Seek Legal Advice For Your Personal Injury
An injury accident that occurs on someone else’s property might result in significant injuries, expenses, and lost time at work. If you were not to blame for the accident, you should not be required to pay any associated expenses. In order to prove the property owner’s negligence, you may require legal representation from a premises liability attorney in Limestone AL for your lawsuit.
After a premises accident, hiring a premises liability lawyer is the greatest move you can make. You will need a professional on your side who can assist you in gathering evidence, building a solid case, and ensuring that you are not taken advantage of during the process. Consequently, you will want to make sure that you are working with an attorney who is suitable for your requirements.
Petro Accident and Injury Attorney is a personal injury law firm who have assisted clients in recovering damages caused in an accident on another party’s property by holding the negligent property owner accountable. Let’s examine the primary ways in which our premises liability attorney can aid your case. Contact us today for an initial consultation!
Why do I need a Premises Liability Lawyer in Alabama?
A lawyer is crucial in almost every personal injury lawsuit, but choosing one is particularly essential in cases involving premises liability. Complex instances involving premises liability might make it challenging to establish that a property owner or establishment was responsible for your accident. Many companies will also be prepared to defend against liability claims with their own legal team, and they won’t want to concede any negligence.
Here are the best ways our premises liability attorney at Petro Accident and Injury Attorney can assist you in winning your case.
- Investigating the accident
- Determining liability
- Calculating your damages
- Leveling the playing field
- Bringing in expert witnesses
- Negotiating your settlement
At Petro Accident and Injury Attorney, you can be at ease that your premises liability case will be thoroughly investigated by our legal team. If required, we will hire subject-matter specialists to ascertain the exact nature of your injuries and determine the responsible party. Our premises liability attorneys will aggressively pursue your best interest after culpability has been established.
Hold those parties who caused your premises liability injuries accountable for their actions. Allow our premises liability attorney in Limestone AL to fight for the just compensation you are due. Contact us immediately, and let’s discuss your situation.
What is Premises Liability?
Property owners are required by municipal, state, and federal regulations to maintain reasonably safe premises under specific conditions and to notify others of any harmful conditions. While these rules vary, the basic underlying principle is the same no matter where you live – property owners have an obligation to make their land and structures safe for permitted visitors and people with business there.
Premises liability cases arise when an injury happens on someone else’s property as a result of unsafe, harmful, or faulty conditions. Innocent people might suffer catastrophic personal injury or even death when property owners fail to make their properties safe.
The Petro Accident and Injury Attorney premises liability attorneys have extensive experience and knowledge in holding property owners accountable for their negligence or reckless behavior. We are available to discuss your claim and analyze your case. Call us today!
What are the Responsibilities of Property Owners in Alabama?
The state of Alabama compels property owners to maintain their properties so that visitors are fairly safe. When property owners or sometimes property managers fail to maintain the premises sufficiently and you are injured as a result, the owner or manager may be responsible for paying you. However, being injured on the property of another person, business, or government entity does not automatically render the property owner accountable.
Before obtaining an insurance payout or personal injury award in court, you must establish a number of elements. You may also be required to defend yourself against allegations of contributory negligence. If you are in any way culpable for your injuries, you cannot receive compensation under Alabama law.
Premises liability is a complex legal field. Whether a property owner or another party is liable for your injuries relies on a variety of variables, including the type of visitor you were. Property owners do not owe all visitors the same level of care, and they owe almost nothing to trespassers. If you were hurt on the property of another person, business, or municipality, you should immediately consult with an Alabama premises liability attorney to discuss your legal rights and alternatives.
Alabama’s Premises Liability Laws: Are All Visitors Covered Under Premises Liability?
Your status as a guest on someone else’s property will determine the level of duty of care that an owner of that property owes you. There are three basic categories of visitors:
You are an invitee if you are officially or implicitly invited onto the property for a mutually beneficial commercial venture. As an invitee, property owners owe you the utmost duty of care.
The owner must routinely examine the premises, address any hazards, and advise you of potential threats. The property owners may be liable for your injuries if they failed to uncover a danger that they should have discovered, failed to repair a known hazard, or failed to notify you of a hazard.
As a licensee, you enter the property of another person, business, or municipality in response to an explicit or implicit request, but not for commercial purposes. When you are a social guest at someone’s home, you are a licensee. You may also be a licensee if you enter the public or privately-permitted property for recreational purposes.
As a licensee, the property owner owes you a lesser duty than if you were an invitee. Owners must address or warn of known problems. As a licensee, who is merely a social visitor, you can only hold owners liable for dangers they were aware of.
