Have you been hurt because of unsafe conditions on someone else’s property in Alabama? You might feel unsure about your next steps or about whether you even have a case. These are not questions you have to answer on your own. An Alabama premises liability lawyer can review the facts of your case, explain how the law applies to your situation, and give you a clear overview of your options. They’ll be able to stand up for your rights and demand a fair payout that maximizes your recovery.
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.
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.
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.
What You Must Prove in a Premises Liability Lawsuit
You must prove several important points to succeed in a premises liability lawsuit. First, you’ll need to show that the property owner or occupier owed you a duty of care. That duty depends on whether you were on the land as an invitee, licensee, or trespasser. Second, you must demonstrate that the owner failed to meet that duty by failing to address or warn you about a known hazard on their property. Third, you must connect the existence of the property hazard directly to your injury to show that it directly caused you harm. Finally, you must show that you suffered measurable losses as a result of the injury, such as medical expenses, income losses, or pain and suffering. An attorney can help you prove each element of your claim and work to maximize your compensation.
Premises Liability Settlements: What to Expect
Most premises liability cases are resolved through settlement negotiations rather than trials. During these negotiations, the insurance company often begins with a low offer. They might justify a low offer by arguing that you share some fault for your injuries. A lawyer can respond with evidence that supports your claim, such as medical records and proof of the property owner’s negligence. Settlement talks might involve several rounds of offers and counteroffers. However, if negotiations stall, a lawsuit might be necessary to move your case forward.
Examples of Premises Liability Cases
Settlement amounts in premises liability cases can vary widely because each case involves unique circumstances. For instance, a relatively minor slip-and-fall incident in a grocery store might result in a modest payout if the victim’s injuries heal quickly. In contrast, a serious fall down a broken staircase could result in a much larger payout if it leads to a permanent disability. An experienced premises liability attorney from Collins Law, LLC, can review your case to identify any factors that might affect your payout and develop a strategy for maximizing your compensation.
Mistakes to Avoid When Filing a Premises Liability Claim
The steps you take after an incident can make a big difference in how your premises liability claim develops. Avoid these common mistakes to protect your rights:
- Waiting Too Long to Act – Alabama law gives you only two years to file most premises liability claims. If you miss the deadline, it could end your case before it begins.
- Failing to Document Evidence – Photos of property hazards, witness names, and incident reports can all support your claim. Without fresh evidence, it’s much harder to prove what happened.
- Talking to Insurance Adjusters Alone – Adjusters work for the insurance companies, not you. If you provide statements without legal advice, it could hurt your claim.
- Skipping Medical Treatment – Ignoring injuries or delaying care can create gaps in your medical record, which insurers could use to argue that your injuries are unrelated to the incident.
FAQs About Premises Liability in Alabama
If you know or suspect you have a premises liability claim, you’ll likely want straightforward answers before you decide what to do next. The following FAQs address some common concerns you might have.
What is premises liability in Alabama?
In Alabama, premises liability refers to the responsibility that owners and occupiers have to maintain their properties in a reasonably safe condition for visitors. The level of responsibility depends on whether the visitor is an invitee, licensee, or trespasser. Invitees are owed the highest level of protection. Trespassers generally receive the least amount of protection, except for children, who are protected under the attractive nuisance rule. Licensees are somewhere in the middle. If a visitor suffers harm because a property owner fails to keep their property safe, that visitor might have grounds for a premises liability claim.
What types of accidents qualify as a premises liability claim?
Many types of property accidents can give rise to premises liability claims, such as:
- Electrical shock incidents caused by exposed wiring or faulty equipment
- Trip-and-falls at construction sites or retail stores due to clutter in walkways
- Accidents on stairways or decks caused by broken railings or uneven surfaces
- Elevator and escalator malfunction incidents inside commercial properties
- Parking lot accidents that occur due to large potholes or inadequate lighting
- Falls on stairs in apartment complexes due to poor maintenance or dim lighting
Who can I sue in a premises liability lawsuit?
The responsible party in a premises liability lawsuit is usually the person or entity that controlled the property at the time of the accident. This could be the property owner, a business leasing the space, or even a property management company. Liability depends on who had control over the area where the injury occurred and who had the responsibility to maintain its safety. In some cases, multiple parties might share responsibility. It’s necessary to identify the right defendant(s) in your premises liability claim so you can hold the correct party or parties accountable.
What is the average premises liability settlement in Alabama?
Settlement amounts vary greatly, so there is no true “average” for premises liability claims in Alabama. The value of your case will depend on factors like the severity of your injuries, the cost of your medical treatment, and how your injuries affect your ability to work or enjoy daily life. Minor injuries typically result in smaller payouts, while severe or permanent injuries can lead to much higher settlements. Insurance policy limits and the availability of evidence can also influence how much you could receive.
How long do I have to file a premises liability lawsuit in Alabama?
Alabama law gives you two years from the date of the accident to file a premises liability lawsuit. If you miss the deadline, the court will likely dismiss your lawsuit, no matter how strong your underlying claim might be. This is why it’s so important to act swiftly after a premises liability accident.
Do trespassers have premises liability rights?
Trespassers in Alabama receive very limited legal protection. Property owners must avoid intentionally harming trespassers or setting traps that could cause injury. If a property owner knows that a trespasser is in danger, they must use reasonable care to prevent harm. Children who trespass have stronger protections under the attractive nuisance rule. If an artificial condition on a property is likely to attract children and poses serious risks, the owner has a responsibility to secure or eliminate the hazard. Outside of these situations, trespassers rarely succeed in premises liability claims.
Do I need a lawyer to file a premises liability claim?
You can file a premises liability claim on your own, but legal representation is strongly recommended. A lawyer can identify the correct party or parties to hold accountable, gather the evidence you need, and negotiate with insurance companies for fair payouts. If settlement talks fail, your attorney can also prepare your case for court and represent you at trial. If you try to handle a claim without legal support, you could make preventable mistakes that reduce or eliminate your recovery.
Contact Our Alabama Premises Liability Attorney for Help
If you suffered an injury because of unsafe conditions on someone else’s property, now is the time to take action. A lawyer at Collins Law, LLC, can evaluate your case, explain your options, and guide you through the claims process from start to finish. Contact us today to get started with a free case review.
