Property owners throughout Birmingham have a duty to keep their premises safe, and when they fail to do so, serious injuries can happen. If you were involved in an accident while on someone else’s property, you may have the right to seek compensation. At Farris, Riley & Pitt, LLP, an experienced Birmingham premises liability lawyer can help you take action.
Call (205) 324-1212 today or contact us online to discuss your case.
Understanding Premises Liability Law
Alabama premises liability law allows property owners to be held liable if someone gets hurt because their property wasn’t safe. If a store, apartment complex, or private property has hazards that should have been fixed or that visitors or guests should have been warned about, the owner may be liable for any harm caused.
Why You Need a Premises Liability Attorney in Birmingham
Proving a premises liability case is not always simple. The injured person has to prove that the property owner was aware of the danger or otherwise should have known about it but didn’t do anything to fix it. A premises liability lawyer in Birmingham can look into what happened, collect evidence, and work to get you fair compensation. If you or a loved one suffered an injury, speaking with an attorney can help you understand your rights and legal options.
Common Causes of Premises Liability Cases
There are many instances where an injured person may be able to file a premises liability claim against the owner. These causes can include:
Slip and Fall Accidents
Slipping or tripping hazards are some of the most common reasons for premises liability claims. Wet floors, uneven sidewalks, loose carpeting, or poor lighting can all contribute to falls. If a property owner fails to correct these issues or warn visitors about them, they can be held responsible for the slip and fall injuries that result.
Negligent Security
Property owners need to take reasonable steps to keep visitors safe from potential dangers. This includes providing adequate lighting, security cameras, and proper locks. If someone is attacked or a crime happens because of poor security, the property owner might be responsible for the harm done.
Unsafe Structures and Building Code Violations
Buildings must meet safety codes to prevent structural failures and accidents. Loose railings, collapsing ceilings, broken stairs, or electrical hazards can all lead to severe injuries. If a property owner ignores safety regulations, they can be held accountable.
Dog Bites and Animal Attacks
Property owners are responsible for ensuring their pets don’t hurt visitors. If a dog bites someone, whether in public or on private property, the owner might have to pay for medical bills, lost wages, and pain and suffering. This is especially true if the dog has a history of aggressive behavior and previous dog bites.
Swimming Pool Accidents
Unfenced pools, lack of supervision, and slippery surfaces around a pool can lead to serious accidents. Drownings and near-drownings often occur when property owners fail to follow safety regulations or post warnings about risks.
Property Guest Types and Their Rights
The kind of guest you are on a property can affect your legal rights if you need to file a claim. Under premises liability law, the guest classifications are:
Invitees
Invitees are people who enter a property for business purposes, like shoppers in a store. Property owners have the highest responsibility to keep them safe. This means they need to regularly check for hazards, fix any dangers, and warn visitors about potential risks.
Licensees
Licensees are guests or social visitors, such as friends or family members. Property owners must ensure that their property is reasonably safe and warn licensees about known dangers that may not be obvious.
Trespassers
Trespassers do not have permission to be on the property, but property owners still cannot intentionally harm them. If a property owner is aware of frequent trespassing, they may need to take precautions to prevent foreseeable injuries.
Where Do Premises Liability Accidents Happen?
Premises liability accidents can happen at homes, businesses, or public properties throughout Birmingham. For instance, some of the most common locations include:
- Grocery Stores and Retail Shops – Uneven or wet floors can cause slip and fall accidents.
- Restaurants and Bars – It is common for victims to suffer injuries from calls caused by spilled drinks and dimly lit pathways.
- Hotels and Resorts – Hotels have many areas that can lead to accidents, including wet bathroom floors, broken staircases, faulty elevators, and unsafe swimming pools.
- Parking Lots – Damaged ground surfaces or inadequate lighting can increase the risk of an injury.
Other locations may include public parks, recreational areas, amusement parks, schools, or daycare facilities.
What Is Attractive Nuisance?
An attractive nuisance is something on a property that is dangerous but likely to catch the attention of children. Kids may not understand the risks, so property owners need to take extra precautions to keep those hazards safe. Even if a child is trespassing, the property owner could still be responsible if they didn’t take reasonable precautions to prevent an accident. Some common examples of attractive nuisances include:
Unfenced Swimming Pools
Pools are one of the biggest attractive nuisances. Young children may try to play in or around the water, not realizing how dangerous it is. Property owners should have fences, locked gates, or covers to keep social guests such as kids from wandering in.
