Property and business owners and managers must keep their respective properties safe, including inspecting the property and fixing anything that may pose a danger. The extent of that duty depends on different factors, such as the category of visitor the injured party fits into. Homeowners' duties may differ slightly from those of other property or business owners.
What matters in the end is this: if you have been injured due to a property or business owner's breach of duty, you may need to file a personal injury claim against them. Hobbs Law will pursue the compensation you deserve. Please feel free to reach out to us at 205-683-2892 to schedule a free consultation.
Types of Visitors in Premises Liability Cases
The extent of liability a property or business owner has depends on the type of visitor the injured party is. There are three types of visitors: trespassers, licensees, and visitors.
Trespassers
Suppose the injured person is found to be a trespasser. In that case, the only duty owed to him by the landowner is not to wantonly or intentionally injure him, and the duty is the same, regardless of whether the trespasser is an adult or a child.
Licensees
Licensees, like dinner guests or meter readers, are foreseeable visitors on the property with the owner's express or implied permission, but not for the owner's financial benefit. Homeowners and occupiers or renters must take reasonable care to protect licensees from any known hazards on the property. Still, there is no duty to inspect the property for hazards.
Invitees
Invitees, like customers in a store, are foreseeable visitors on the property with the owner's permission and for the owner's benefit. The highest level of responsibility is with invitees, where property owners or occupiers owe a higher duty to keep the premises safe, inspect for any dangers, and then, if a dangerous situation exists, take appropriate action to address it.
Types of Premises Liability Claims in Alabama
There are various ways for property hazards to cause an injury. Some of the most common include:
- Slip and fall accidents;
- Falling objects, like at the store;
- Hazardous or toxic chemical exposure;
- Defective stairs or railings;
- Poorly maintained balconies or decks;
- Poorly guarded or maintained swimming pools;
- Pool accidents or drowning;
- Escalator or elevator accidents;
- Inadequate security;
- Inadequate maintenance of premises; and
- Other defective conditions on the premises.
When the injuries sustained in these accidents prove to be fatal, it can lead to a wrongful death claim.
Personal Injuries and Premise Liability in Birmingham, Alabama
Premises liability claims are often founded on the negligence of a property owner or entity. Negligence is the failure of a property owner to provide a certain level of care that is reasonably expected or required of them by law. When a person is injured because of that negligence, the injured party can claim or sue for personal injuries.
Common personal injuries in premises liability cases include, but are not limited to:
- Broken bones;
- Electric shocks;
- Burns;
- Bruising, contusions, internal bleeding;
- Spinal cord injuries;
- Neck injuries;
- Head injuries;
- Paralysis;
- Scarring and disfigurement; and
- Death.
You may also suffer pain, suffering, and emotional distress caused by the accident and/or any of the above injuries.
Who Can Be Held Accountable in a Premises Liability Claim?
Premises liability claims are brought against the owner or occupier of a piece of property. As such, people or entities most likely to be held accountable are:
- Property owners;
- Property management;
- Business owners; or
- Renters or other occupiers.
Remember that your injury or wrongful death claim will be filed against the insurance policies for any parties that may have participated in any wrongdoing that caused your harm. Sometimes, you may also file a claim against the individual property owner or occupier.
Defenses Property Owners Use in Alabama Personal Injury Claims
Property owners, insurance companies, and the insurance adjuster will try to defend against the claim and deny any legal responsibility. The doctrines often used in defending against such claims are the assumption of the risk, contributory negligence, and the "open and obvious" doctrines.
Assumption of Risk
The assumption of risk doctrine suggests that you, as the victim/plaintiff, voluntarily assumed a risk of harm that may have arisen from the negligent or reckless conduct of the defendant. As such, you won't be able to recover for the harm. Under this theory, you knowingly enter a risky situation and cannot claim damages when/if an injury occurs. The defendant must show that you knew or were aware of the danger or risk but undertook it anyway.
Contributory Negligence
Contributory negligence is a doctrine where the plaintiff cannot collect damages if they are found to be contributorily negligent. Although only a handful of states still adhere to this doctrine, Alabama is one of those states. At Hobbs Law, LLC, we will address and counter any defenses the other party invokes.
Open and Obvious Condition
Defendants may use the "open and obvious" defense to deny the injured victim recovery. If the defendant can prove that the alleged hazard or condition was "open and obvious," the victim or plaintiff cannot recover compensation for the harm. For a condition to be "open and obvious," it must be determined that the victim observed or should have observed the condition in the exercise of reasonable care.
Why Hire a Premises Liability Lawyer in Birmingham, Alabama
Premises liability cases can be complex. You need a premises liability and personal injury lawyer for the following reasons:
- You will get the legal representation you may need.
- You will level the playing field between you and the property owner, who sometimes can have resources that severely outweigh your capabilities.
- An experienced personal injury lawyer may account for all potentially recoverable damages so that you get the compensation you deserve.
- If a fair and just settlement is not negotiated, you have a lawyer who may represent you during the trial of your case.
Contact a Premises Liability Lawyer in Alabama Today
Do not suffer in silence. Our personal injury lawyer in Alabama will be your voice during this difficult time. Contact Hobbs Law today at 205-683-2892 or complete our online form to schedule your free consultation.