Posted on Sunday, December 1st, 2024 at 9:00 am
If you slipped and fell at a shopping center or were injured on someone else’s property, you may want to know how to pursue money from the property owner for your injuries and financial losses and the difference between liability vs. negligence. An experienced premises liability negligence lawyer can review your case, assess the property owner’s liability, and advise you of your legal options.
What Is Premises Liability Negligence in Birmingham, Alabama?
If you are contemplating filing a lawsuit related to the injuries you sustained on someone else’s property, you might wonder, “Is premises liability the same as negligence?”
A premises liability case is a type of negligence claim. In Alabama, you can file a premises liability case after an accident on someone else’s property. You can seek compensation from the property owner for their negligence related to a property defect or hazard that caused your injuries. In other words, the question isn’t premises liability vs. negligence but rather, can you prove the property owner’s negligence to support your premises liability claim?
What Is Negligence?
Establishing the negligence of the party responsible for your injuries allows you to recover the money you need to cover your injuries and losses. But what is negligence vs. liability? Negligence refers to a person or entity’s failure to exercise reasonable care, resulting in harm. To prove negligence, you must establish that the party owed you a duty and that they breached that duty, which directly caused your injury. In the premises liability case, you could establish the negligence of a grocery store if you can prove they were aware of a spill, failed to timely place a warning cone to alert shoppers of the hazard, and did not immediately clean up the spill, which caused your fall.
Some other common examples of property negligence include the following:
- Failing to properly maintain the property
- Ignoring a known hazard
- Not posting warning signs
- Using property in a dangerous manner
- Failing to provide adequate security
What Duty of Care Does a Property Owner Owe Me?
A property owner’s duty of care is their legal obligation to act in a particular manner to prevent you from suffering injuries when you enter their property. Their duty depends on your “classification” on their property. If you have permission to be on the property, you are considered an “invitee.” If you do not have permission to enter the property, you are a “trespasser.” You will be classified as a “licensee” if you enter the property for your own purposes.
The property owner’s duty of care for each classification is described as follows:
- Invitee – The property owner must inspect their property for any possible hazard, promptly remedy any property defects they discover, and warn you of the potential hazard.
- Licensee – The property owner does not have a duty to inspect the property for unknown hazards.
- Trespasser – If you trespass onto their property, the owner owes no duty of care, except they cannot intentionally cause you any harm.
Negligence in premises liability occurs if the property owner violates their above-mentioned duty of care based on your status when entering the property. An experienced premises liability attorney will thoroughly review the facts and circumstances of the case to determine what duty of care was owed, whether that duty was breached, and if those acts (or inactions) caused your injuries.
What Evidence Do I Need to Establish Negligence in a Premises Liability Case?
You can trust your premises liability lawyer to build a strong case on your behalf. Although every case is different, the types of evidence your attorney may use to establish the negligence of the property owner are generally the same and may include the following:
- An incident report
- Property maintenance records
- Photographs
- Video surveillance footage
- Witness statements
- Your medical records and bills
What Compensation Can I Receive in a Premises Liability Case?
The compensation you can pursue depends on the nature and severity of your injuries. Your attorney will obtain all your medical bills and payroll records (if you miss work due to your injuries) so they can support your claim for financial losses. In addition to money for medical treatment and lost wages, your attorney may also advise you you can seek compensation for the following:
- Prescription costs
- Physical therapy expenses
- Loss of future earning capacity
- Pain and suffering
- Mental trauma
Although punitive damages are generally not awarded in premises liability cases, they are available if the property owner intentionally caused you harm.
When Do I Have to File a Premises Liability Case?
Under Alabama law, you have two years from the date of your injury to file a premises liability case. The Alabama statute of limitations sets this deadline. Failure to file your lawsuit within this timeframe will likely result in the judge dismissing your case as time-barred. This means you cannot pursue compensation for your losses in court.
Two years may seem like a long time. Still, it’s best to contact a lawyer as soon as possible after the incident. Your attorney can immediately initiate their investigation and possibly obtain evidence that may not be available later. They need this time to obtain the necessary evidence to support your claim and negotiate with the insurance companies involved. Your attorney can also keep track of the deadline to file your lawsuit and all other pertinent deadlines, alleviating any stress that may cause you. With an experienced premises liability lawyer on your side, you can focus on your recovery.
Contact Farris, Riley & Pitt, LLP in Birmingham, Alabama, Today
If you were injured on someone’s property in Birmingham, you need a skilled and knowledgeable premises liability attorney from Farris, Riley & Pitt, LLP. We have extensive experience handling all types of personal injury cases and look forward to offering you the strong legal advocacy our clients have come to expect.
Contact us today at (205) 324-1212 to get started with your case. We offer confidential, free case evaluations to learn about your case and advise you of your legal rights after a premises liability incident.
