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ALABAMA PREMISES LIABILITY FREQUENTLY ASKED QUESTIONS
A slip and fall injury often occurs due to dangerous conditions of the premises and the negligence of the property owner to repair and or warn of the defect where the slip and fall or trip and fall incident occurred. A possessor of premises has a duty to use reasonable care to maintain the premises in a safe condition and a duty to use reasonable care to learn of the existence of any dangerous or unsafe conditions on his premises that could cause harm to anyone. The property possessor also has a duty to warn of concealed perils that he knows about or should know about, through the exercise of reasonable care.
1. What constitutes "premises liability" under Alabama law?
Premises liability refers to the body of law which holds a landowner and/or possessor of property liable for injuries to others sustained on their property. In Alabama, a premises liability lawsuit often arises from a landowner's or occupant's failure to either correct a dangerous condition on their property or warn or its existence.
2. What are the legal elements of an Alabama premises liability action?
As in any other Alabama personal injury lawsuit, the injured party plaintiff, must prove that the defendant (in this case, landowner or occupant) was negligent towards the injured plaintiff. It must be shown that the landowner/occupant possessed the premises at the time of the accident and that they had control of the premises, and control of the condition thereof. The plaintiff must prove that the defendant owed a duty of due care to the plaintiff, that this duty was breached, and that the breach was the proximate cause of the plaintiff's injuries.
3. What are the most common types of premises liability cases in Alabama?
Slip and fall and trip and fall accidents are by far the most common claims in Alabama premises liability law suits. Common causes of slip and fall or trip and fall injuries are due to a foreign substance on the floor. The foreign substance is often either sticky or slippery. Other common causes are from unmarked uneven surfaces, or unmarked step-downs, or holes in the walking surface, or defects in the floor, stairs, or stairways.
Other common examples of premises liability actions include, but are not limited to dog bites and animal attacks. A property owner/occupant is strictly liable for dog bites in Alabama. Dangerous conditions on the premises contributing to injuries may include unsafe design and/or unsafe construction of buildings, or overgrown or uncontrolled landscaping, poor lighting or inadequate lighting, or inoperative lighting. Uncovered holes, unmarked ditches or culverts, dangerous debris or broken glass or sharp objects may also cause injury on the premises, as well as defective equipment or machinery, or malfunctioning traffic lights.
Other dangerous conditions leading to premises liability lawsuits may include fire hazards, toxic chemical exposure, toxic mold, asbestos exposure, or lead poisoning, or poor circulation or ventilation causing "sick building" syndrome.
4. Is it possible to file an Alabama premises liability lawsuit if injured by assault or other criminal conduct?
Yes, it is possible. Every situation is different; therefore you must consult with an Alabama premises liability attorney to ascertain where responsibility for your injury lies.
Generally speaking, a landowner must exercise reasonable care for the safety of persons on his premises. If the landowner knew, or should have known, of the danger of being injured, by the negligent or willful or criminal behavior of others on his premises, then he (may have) had a duty to provide adequate security to prevent foreseeable injury. Please call us to speak with an Alabama premises liability lawyer regarding your specific circumstances.
5. What damages can I recover in an Alabama premises liability case?
An injured plaintiff who successfully proves their claim, is entitled to recover economic damages for every out of pocket expense he has incurred, or will incur, as a direct result of the accident, including, but not limited to, medical expenses, lost wages and future lost earning potential. The plaintiff is also entitled to monetary recovery for such non- economic damages as pain and suffering and lifestyle alterations. Lastly, if the defendant engaged in wanton, willful behavior in reckless disregard for the safety of the plaintiff, punitive damages may be imposed to punish the defendant and to deter him and others from engaging in the behavior that caused the injury.
6. What should I do if I'm not sure if I have a viable premises liability case?
By all means give us a call! Our Alabama premises liability attorney is here to serve you, so please do not hesitate to call us right now for a FREE CONSULTATION, 1-205-222-5543.
ALABAMA PREMISES LIABILITY ATTORNEY, SLIP & FALL LAWYER
Our premises liability attorney and trip and fall lawyer stands ready to assist you through the complex maze of Alabama premises liability laws and issues related to slip and fall accident claims and all other premises liability questions.
The most common case that an Alabama premises liability attorney handles is a slip and fall accident or a trip and fall accident. A slip and fall injury is by no means the only kind of premises negligence case a premises liability lawyer handles. Premises liability lawsuits may stem from any kind of unsafe or dangerous conditions on the premises, or defect in the construction of, or inadequate maintenance of the premises where an injury or accident occurs.
Cases handled by our Alabama premises liability lawyer include, but are not limited to, injuries from toxic chemical exposure, toxic mold, lead poisoning, defective lighting, or inadequate or inoperative lighting, failure to warn of hazardous conditions on the property, improperly maintained equipment, improperly maintained furniture or furnishings, overgrown or uncontrolled landscaping or tree growth, fallen trees or limbs, dog bites, dog attacks, failure to warn of presence of dog or failure to restrain a dog or other animal, uncovered ditches, culverts, potholes, open holes on the property, broken stairs, broken steps, un marked step downs, foreign substances on the ground, either sticky or slippery, and other dangerous conditions of the premises that the property owner fails to warn of and/or correct.
To successfully prevail in an Alabama premises liability lawsuit, an Alabama premises liability attorney must prove that the defendant had ownership or possession of, and/or control of, or contributory activity on, the premises where the injury occurred. There may be multiple defendants in an Alabama premises liability case. In a commercial business situation, a business owner (tenant) renting from a commercial landlord may also be liable for an injury occurring on his business premises. A commercial cleaning service who put super slippery wax on a floor causing people to fall, may be liable for their injuries. If a security company was hired to protect invitees on the premises, and failed to do so, they may be held liable for injuries sustained due to their negligent security practices. A governmental entity may be liable for defects in sidewalks causing injuries, or failure to keep traffic signs visible and or operational. The combinations of possibilities are limitless.
If you have been injured, and you believe it is the result of someone else's negligence, please call 1-205-222-5543 for a free consultation and analysis of your situation.
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