Injuries can occur when you are away from home in all sorts of places in Birmingham, Alabama. You could be injured while shopping or dining. Your child may be injured playing in a public park or while you are visiting the zoo. If you or someone you loved were injured at a business, government facility, or on someone else’s property, you could be entitled to compensation for injuries under Alabama’s premises liability laws.
At Belt, Bruner & Barnett Personal Injury Lawyers, our Birmingham premises liability lawyers have over 93 years of combined experience. We’ve recovered hundreds of millions in jury verdicts and settlements for our clients. Based on our successful results, we’re members of the Multi-Million Dollar Advocates Forum.
If you suffer injuries on someone’s property, we can help. Contact us today or call us at 205-206-5088 to set up a free initial consultation with an experienced premises liability attorney.
How Belt, Bruner & Barnett Personal Injury Lawyers Can Help if You’ve Sustained an Injury on Someone’s Property in Birmingham
If you were involved in an accident on another party’s property, don’t assume that it was your fault. Dangerous property conditions and hazards are often to blame. Property owners can be held liable for injuries and damages people sustain while on the premises.
Accidents can be overwhelming. At Belt, Bruner & Barnett Personal Injury Lawyers, our Birmingham personal injury lawyers will handle all aspects of your case so you can focus on your recovery. When you hire our top-rated premises liability lawyers in Birmingham, you can trust we will:
- Investigate the cause of your injuries to determine liability
- Identify all parties who could be liable for your damages
- Verify insurance coverage and file insurance claims
- Gather evidence proving your case, including working with leading expert witnesses as necessary
- Assess how much your premises liability claim is worth by carefully documenting and analyzing your damages
- Defend you against allegations of blame and contributory fault
- Negotiate a settlement to compensate you for your pain, suffering, and financial losses
- Take your case to a jury trial if that is the best way to protect your rights
Get in touch with our law offices today in Birmingham, AL, for a free case review.
When Are Property Owners Liable if Someone Is Injured on Their Property?
Premises liability is the responsibility of a property owner to maintain their property in a reasonably safe condition so as not to injure people coming onto the property. In some situations, premises liability may extend to individuals and parties in charge of the property, such as management companies, tenants, business owners, and contractors.
Actions that might be considered reasonable depending on the circumstances include:
- Putting rugs down to absorb water if it is raining outside
- Placing wet floor signs if something spills or the floor has just been cleaned
- Using warning signs to help people avoid hazards
- Providing appropriate security measures, such as locked gates, adequate lighting, and security guards
- Clearing debris and items from walkways and paths
- Repairing broken steps, handrails, and other issues that could cause an accident or harm to someone
However, being injured on someone’s property does not automatically make them liable for your injuries and damages. You must prove several legal elements to recover compensation for your injuries.
What Is a Property Owner’s Duty of Care in Alabama Premises Liability Cases?
The first element you must prove is the duty of care. The party must owe you a legal duty of care to be liable if you are injured. The duty of care varies depending on your status as an invitee, licensee, or trespasser.
Invitee
A property owner owes the highest duty of care to invitees. You are an invitee if you are on the property for a commercial purpose that benefits you and the property owner. You have been implicitly or explicitly invited onto the premises.
Invitees are generally customers or clients. Examples include customers in a grocery store, restaurant, entertainment facility, or gas station. A client would visit their attorney’s office, physician, or accountant.
Property owners must inspect their property consistently for hazards and dangerous conditions. They must take immediate action to warn invitees of dangers and correct the situation. The property owner could be liable for injuries if they failed to warn and/or correct a hazard they knew about or should have reasonably known about.
Licensees
A licensee has been explicitly or implicitly invited onto the property, but they are not there for a commercial purpose. A common example of a licensee is a social guest. Licensees also include people on public or private land with permission for recreational purposes. An example might be children playing at a public park.
Property owners have a lesser duty of care to licensees. They must correct and warn licenses about known issues, but they are not required to continuously monitor the property for these issues. Property owners are only responsible for issues they should have reasonably known about.
Trespassers
Property owners owe very little to trespassers. A trespasser is on someone’s property without the owner’s knowledge or permission. A property owner does not need to keep the premises safe for trespassers. However, if the property owner knows trespassers are common, they must place warnings of known dangers. Property owners cannot intentionally harm trespassers or set traps for them.