Trespassing is the act of entering another property without permission. Very little is owed by property owners to trespassers. They are not responsible for keeping their premises secure from unauthorized visitors. However, if property owners are aware that trespassers are widespread, they must warn of known dangers. Additionally, owners are prohibited from setting traps for trespassers.
However, property owners have a separate and greater duty of care toward children who are trespassing under Alabama’s attractive nuisance doctrine. If a property owner knows or has reason to believe minors may enter their property, they are responsible for ensuring the safety of the premises.
What are the Criteria for a Premises Liability Claim in Alabama?
Property owners have a responsibility, or legal obligation, to protect visitors from harm while they are on their property. The owners of a property may be held legally liable for injuries that occur on their property. However, for owners to be found liable, the circumstances surrounding the harm must satisfy certain conditions.
In Alabama, premises liability cases must demonstrate the following four essential conditions:
- The location of the accident must be dangerous or have unsafe conditions.
- The dangerous condition resulted in harm or injury.
- The property owners either knew or should have known about the hazardous condition.
- The owners of the property must have had a reasonable opportunity to fix the hazardous state.
Our Alabama premises liability attorney at Petro Accident and Injury Attorney has fought for client rights for over three decades. We will vigorously represent your best interests and take satisfaction in tailoring our approach to your needs. Contact us right away so you can get the justice you deserve sooner rather than later.
What Does “Open & Obvious” Mean in Premises Liability Cases?
It is possible for a visitor to the property to pursue a premises liability claim, but there is no assurance that they would be successful in getting compensation for their losses. Many owners and their insurers will vigorously contest this kind of claim because they instinctively believe that the wounded visitor’s argument is baseless. The defense that the danger that resulted in the injury was “open and obvious” to a reasonable person is one of the most frequently utilized in a premises liability lawsuit.
How to Win the Open and Obvious Premise?
Alabama is one of only a few states that uses the “contributory negligence” legal principle; therefore, winning a premises liability claim is inherently challenging. If an injured party is determined to be even 1% at fault for the accident or incident that caused their injuries, they may not be eligible to receive compensation under the law of contributory negligence.
In the context of an open and obvious defense in a premises liability lawsuit, a defendant can assert that the plaintiff was distracted by her phone when she stumbled over the boxes despite the fact that the boxes would have been visible to a reasonable person. Even if the court disagrees with the open and clear claim, this could bar a plaintiff from collecting compensation if it can be demonstrated.
Although it is a challenge, it is not impossible to defeat this and other premises liability defenses. The fact that the hazard was not open and obvious is the strongest evidence against this defense. This can be demonstrated by a number of relevant facts and pieces of evidence, such as pictures of the hazard and eyewitness testimony.
In situations like these, it is imperative to retain an Alabama personal injury attorney as soon as possible so they can begin to work on obtaining and protecting crucial evidence. The sooner you get knowledgeable legal representation, the greater your prospects are of building a solid defense that will hold up in court and on appeal.
How Do You Prove Premises Liability?
Your Limestone premises liability attorney must establish premises liability before you can successfully sue a property owner in Alabama for your injury and obtain financial compensation. In any civil case, it is the injured party, or plaintiff, that has the burden of proof. It is the plaintiff’s burden to establish that the defendant was at fault for causing or failing to stop the alleged injury.
Proving a premises liability case requires establishing these four main elements:
- The party who owned or controlled the property at the time of the accident was the defendant. This fact proves that the defendant is the rightful party and that it is his or her responsibility under the law to maintain the property in reasonably good shape.
- The defendant was negligent because he or she did not exercise the correct level of caution as called for by the circumstances. Your standing as an invitee, licensee, or trespasser, as well as what is reasonable in the circumstances, will determine the defendant’s negligence.
- You were harmed as a direct or significant result of the defendant’s negligence. Your accident must have been brought about by the defendant’s negligence. The property owner won’t be held accountable if another factor contributed to the accident or injuries.
- Your injuries from the premises accident are compensable. Finally, you must demonstrate that the accident in question caused your suffering or injury. Evidence for this may include your injury photos, pay stubs, and medical bills.
How to Determine Premises Liability With Evidence?
It might be difficult to collect the evidence that is required to establish culpability in a case. If you are injured while on the property of another person, the following types of evidence may be used to establish negligence and create a claim on your behalf:
- Police/accident reports
- Medical bills
- Medical records
- Surveillance or traffic videos
- Expert testimony
- Eyewitness testimony
- Building maintenance records
- Lease and rental agreements
- Evidence of toxic substances
- Repairs or replacements records related to the property
What are the Different Types of Premises Liability Cases in Limestone, AL?
