Have you been seriously injured on someone else’s property and are not sure who is to blame? A premises liability case involves someone being injured on the property of another. A typical case is one in which someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property. If you’ve sustained injury, you should enlist help from a premises liability lawyer immediately.
Find out what everyone should know before talking to the insurance adjuster, hiring an attorney or signing any forms. Request a FREE copy of Mr. Petro’s book: The Truth About Personal Injury Claims In Alabama: Secrets The Insurance Companies Don’t Want You To Know.
What Is Premises Liability?
Under Alabama’s premises liability laws, owners must maintain their property and take reasonable steps to keep their visitors safe. When a property owner or manager fails to do this, they may become financially responsible for the injured visitor’s damages, including:
- Lost wages and income
- Medical bills
- Property damage
- Pain and suffering
However, property owners don’t have to protect everyone to the same extent. Before you file a claim, you’ll need to evaluate the duty of care that applies in your case.
Understanding Negligence and Duty of Care
Most Alabama premises liability claims focus on the property owner or manager’s negligence (rather than intentional acts). To be negligent, they must have owed you a duty of care but failed to meet it, causing your injuries and damages. Depending on the nature of your visit to the property, this duty of care will vary.
- Invitee: Invitees are owed the highest standard of care. You are an invitee if you were invited onto the property for a commercial purpose. Some of the most common invitees are business customers. Property owners must inspect their premises, identify hazards, fix them, and warn invitees of any potential dangers.
- Licensee: Most licensees are social guests at someone’s property. These individuals were invited to the premises, but not for a commercial purpose. The owner must fix known hazards and warn you of dangers, but does not have a duty to inspect their property.
- Trespasser: If you entered a property without an invitation (either explicit or implicit), you are a trespasser. Unfortunately, property owners owe trespassers a very low duty of care. Under some circumstances, they must warn you about known dangers.
- Child trespassers: Sometimes, children regularly cut through properties or are enticed by attractive nuisances like swimming pools. If property owners should have known of the risk of an injury to a child, they may be liable for damages — even if the child trespassed.
If you’re unsure which category of visitor you or your loved one falls into, contact an experienced Birmingham AL premises liability lawyer at Petro Law Firm today. We’ll help you understand your legal rights and what you should do next.
Types of Premises Liability Injuries Cases We Handle
At Petro Law Firm, we handle all varieties of Alabama premises liability claims, including:
- Slip and fall accidents
- Trip and fall accidents
- Negligent or inadequate security
- Attacks and sexual assault
- Drowning and swimming pool accidents
- Animal attacks
- Fires and explosions
- Exposure to chemicals or toxins
Every case is different and deserves a personalized evaluation from a premises liability lawyer. That’s why we offer free, no-risk initial consultations at Petro Law Firm. To get our fair and honest assessment of your claim and its value, contact our office today.
Common Causes of Alabama Premises Liability Injuries
To a have valid premises liability claim in Alabama, you must be able to prove that the property owner failed in his or her duty to maintain the property in a condition reasonably safe from hazards. You must show that the hazard existed, it caused your injuries, and the property owner knew or should have known of the hazard and failed to repair the hazard or warn you of its presence.
Examples of hazards may include:
- Wet and slippery floors
- Objects on floors
- Hidden dangers
- Insufficient security measures
- Defective flooring or carpeting
- Defective stairways, escalators, or elevators
- Missing railings
- Insufficient protections around swimming pools, hot tubs, or their dangerous drain systems
- Improperly stored chemicals
- Poor lighting in parking lots, near walkways, or in buildings
Your case and situation are unique, and they deserve a customized analysis. If you believe that your injuries were caused by a negligent property owner or manager, call a Birmingham AL premises liability lawyer at Petro Law Firm today. We can help you understand your claims’ strength and your legal options.
“I was referred by a friend to Petro Law Firm. I cannot say enough about Mark and the way he handled my case. He was always there when I had questions and I was very pleased with the settlement he got for me. If I ever have a need for a lawyer again I wouldn’t second guess consulting with him again.” Clint Hoskins.
What Must You Prove in a Slip and Fall Case?
One of the most common types of premises liability claims is a slip and fall. Many of these injuries happen at businesses, where an invitee falls due to wet or slippery floors, ice, uneven floors or terrain, poor lighting, or other hazards. While the term “slip and fall” may sound minor, they can cause serious injuries, including broken bones, traumatic brain injuries, and damage to knees, back, and shoulders.
Unlike some premises liability claims, slip and fall victims typically must prove that the business either actual or constructive knowledge of the hazard. When you work with Petro Law Firm, we take a hands-on approach to this analysis. We carefully investigate the evidence surrounding our client’s slip and falls, reviewing records, talking to witnesses, and analyzing other data. Our only goals are to hold at-fault business owners accountable and protect our client’s interests.
Many businesses aggressively fight slip and fall cases. They try to use Alabama’s contributory negligence law, which denies a victim compensation if they were even 1% at fault for their injuries, as a weapon. They also look for violations of Alabama’s two-year statute of limitations or filing deadline. If there are weaknesses in your claim or you make mistakes, the property owner and their insurance company will use them to reduce or deny your compensation.
To fight back, you need an aggressive slip and fall lawyer at your side. At Petro Law Firm, we understand insurance companies’ tactics and how to respond to them. If you or a loved one suffered serious injuries in a slip and fall, contact our office today. A Birmingham AL slip and fall lawyer who will listen to your story, and evaluate your claims. All initial consultations are free and confidential.
Contact a Birmingham Premises Liability Lawyer
If you are looking for an experienced premises liability attorney in Birmingham, AL area, call Mark at Petro Law Firm P.C.
Call us at 205-509-2803 for a Complimentary, 30 minute, Premises Liability Injury Claim Strategy Session. A $200 Value.
*30 DAY CLIENT SERVICE SATISFACTION GUARANTEE* AT ANYTIME DURING THE FIRST 30 DAYS OF OUR REPRESENTATION AGREEMENT YOU ARE NOT 100% COMPLETELY SATISFIED WITH THE WAY WE TREAT YOU AND THE WAY WE ARE HANDLING YOUR CASE YOU CAN ASK US TO RETURN YOUR FILE WITH NO FEES OWED, NO EXPENSES OWED, NO QUESTIONS.
Petro Law Firm is a respected Birmingham personal injury law firm that focuses on serious and complex injuries, including premises liability and slip and fall claims. We give our clients personalized care, practical advice, and demand accountability of wrongdoers. If you are looking for an experienced premises liability attorney in Birmingham, AL area, contact us today.