, you have the right to make a claim for damages, including medical care, lost wages, pain and suffering, and more. But, figuring out who is responsible and whether or not you have a valid case isn’t always a simple matter.

Property owners and managers have a responsibility or “duty of care” to people who enter their property, but the level of responsibility varies depending on the status of the visitor. According to Alabama law, a visitor on a property can be classified into one of three categories:

Invitee

Property owners and holders owe the highest duty of care to an invitee. These include visitors, guests, and customers who have entered the property for the financial benefit of the owner or occupier of that property. The most common example of an invitee is a business customer, such as a diner in a restaurant.

Owners and property managers of property or land are legally obligated to keep their property safely maintained and give invitees reasonable warnings of any possible hazardous or dangerous conditions. Owners can even be held liable if there is a condition that they should have known about but failed to notice when this failure is the direct cause of an invitee’s injury.

Licensee

Property owners and managers also have a duty of care to a licensee, but it is slightly less. This is someone who has an implied or express invitation to enter the property, but they aren’t there for any financial or business purpose. A common example is a friend or neighbor that pays a social visit.

Owners and occupiers of the property must correct and warn about any hazardous or dangerous conditions. However, they will generally only be held responsible for dangers that they knew about.

Trespasser

The lowest duty of care, with some exceptions, is due to a trespasser. This is someone that enters the property without permission and without an invitation. An example is a thief or a solicitor that comes onto a closed and marked property.

Property owners and managers do not have to keep their property safe from trespassers, but they cannot intentionally cause a trespasser harm. If a property owner knows that children might come onto their property, they have a duty to prevent harm to children and to post warnings of any hazards.

What Must You Prove in a Slip and Fall Case?

Slip and fall cases are the most common type of premises liability case. These often happen in stores thanks to slippery floors, poor lighting, uneven terrain, scattered debris, or other hazards. While a “slip and fall” might sound minor, the truth is that some of these incidents can lead to serious injuries, such as broken bones, traumatic brain injury, and more.

But they are also incredibly challenging to prove because many businesses have decided to aggressively fight all slip and fall cases. Don’t be surprised if your claim is denied or if an insurance company tries to use the state’s contributory negligence law as a defense. If you are found to be just 1% at fault for your injuries, you won’t be able to collect any damages.

When you file a slip and fall case, or any premises liability case, you will need to prove that the property owner or manager had either actual or constructive knowledge of the hazard causing your injury. This is tough to do without help, but an experienced personal injury attorney can analyze the data, review records, and talk to witnesses to protect your interests. If you are going to come out ahead in one of these cases, you need an aggressive slip and fall lawyer that won’t back down in the face of fierce opposition.

Speak with an Experienced Alabama Premises Liability Attorney

For more than two decades, Greene & Phillips has been fighting for the rights of the injured. Severe injuries and wrongful death bring about serious trauma and financial challenges, so we are committed to helping clients secure justice.

Our legal team is prepared to investigate your claim, seek any evidence or witness statements, and quickly get the money you deserve for your injury. Call 1-888-510-1020 or come by our office. You never need an appointment, the consultation is always free, and we won’t charge you a dime unless we get money for you.