Premises Liability Lawyer in Birmingham
Under Alabama law, property owners are responsible for keeping their property safe and secure for all visitors. Unfortunately, that isn’t always the case. As a result, accidents often happen in areas where unsuspecting victims may slip and fall. This leads to severe injuries, high medical debt, missed work, and pain & suffering.
Collins Law, LLC represents victims in personal injury cases involving premises liability. Our Birmingham personal injury lawyer holds property owners accountable for their negligence and the harm it causes others. We are available to meet with you to discuss your claim and the value of your case.
Don’t let a property owner get away with careless behavior. Call (205) 588-1411 today for a free case evaluation with a premises liability lawyer in Birmingham, Alabama.
What Is Premises Liability?
Premises liability refers to the responsibility that property owners and occupiers have to maintain their land in a reasonably safe condition for visitors. This responsibility applies to those in control of homes, businesses, and other properties that are open to visitors. If a visitor is injured due to unsafe property conditions, the property owner may be held liable for failing to address those unsafe conditions. Hazards that often lead to premises liability claims include wet floors, broken stairs, poor lighting, and falling objects.
Common Types of Premises Liability Claims
Premises liability claims can involve a wide range of incidents that might occur on residential, commercial, or public property. Incidents that can give rise to premises liability claims include:
- Slip-and-Fall Accidents – Wet floors, uneven pavement, and cluttered walkways can cause visitors to lose their balance and suffer severe fall injuries.
- Negligent Security Incidents – If an owner fails to provide adequate lighting, locks, or security on their property, visitors can suffer harm from assaults or other preventable criminal acts.
- Dog Bites and Animal Attacks – Owners are responsible for controlling their animals. If a dog or another domestic animal injures someone, the owner could face liability for the harm caused.
- Swimming Pool Accidents – Visitors are at risk of drowning and other pool-related injuries in pools that lack secure fences, appropriate safety equipment, or adequate supervision.
- Falling Object Incidents – Unsecured merchandise in stores, loose materials on construction sites, and poorly attached wall fixtures in homes can all fall and injure visitors.
Who is Responsible for Your Accident?
Property owners do not always take the necessary precautions to protect you from an accident while on their property. As a result, accidents often occur as a result of the following conditions:
- Slippery floor from a spilled drink.
- Unsafe staircase with no railing.
- Cracked or broken sidewalk.
- Access to construction areas.
- Lack of adequate lighting.
- Exposed electrical wiring.
- Property owners violate building codes or neglect their buildings and grounds, putting visitors at risk of injury. If this happened to you, you deserve compensation for all damages associated with your injury.
A Collins Law, LLC premises liability lawyer will investigate your injury to determine what happened and who is at fault. We will pursue compensation from the insurance company on your behalf.
What Can You Recover in a Premises Liability Suit?
In a premises liability case in Alabama, your injury lawyer will work with you to recover the following damages:
- Medical Expenses: You may incur various medical expenses such as emergency room visits, recovery room stays, pain medication, medical devices, rehabilitation, or follow-up doctor visits.
- Lost Pay or Benefits: You may be compensated for lost pay due to being out of work. If you are permanently disabled or disfigured, you may also be able to claim decreased earning capacity or full disability income.
- Pain and Suffering: If you have suffered intense pain for a long period, then you may be entitled to compensation for both physical and emotional distress. You may also be able to claim loss of consortium or decreased lifestyle.
- Wrongful Death: If you have a loved one who died as a result of a property owner’s negligence, it can devastate you and your family. You may be able to collect compensation for loss of income, burial expenses, medical expenses, or non-economic damages.
How a Premises Liability Lawyer in Birmingham Can Help with Your Case
At Collins Law, LLC, we recognize the importance of your case. As such, we advocate for your legal rights and work hard to get you the compensation you deserve. While you are in recovery, our premises liability attorney will work on your case.
We manage every aspect of your injury claim, including:
- Obtain evidence of the property owner’s fault and liability.
- Gather statements from eyewitnesses.
- Review the official accident report.
- View photos or video footage of the accident.
- Engage with all parties related to the case.
- Take your case to court if necessary.
- One of the most difficult parts of your case is dealing with the insurer. We work on your behalf to negotiate a fair settlement with the insurance company and get you fair compensation.
If the insurance company refuses to settle, then you may have the option of taking your case. A Collins Law, LLC premises liability attorney in Birmingham, AL, can represent you throughout the litigation.
How Premises Liability Law Works in Alabama
Alabama premises liability laws define the duties property owners and occupiers owe to people who visit their premises. These duties vary for different visitors depending on their legal status as invitees, licensees, or trespassers.
An invitee is someone who enters a property for a reason that benefits the property owner, such as a customer who goes into a store. Owners must use reasonable care to keep their premises safe for invitees and must also warn them about hidden dangers of which they are aware or should be aware.
A licensee is someone who enters a property with permission but is there for their own benefit, such as a social guest or a door-to-door salesperson. The duty that property owners owe to licensees is more limited: owners only need to avoid willful or wanton harm and act with care if licensees are in danger.
Trespassers are those who enter properties without permission, and they receive the least protection under the law. Alabama generally requires only that owners avoid intentionally harming trespassers on their property. However, children who trespass on Alabama properties are subject to an exception under the “attractive nuisance” rule. This rule says owners who know or should know that children might trespass on their properties must take reasonable care to eliminate or protect children from attractive nuisances on their land.
An attractive nuisance is a dangerous, man-made condition on a property, such as an abandoned swimming pool, that is likely to draw children onto the premises. Alabama law recognizes that children often lack the maturity to understand the risks associated with these hazards, so it requires property owners to take reasonable steps to secure or remove them.
What to Expect from Your Premises Liability Claim
At Collins Law, LLC, we take immediate action to build a strong case on your behalf. Our Birmingham injury attorneys will:
- Investigate your accident scene and property conditions
- Collect surveillance footage and accident reports
- Interview witnesses and gather expert testimonies
- Handle insurance negotiations to secure maximum compensation
- Take your case to trial if necessary
With our extensive experience in Alabama premises liability law, we know what it takes to win cases against negligent property owners.
Filing a Premises Liability Claim: Step-by-Step
Here is a breakdown of the typical steps you should take to file a premises liability claim in Alabama:
- Get Medical Care – Seek treatment right away so your doctor can treat your condition and create records that link your injuries to the accident.
- Gather Evidence – Take photos of the property hazard, collect witness contact information, and secure any incident reports from the property.
- Talk to an Attorney – Find a premises liability attorney near you who offers free consultations. They can help you with the following steps.
- Notify the Property Owner or Insurer – Start your claim by providing notice of the incident to the responsible party or their insurance company.
- Wait for the Investigation – The insurer will need time to review your claim, inspect the property, and examine the evidence.
- Engage in Settlement Talks – Your lawyer can negotiate and push for a fair settlement on your behalf so you don’t have to manage the back-and-forth on your own.
- File a Lawsuit if Necessary – If the other side won’t agree to a fair settlement, your attorney can take the matter to court and argue your case before a judge or jury.
Contact Collins Law, LLC: Your Premises Liability Attorney in Birmingham
If you need an injury lawyer in Birmingham, Alabama, Collins Law, LLC is here to help. We are ready to take on your case and help you reclaim the damages from your accident. To find out more about your legal options, call us at (205) 588-1411 for a free case review.