When you’re hurt on someone else’s property, whether it’s a grocery store or an apartment complex, you might feel like you’re having bad luck or you’re accident-prone.
But all too often, it’s neither of those. Instead, slips and falls are often preventable accidents that are caused by others’ negligence. Property owners have a duty to keep their premises safe for their tenants and guests. When they don’t, they are actively breaking Alabama’s premises liability laws.
Premises liability occurs when property owners or managers negligently cause harm to tenants or guests. Serious premises liability injuries can happen anywhere. You could be shopping at a local grocery store in South Montgomery and slip on a wet floor, or trip over low-hanging branches or overgrown bushes that are obstructing a walkway in the Cloverdale neighborhood.
No matter where you are in Montgomery, if you’ve been injured on someone else’s property, you must get legal guidance from a Montgomery premises liability lawyer at The Vance Law Firm. To learn more about your legal options, contact us today at The Vance Law Firm for a free and confidential consultation.
Common Types of Premises Liability Accidents in Montgomery
Unsafe property conditions can be experienced all across Montgomery, from businesses along Vaughn Road to apartments in East Montgomery. It’s also important to note that Montgomery is home to important historic and cultural destinations like the National Memorial for Peace and Justice and the Rosa Parks Museum. They draw millions of tourists each year, making those high-traffic areas more dangerous for residents and visitors.
Below are some of the most common types of premises liability cases The Vance Law Firm handles:
Slip and Fall Accidents
Some of the most common premises liability claims involve slip-and-fall accidents. Slippery floors, uneven sidewalks, loose carpeting, broken stairs, and missing handrails can cause serious injuries. Even a simple fall can result in long-lasting brain trauma and mobility issues.
Inadequate Security
When apartment complexes, hotels, or businesses fail to provide proper lighting, working locks, or reasonable security measures, visitors can become victims of assaults or robberies. These cases are especially common in parking garages, stairwells, or poorly lit areas.
Dog Bites and Animal Attacks
According to Alabama law, dog bite victims can hold negligent owners accountable when they fail to restrain or control dangerous animals. Dog bites can occur in parks, neighborhoods, and rental properties.
Swimming Pool and Water Hazards
Unfenced pools, missing safety equipment, or slick decks create serious risks of falls and drowning. These risks are exceptionally high for children. Landlords, HOAs, and property owners must comply with safety regulations to protect all tenants and visitors.
Defective Property Conditions
Faulty railings, potholes in parking lots, or any deteriorating structures are serious hazards. When owners fail to maintain their properties or delay repairs, they put residents and guests at risk.
Fire and Electrical Hazards
Old, faulty wiring, overloaded outlets, or missing smoke alarms can lead to devastating injuries or death. Montgomery has Property owners are responsible for keeping their buildings up to code to prevent these avoidable tragedies.
How Negligence Is Proven in a Premises Liability Claim
To win a premises liability case in Alabama, you must prove that the property owner’s negligence caused your injury. Here’s the foundation for how we build that argument:
- Duty of Care: The property owner had a legal obligation to keep the area reasonably safe.
- Breach of Duty: They failed to fix or warn about a hazard they knew or should have known about.
- Causation: That failure directly caused your accident and injuries.
- Damages: You suffered clear and measurable loss, such as medical expenses, pain, or lost wages.
Evidence is everything. At The Vance Law Firm, we gather maintenance records, security footage, inspection reports, and witness statements. We also bring in experts when needed to show how the dangerous condition developed — and how it could have been prevented.
Who Can Be Held Responsible?
Determining who’s at fault is often complex. Liability can depend on who had control over the property or the hazard that caused your injury. Potentially responsible parties include:
- Property Owners: The person or entity that owns the land or building, which might be a homeowner, business owner, or commercial property investor.
- Property Managers: When a management company handles day-to-day safety and upkeep, they may share responsibility.
- Tenants or Business Operators: Renters who control a property (like store owners, bar or restaurant operators) can be liable if their action or inaction caused someone harm.
- Maintenance or Repair Contractors: If a third-party company failed to fix an issue properly or created a hazard of any kind while on the property, they might be part of the claim.
In Montgomery, premises liability cases may involve a local property manager failing to repair a dangerous stairwell in a Midtown apartment complex or an ignored wet floor at an Eastdale Mall store. Identifying the right defendant is key to securing compensation, and you’ll need experienced legal guidance to do so.