Common premises liability claims include, but are not limited to, the following situations:
- Slip and Falls
- Trip and Falls
- Workplace Injuries
- Retail Store or Business Liabilities
- Dog and Animal Bites
- Swimming Pool Accidents and Drownings
- Boating Accidents
- Amusement Park Accidents
- Electrocution and Electric Shock Injuries
- Carbon Monoxide Poisoning
- Chlorine Gas Poisoning
- Asbestos Exposure
- Negligent Security or Lack of Security Personnel
- Elevator and Escalator Injuries
- Construction Site Accidents
This might appear to be a lengthy list, but it is nowhere near complete. If you have been hurt on the property of another person, the most prudent thing for you to do is to consult with a Limestone premises liability attorney to find out whether or not you have a legal claim for your injuries.
What Injuries Result From Premises Liability Accidents?
There is always a chance that accidents will strike if property owners don’t take the obligation to make their properties safe and secure. The following are a few examples of premises liability injuries:
- Broken and fractured bones
- Sprains and strains
- Traumatic brain injury
- Spinal cord injury
- Neck injury
- Electric shocks
- Scarring & disfigurement
- Wrongful death
You shouldn’t have to endure silent suffering. We will serve as your voice during this trying and upsetting period. Call our premises liability attorney in Limestone right away to help you seek justice and recover compensation for your damages.
Who Can I Sue if I’m Injured on Someone Else’s Property in Limestone, AL?
According to Alabama law, you can hold the person, business, or entity in charge of controlling the property legally accountable if you are hurt on someone else’s property. Depending on the circumstances, a different party may serve as the defendant in your premises liability action. In most situations, the person or business who owns, leases, occupies, or has control over the property will be the party that is responsible.
In your Limestone, AL premises liability case, the defendant can be:
- Business owner
- Tenant or renter
- Property management company
- Other relevant parties
Petro Accident and Injury Attorney’s premises liability lawyers can discuss your specific case, determine liability in your claim and explain your legal rights and options. Contact us today if you want to know more about how we can assist you.
How Much is My Premises Liability Case Worth?
Regardless of the accident’s causation, if you were hurt while on someone else’s property, you should see a personal injury lawyer in Alabama to see if you have a case for damages. The value of your premises liability case depends on a number of variables that your premises liability lawyer may go through in detail when you meet.
You may be entitled to claim different types of damages that include:
- Medical Expenses. The cost of your previous and future medical care due to your injuries will be included in your damages.
- Lost Income. When you are hurt, you might miss work, and you need to be able to recover your lost pay as compensation.
- Pain and Suffering. Any catastrophic injury can have long-lasting physical and psychological ramifications.
- Loss of Consortium. Your spouse has the right to make a separate claim for loss of consortium if you are injured, as they may also suffer as a result of your injuries.
- Punitive Damages. Punitive damages are only attainable in specific circumstances and are meant to penalize the person who was at fault. In order to receive punitive damages in an Alabama personal injury case, the plaintiff must prove that the defendant engaged in malicious behavior, gross negligence, or “willful, wanton, or reckless disregard” for the safety of others.
How Long Do I Have to File a Premises Liability Claim in Alabama?
There is a statute of limitations on premises liability claims in the state of Alabama. The Code of Alabama § 6-2-38 establishes a two-year deadline for the filing of any civil lawsuit seeking damages arising out of any incident that occurs on someone else’s property. Accordingly, you have two years from the time of your injuries to launch a case.
You have six years to submit a claim if it involves property damage, such as damage to your bicycle or any property.
The time you have to make a claim may be extended or decreased depending on a few exceptions to the aforementioned statute of limitations. After an accident, it’s always a good idea to speak with an Alabama premises liability attorney as quickly as you can to protect your legal rights.
Call our Seasoned Limestone Premises Liability Attorney Now!
Property owners have a duty to keep their spaces fairly secure for authorized guests. Whether you are visiting an apartment complex and slip and fall on an icy piece of pavement or are the victim of a violent assault, the landlord or property owner may be liable for your damages in a civil lawsuit.
Our premises liability attorneys at Petro Accident and Injury Attorney have more than 30 years of experience defending injury victims throughout Alabama. We have developed a reputation for being the go-to person to handle claims quickly so you may get what you deserve as soon as possible.
Whatever the cause, hazardous situations can lead to accidents. Contact our premises liability attorney in Limestone AL if you or a loved one was hurt in an accident or if a loved one died. Know your legal rights!