In 2020, there were 55.4 million personal injuries in the United States. Although personal injuries occur for many reasons, some of them provide grounds for a premises liability lawsuit.
If you’ve been injured on someone else’s property, then you may want to file a lawsuit to get compensation. However, not every injury that occurs on someone else’s property is a good case for a premises liability lawsuit.
Be sure to look for these 5 signs if you’re wondering if you have a premises liability lawsuit in Birmingham, Alabama.
1. Your Accident Could Have Been Prevented
One of the clearest signs that you have a strong premises liability case on your hands is if your accident could have been prevented.
Property owners have a “duty of care” to make sure their property is reasonably safe. This means they should take proper measures to reduce dangers and hazards on their property. If they didn’t, then you may have a case.
2. No Trespassing Was Involved
Duty of care doesn’t typically apply to trespassers, so if you weren’t on the property legally then you may not be able to make a claim. However, there are some exceptions to this rule, such as when the person who trespasses is a child.
With the attractive nuisance doctrine, a property owner may be liable if they expect that a child may end up coming onto the property. This could be if they were drawn to it due to certain objects that are on the property, such as a swimming pool or trampoline.
3. You Experienced Losses
If you suffered losses when on another person’s property, then there’s a good chance that you can make a claim. This includes both economic and non-economic losses that could occur as a result of the injury.
You could have a case due to any medical expenses or lost wages that occurred as a result of the accident. You may also be able to make a case if you experienced pain and suffering or emotional distress from the event as well.
4. You Have Strong Proof
If you have strong proof of your accident, then it’s much more likely that you’ll be able to pursue a premises liability case.
Proof could include eyewitness testimony, video surveillance, or other types of direct evidence of the event. Photos or videos of the cause of your accident and the property owner’s neglect could also help as well.
5. You Reported Your Accident Immediately
If you reported the incident to the property owner immediately, then you’ll also have a better case for premises liability.
If you reported the accident immediately after it occurred, you’re more likely to have a good case and there’s a better chance that things will go well in court. If you don’t report it immediately, then the other party could accuse you of making up the accident or the negligence of the property owner.
Do You Have a Premises Liability Lawsuit?
If you think that you may have a premises liability lawsuit, you’ll want to look for the signs above. It’s also a good idea to speak with a lawyer to get a professional opinion about your case.
Ready to hire a premises liability lawyer in Birmingham, Alabama? Contact us today to learn more about what we can do for you.