An exception is a child trespassing on someone’s property. The owner owes a higher duty of care for a trespasser who is a minor. Children are not held to the same standard as adults because they are not mature enough to have the same understanding adults have of dangerous conditions.
Property owners have a duty to maintain safe premises and take action to prevent children from being injured when there is an attractive nuisance on the premises. An attractive nuisance is something on the property or a dangerous condition that would attract a child, such as a swimming pool, large equipment, or abandoned appliances.
What Do I Need To Prove for a Premises Liability Claim in Birmingham, AL?
You must prove that the property owner owed you a legal duty of care. However, that is only the first legal hurdle in a premises liability case. You must prove that the property owner breached the duty of care through negligence or intentional misconduct. A breach of duty occurs when the property owner or responsible party fails to meet the level of care required by the situation.
For example, let’s say a business owner knew of a leaky faucet in the bathroom. However, they did not post a warning that the floor could be wet and slippery or fix the faucet. A customer then slips and falls in the bathroom. If the customer can prove that the fall occurred because of the leaky faucet, the owner may be liable for damages.
Breach of duty and causation can be challenging to prove in a premises liability case. Our Birmingham premises liability attorneys understand the requirements for proving liability. We’ll work quickly to gather and preserve evidence proving the owner is liable for your injuries.
What Damages Can I Receive for a Premises Liability Claim in Birmingham, AL?
Accidents and falls on someone’s property can cause severe injuries and life-threatening conditions. Broken bones, traumatic brain injury, spinal cord injury, paralysis, and electrocution are common injuries in premises liability cases. These injuries result in financial losses, in addition to the pain and suffering caused by physical and emotional injuries.
You can seek economic damages and non-economic damages for your losses. Examples of damages in premises liability cases include:
- Past and future medical bills
- Out-of-pocket expenses
- Loss of enjoyment of life
- Impairments and disabilities
- Emotional distress and mental anguish
- Past and future decreases in earning capacity, benefits, and lost wages
- Scarring and disfigurement
- Household services and personal care
- Physical pain
- Rehabilitative therapies
- Diminished quality of life
The value of your damages depends on your injuries and other factors. Our Birmingham premises liability lawyers work with you to document your damages to maximize the amount you receive for your injury claim.
We Handle All Types of Premises Liability Cases
Our Birmingham premises liability lawyers at Belt, Bruner & Barnett Personal Injury Lawyers have experience with all types of premises liability claims. We can help you with a premises liability case involving:
- Slip and fall accidents, including slips, trips, and falls because of slippery substances, uneven flooring, inadequate lighting, rotting stairs, loose/missing railings, debris, and more.
- Defective conditions, such as building code violations and broken objects
- Accidents on elevators and escalators
- Dog bites and animal attacks
- Playground accidents
- Stair, deck, and balcony injuries
- Bed bugs
- Swimming pool injuries and accidents
- Inadequate maintenance
- Amusement park and entertainment venue accidents
- Exposure to toxic and hazardous substances
- Assaults and other injuries caused by negligent security
- Fires caused by a property owner’s negligence or intentional acts
- Accidents at public parks, government buildings, and other public facilities
- Injuries at daycares and schools
If you are injured on someone’s property, report the injury to the owner and seek immediate medical treatment. If possible, take photographs of the property, including the hazardous condition that caused your injury. As soon as possible, contact our office for a free consultation with one of our Birmingham premises liability lawyers to discuss filing a claim for damages.
What Is the Deadline To File a Premises Liability Lawsuit in Alabama?
The Alabama statute of limitations for most personal injury cases is two years from the injury date. However, the circumstances of your case and exceptions to the statute of limitations could change the date.
Contact Belt, Bruner & Barnett Personal Injury Lawyers as soon as possible to protect your right to sue for a premises liability claim. If you do not file your claim before time runs out, you could lose the right to seek compensation for the injuries you sustained on someone else’s property.
Schedule a Free Consultation With Our Birmingham Premises Liability Attorneys
Premises liability claims can be complex. Proving fault can be challenging. Get help pursuing the money you need after a fall or other injury. Contact our experienced Birmingham premises liability attorneys for a free consultation.