March 13, 2023
personal injury

In Alabama, property owners have a duty of care to people who are invited onto their premises. When a property owner or manager fails to maintain a safe property, the victim can file for compensation for the damages they sustain.

If you suffer damages due to an accident on someone else’s property, you may have the right to file a premises liability claim. However, it is essential to understand the requirements for proving liability to win your case.

Our Alabama slip and fall attorneys from The Vance Law Firm Injury Lawyers can help you navigate your premises liability case. We will work with you to prove negligence and win maximum compensation for your injuries.

What Is Premises Liability?

Premises liability is a property owner’s legal responsibility for any harm to individuals on their property. A property owner must keep their property reasonably safe and warn of any known dangers that may not be immediately obvious to visitors.

Landlord duties include performing regular inspections and repairing or removing hazards as soon as they know they are dangerous. They must also post warning signs, maintain adequate lighting, and ensure their property complies with building and safety codes.

What Accidents Fall Under Premises Liability Laws?

This type of claim can arise from a wide range of incidents, such as slip and fall accidents, inadequate security, and dangerous or defective conditions on the property. Examples of premises liability accidents include:

  • Slipping on icy parking lots or sidewalks
  • Falling down a flight of stairs due to a lack of handrails
  • Sustaining an injury in a swimming pool due to inadequate fencing
  • Slipping on wet or slippery floors due to liquid spills
  • Tripping on uneven or broken surfaces, like broken tiles or uneven sidewalks
  • Falling due to poor lighting

What Constitutes Negligence?

If you sustain injuries in a slip and fall accident on someone’s property, you may be able to claim compensation if the property owner was negligent. Negligence means that the property owner was responsible for keeping their property safe for visitors but failed to do so.

To win a case based on negligence, you must also show several elements of negligence:

  • Duty of care. Duty of care refers to the obligation of the property owner to take steps to maintain their property in a safe condition. You must show the property owner had a duty of care toward you; for example, you were a customer shopping at a grocery store.
  • Breach of duty. Breach of duty means that the owner or manager did not fulfill their legal obligation to keep the premises safe. You must show that their action or inaction breached their duty and that they had constructive or actual notice of the hazard. For instance, they did not remove water or ice from the entryway or put up a wet floor sign, despite other customers complaining about the danger.
  • Causation is the direct way the property owner’s negligence caused your injuries. Premises liability cases require you to prove that their behavior led to your damages and that your injuries would not have occurred if they had acted appropriately.
  • The final element you must prove in a premises liability case are the damages you suffered. You must prove that your injuries occurred during the incident and how they affected your financial and emotional well-being.

Types of Evidence to Use for Your Claim

If you were injured on someone’s property, gathering as much evidence as possible to support your premises liability claim is crucial.

Your attorney from The Vance Law Firm Injury Lawyers can help you gather persuasive evidence like the following to prove your claim:

  • Photographs provide visual evidence of the hazardous condition and the injuries suffered. Take pictures immediately after the accident to capture the scene before any evidence is removed or cleaned. Also, take photos of your injuries, and if you see any security cameras nearby, take a picture so your attorney can request this footage from the property owner.
  • Witness statements. Witness statements offer testimony from individuals who witnessed the accident. Get the name and contact information of anyone who saw the incident so your attorney can get their statement and use it to prove causation in your case.
  • Expert testimony. Expert testimony provides specialized knowledge and opinions on the hazardous condition and relevant standards. Your lawyer can work with engineering, reconstruction, or medical experts to explain aspects of your case and prove causation to win you compensation. 

Speak with an Alabama Premises Liability Attorney

Whether you are seeking compensation for medical expenses, lost wages, or other damages, work with an experienced attorney from The Vance Law Firm Injury Lawyers to handle your case.

We are skilled in Alabama premises liability claims and can help you get a fair settlement for your injuries. Contact us to schedule a free consultation where we can review your premises liability case and provide an overview of your legal options.

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