Did you trip or slip and fall down poorly maintained steps, slip and fall on a wet surface, or trip and fall in a parking lot with an uneven surface? Even a simple task as going to the grocery shop can pose a risk of getting injured on someone else’s premises.
In Alabama, property owners are required by law to keep visitors reasonably safe by taking good care of their property. A property owner may be liable for compensating anyone who gets hurt in his or her property when the property owner or his or her property manager fails to maintain the property adequately.
Our Montgomery premises liability lawyers can help you determine and prove liability and get you the compensation you deserve. At Mike Bell Accident & Injury Lawyers, we can also help you fight off accusations of contributory negligence that may bar you from getting compensated completely.
Our personal injury attorneys have vast experience in handling premises liability cases and have been doing it for many years. We have helped many clients in Montgomery and throughout Alabama. We want to help you too!
Suppose you were hurt while on a municipality’s property or someone else’s property; in that case, you should speak with a Montgomery premises liability attorney at Mike Bell immediately to see if you have a case and go through your legal options and rights. Call 334-666-5000 to arrange an obligation-free, no-charge case evaluation.
DO I HAVE A PREMISES LIABILITY CLAIM?
According to Alabama laws, all property/landowners have a duty of care to anyone who visits their property. This means they must take care of their property to ensure the safety of visitors. When property/landowners or the property managers fail to take care of or secure the premises, and someone gets injured, that owner or property manager may be responsible for compensating you.
However, being injured on someone else’s property doesn’t necessarily make that person responsible. For your premises liability claim to be viable, several factors must be proved before the court can award any damages.
Although premises liability is a nuanced area of law, our experienced lawyers at Mike Bell can scrutinize the details of your claim and establish if your premises liability claim holds any water.
MOST COMMON PREMISES LIABILITY INJURIES IN MONTGOMERY, AL?
Injuries from slip and fall accidents are the most common type of premises liability injuries because they happen nearly anywhere. People slip and fall due to many negligent reasons like unmarked wet floors, defective staircases & railings, poor lighting, cords, loose flooring, broken concrete, and unsecured carpet.
Other common types of premises accidents are:
- Dog bites and dog attacks
- Drowning and swimming pool accidents
- Elevator and escalator accidents
- Structural failings that lead to an injury
- Being hit by a falling object
- Accidents at amusement parks
- Water leaks and flooding
- Defective conditions
- Assault resulting from inadequate security
WHO IS RESPONSIBLE FOR A PREMISES LIABILITY INJURY?
Property owners in Alabama have a duty of care for visitors of their properties. However, to prove your Montgomery premises liability claim, four facts must be established:
- A hazard or some unsafe condition existed on the property. The plaintiff must provide evidence that there existed a hazard on the property that posed a potential danger to visitors.
- The plaintiff proves that the property owner was aware of the condition or should have been knowledgeable about it if he or she was indeed taking care of the property properly to establish a claim.
- The plaintiff must provide evidence to show that the property owner or property manager failed to fix the hazardous condition or warn others of the danger presented adequately.
- The hazard or unsafe condition resulted in the plaintiff’s injuries. Finally, to prove that the property owner was responsible, the plaintiff must show that the property owner’s negligence caused his or her injuries.
At Mike Bell Accident & Injury Lawyers, we can help you determine who is responsible for your Montgomery premises liability claim.
WHAT IF MY CHILD IS INJURED?
Sometimes, children are attracted to enticing nuisances like swimming pools or innocently cut-through properties. When this happens, even if the child trespassed, property owners may be liable for damages if they should have known of the risk of an injury to a child.
When it comes to warning children who aren’t authorized to be on the property, a property owner’s duty is different. If a property/ landowner knows (or should know) that children are likely to be on his or her premises and that a hazard or unsafe condition on the premises is expected to cause bodily harm or death, he or she must give a warning. This particular duty to children in premises liability claims is known as the attractive nuisance doctrine.
HOW DOES PREMISES LIABILITY APPLY TO BUSINESSES & TRESPASSERS?
The duty owed to visitors by Alabama property owners depends on their status to their property. Generally, there are three types of visitors:
Invitees are individuals who are explicitly or implicitly invited onto the property for commercial endeavors that benefit both the property owner and the invitee, usually a client or business customer. Shoppers at grocery stores, customers eating out at restaurants, and even patients visiting the doctor are all invitees.
Property/landowners owe invitees the most duty of care and must consistently inspect the property, fix or remove any hazards, and warn invitees against any possible dangerous conditions. A property owner might be responsible for an invitee’s injuries if they did not discover a hazard they reasonably should have, failed to remove or fix a known hazard, or failed to notify you about a potential hazard.
Licensees are individuals who visit another person’s property by explicit or implicit invitation, but not for commercial reasons. Social guests in people’s homes are licensees. Visitors of public properties or authorized visitors of private property visiting for recreational purposes are also licensees.
A property/landowner owes a licensee a lesser duty of care than an invitee. Property owners are required to fix hazards or warn against known dangers. Unlike invitees who can hold property owners liable for dangers they reasonably should have been aware of, licensees can only hold owners liable for hazards they actually knew about.
Trespassers are individuals who go onto other people’s property without authorization. If you use your neighbor’s private beach without their consent or knowledge, you are a trespasser.
Property owners owe trespassers very little duty. Property owners are not required to secure or keep their property safe from unauthorized individuals. However, if a property owner knows that trespassers frequent his or her property, then he or she must put a warning regarding the known danger(s). Additionally, property owners cannot set traps for trespassers.
WHAT IF I WAS HURT AT MY WORKPLACE?
In Montgomery, all employers who frequently employ five or more employees are required by Alabama’s workers’ compensation laws to have workers’ compensation coverage.
Generally, you can’t sue an employer for work-related injuries in Alabama. Our attorneys can evaluate your case and determine if you should proceed with a workers’ compensation claim or litigation.
WHAT IS THE TIME LIMIT FOR FILING A PREMISES LIABILITY CLAIM IN MONTGOMERY, ALABAMA?
In Montgomery, premises liability accident victims who suffer injuries have two years from the injury date to bring a personal injury lawsuit according to Alabama’s statute of limitations for personal injury cases. It is vital that you speak with a trusted Montgomery premises liability lawyer to review your case and help you file your claim on time. Failing to adhere to this legal deadline will result in you losing your legal right to pursue compensation.
GET A FREE CONSULTATION WITH A MONTGOMERY PREMISES LIABILITY LAWYER
It is a fact that premises liability cases in Alabama can be tricky. But, with Mike Bell Accident & Injury Lawyers by your side, we can help you recover the compensation you are entitled to if another person was at fault. Our experienced lawyers at Mike Bell understand the system and know what it takes to prevail in premises liability cases.
It’s crucial to act fast because time is an essential factor in these matters. There is a necessity for carrying out investigations, collecting evidence, identifying witnesses, and beating a two-year statute of limitations. This is why we at Mike Bell recommend speaking to an attorney as soon as possible after an accident.
We work with all our clients closely for the best chance of getting a positive case result. We want to be your first call if you or someone you love has suffered a serious injury on another person’s property. Our experienced Alabama premises liability attorneys protect the rights of premises liability accident victims in Montgomery and throughout the state. Our chief aim is securing your deserved compensation from the at-fault parties.