Trampolines without Safety Nets or Fences
A trampoline in an open yard is like an open invitation to kids. Without proper safety measures, children could get seriously hurt by falling off or landing the wrong way. Property owners should use safety nets and enclosures to prevent injuries.
Old or Abandoned Vehicles
A rusty, broken-down car might seem like the perfect place for a child to explore, but it can be extremely dangerous. Kids could get locked inside, hurt by sharp metal, or exposed to harmful substances. In addition, these vehicles should be removed or locked up to keep children away.
Ladders Left Unattended
A ladder leaning against a house, shed, or tree can be tempting for kids to climb. If it tips over or leads to a dangerous spot, like a roof, a child could get badly injured. Store ladders properly after use.
Alabama’s Contributory Negligence Laws
Alabama follows strict contributory negligence laws. This means that an injured person who contributes to causing their accident cannot recover compensation. Insurance companies often use this rule to deny claims. This makes working with a premises liability attorney important, as they can build a strong case to prove the property owner’s responsibility and counter any claims of shared fault.
In some cases, defenses like the ‘assumption of risk’ may apply. This means that if someone knowingly exposes themselves to a hazard, they may be barred from recovering damages. Another defense is the open and obvious hazard rule, which argues that a property owner may not be liable if the danger was clearly visible and avoidable. However, just because a hazard is obvious doesn’t always mean the property owner is off the hook—courts will consider other factors in determining liability.
Types of Compensation in Premises Liability Claims
Recovering from a premises accident can be physically and financially challenging. A successful claim can help cover:
- Medical Expenses – Injuries often require hospitalization, surgery, and even long-term treatment. Compensation helps cover these costs so victims can focus on healing.
- Lost Wages – If an injury keeps someone from working, they deserve to recover the income they missed while recovering.
- Pain and Suffering – The physical and emotional impacts of an injury can be difficult to deal with. Compensation acknowledges this hardship.
- Disability and Ongoing Care – Some injuries lead to long-term disability, requiring ongoing medical treatment or personal care.
- Property Damage – If personal belongings were damaged in the accident, victims may be entitled to financial recovery.
- Emotional Distress – Psychological trauma from the accident can have lasting effects, and compensation can help victims get the care they need.
- Punitive Damages – In cases of malicious property owner negligence, additional damages may be awarded to discourage similar behavior in the future.
The Role of Evidence in Premises Liability Cases
Strong evidence is essential in proving a premises liability case. Photos or videos of the hazard, witness statements, and maintenance records can support a claim. In addition, medical records and expert testimony can also establish the severity of injuries and the impact they have on the victim’s life. An experienced premises liability accident attorney will gather and present this evidence effectively to build a compelling case.
In addition to gathering evidence, it is important to notify the property manager or owner about the incident as soon as possible. Prompt notification helps preserve key evidence and shows that the property owner was made aware of the hazard. Filing an incident report at the scene can also be vital, as it provides an official record of the accident that can be used to support your claim.
An experienced premises liability accident attorney will help you gather and present this evidence effectively to build a compelling case.
Frequently Asked Questions
Victims of premises liability accidents often have questions. Here are answers to some of the most common.
What is the deadline for filing a premises liability claim in Alabama?
In Alabama, you usually have up to two years from the day of your injury to file a premises liability lawsuit. If you wait too long, you may lose your chance to recover compensation. However, there can be exceptions, so it’s best to speak with a lawyer as soon as possible.
Can I sue if I got hurt at a store or business?
Yes, if the store or business was negligent and that negligence led to your injury, you can file a claim. Owners and managers of businesses are required to keep their property safe for customers by cleaning up spills, fixing hazards, and providing proper security. If they fail to do this and you get hurt, they may be responsible for your medical bills and other losses.
Do I need a lawyer for a premises liability claim?
While you’re not required to have a lawyer, it’s highly recommended. Insurance companies and property owners fight hard to avoid paying claims. A lawyer is well-versed in premises liability laws and can use their knowledge, resources, and experience to file a lawsuit on your behalf.
Contact a Premises Liability Lawyer in Birmingham Today
If you are injured while on someone else’s property, whether it was a result of a slip and fall or a dog attack, don’t wait to get legal help. The sooner you act, the stronger your case can be. At Farris, Riley & Pitt, LLP, our team of Birmingham premises liability attorneys are ready to fight for your rights and support you. Call (205) 324-1212 today for a free case review and consultation. With our experience handling premises liability cases, our law firm can help you get the compensation you deserve.