Types of Compensation Available in Premises Liability Cases
A serious accident can impact every part of your life—physically, emotionally, and financially. Types of compensation you may need after getting injured include:
- Medical Expenses: This compensation covers all costs related to treating your injuries, like hospital bills, surgeries, medications, and rehabilitation. This includes initial emergency room costs and ongoing treatment and inpatient physical therapy in facilities like Encompass Health.
- Lost Income: You can seek recovery for the wages you lost while recovering from your accident and any future loss of earning capacity if your injuries prevent you from returning to your former job.
- Pain and Suffering: Compensation is available for the non-economic losses you endure, including the physical pain, emotional distress, and reduced quality of life caused by the injury.
- Property Damage: If any of your personal items, such as your clothing, phone, or glasses, were damaged in the incident, you can recover the costs associated with repairing or replacing them.
- Long-Term Care Costs: For severe injuries, compensation includes the costs of necessary long-term support, such as ongoing therapy, assistive equipment, or modifications required to make your home and vehicle accessible.
No two cases are the same, so The Vance Law Firm calculates the full value of your damages to make sure insurance companies don’t lowball you.
Alabama Premises Liability Laws You Should Know
Alabama’s laws make premises liability cases complex, especially because of two key rules: contributory negligence and the statute of limitations.
Alabama’s Contributory Negligence Rule
Alabama follows an extremely unforgiving contributory negligence doctrine. This means if you are found even 1% at fault for your own injury, you can lose your right to recover any compensation at all for your injuries.
For example, if you were talking or texting on your phone when you tripped in a parking lot, you will likely be barred completely from collecting compensation for your injuries—even if there was truly a tripping hazard on the lot.
That’s why it’s critical to have a lawyer who knows how to conduct research and build a case that places full responsibility on the property owner or manager.
Statute of Limitations for Premises Liability Claims
In Alabama, you typically have two years from the date of the accident to file a personal injury claim. This is a strict rule, and no matter how strong your claim may be, filing late can cause you to lose your ability to file and recover compensation entirely.
While the two-year deadline applies to most personal injury cases, there are a few exceptions to the rule. For instance, minors under the age of 19, mentally incapacitated individuals, some medical malpractice cases, or delayed discovery of injuries are some of these exceptions.
It’s essential to consult an experienced local premises liability lawyer as soon as possible to meet these strict deadlines and determine whether any exceptions apply.
What to Do After a Premises Liability Accident
Your action or inaction following a premises liability accident can make all the difference with your claim. Take the following steps to protect your health and your case:
1. Seek medical attention.
Even if your injuries seem minor, get checked by a doctor. Some injuries, like concussions or internal damage, aren’t always obvious right away. Local options for medical help include Baptist Medical Center South, Jackson Hospital, and Baptist Medical Center East.
2. Report the incident.
If your injury is serious or caused by an assault on property with inadequate security or lighting, you must call 911 and report the incident to the Montgomery Police. Also, no matter the circumstances, you need to tell the property owner, store manager, or landlord about what happened and request a written report. Keep all copies for your records.
3. Document everything.
If you can do so safely, take clear photos or videos of the scene, your injuries, and anything that contributed to the accident (like a wet floor or broken stairs).
4. Collect witness information.
If anyone witnessed your accident, get their contact details. Their statements can be exactly what helps prove your claim later.
5. Contact a Montgomery premises liability attorney.
Before speaking with the property owner’s insurance company, call a lawyer experienced in premises liability cases in Alabama. Insurance adjusters may try to trick you by getting recorded statements or by pressuring you into early lowball settlements.
You Need a Montgomery Premises Liability Lawyer
Premises liability cases can be rather complex. With Alabama’s strict negligence laws, trying to navigate the process on your own can be a nightmare.
At The Vance Law Firm, we fight for injured Alabamians. Our team understands the local court system and knows the judges and insurance adjusters in Montgomery and throughout Central Alabama.
We’ll investigate the accident and preserve evidence to negotiate for a fair settlement. If we don’t receive a fair settlement, we’re fully prepared to take your case to trial and aggressively fight for the maximum compensation.
All Alabamians have the right to solid legal representation. That’s why we work on a contingency fee basis, meaningyou don’t pay any attorney fees unless we win your case.
Contact The Vance Law Firm
If you or someone you love was hurt because someone else’s property was unsafe in Montgomery or anywhere in Alabama, don’t wait to get legal help.
Contact The Vance Law Firm today for a free consultation. We’ll walk you through your legal options under Alabama law, fight for the compensation you deserve, and work to make sure you’re treated fairly every step of the way.
