Every property owner has a legal responsibility to maintain safe premises. A premises liability claim arises when someone gets hurt because the owner failed to satisfy this legal responsibility. If you are on someone’s property and sustain an injuy you may be entitled to collect monetary compensation. The compensation may cover your current or future medical expenses and any wages you lose while recovering. The Alabama attorneys at Farris, Riley & Pitt can help determine if you have a claim for damages against a property owner. We have experience with all types of premises liability cases, regardless of the nature of the property or the extent of your injuries.
Standards of Care and Status
It is not easy to determine whether or not a property owner is negligent. Consider this: f you are injured on someone else’s property while trespassing, is the property owner liable for injuries you sustain? This question helps to illustrate the complicated issues about the standards of care to which property owners must adhere. The standards partly depend on the nature of the relationship or the status between the victim and the property/property owner. There are different standards of care that apply to three or four general categories of victims. You will need to determine if you, the victim, sustained injuries while you were on the premises as an invitee, social guest, licensee, or trespasser. Property owners legally owe a standard of care to each, but the standard is not the same. For example,a property owner is expected to exercise greater care toward an invitee than someone who is on their property illegally.
Once you establish the status of the relationship between the property owner and victim, the applicable duty of care can be determined. A standard of care exists on all properties including grocery stores, schools, public buildings and sidewalks. Regardless of the location, proving that an owner violated the duty can be complicated and often hinges one or two very specific facts. Generally speaking, property owners must exercise reasonable care to keep their property safe from dangers. They also may have a duty to notify or warn people about a danger. The victim of an injury in a typical premises liability case may try to prove the following: the owner knew or should have known of the hazardous conditions that caused injury, and the owner failed to remedy or provide warnings about the situation. In other words, the victim must show that the owner failed to live up to his duty of care by taking an action or failing to take an action that caused your injuries.
Types of Premises Liability Cases
Slip and Fall or Trip and Fall
In Alabama, the most common type of premises liability case is slip and fall accidents. In these cases, someone falls and sustains an injury while on the property of someone else. A victim can fall on an icy sidewalk, trip on a ripped piece of carpet or slip on a puddle on the floor. In all slip and fall cases, the victim will have to show that the owner’s negligence caused their injury.
Premises liability claims involving inadequate security typically involve injuries that result because a property owner failed to maintain proper safety measures as required by their duty of care or other law. Usually, these claims arise from an injury caused by a person in an apartment building, a hotel or motel, a mall, parking lot, school, bank, parking garage or shopping center. An example of a claim based on inadequate security would be when a trespasser, who can get into the building because the security buzzer is broken, assaults and injures an apartment tenant.
Other Premises Liability Injuries
In addition to slip and fall cases and injuries caused by inadequate security, any other accident that occurs on someone’s property can become the basis for a premises liability claim. If you suffer a drowning or other pool injury, a hot water burn, or an electrical injury, and can prove negligence by the property owner caused your injury, you may be entitled to compensation.
Contact Alabama Attorneys
Proving negligence can be difficult and requires skill and expertise. The Alabama attorneys at Farris, Riley and Pitt have years of experience handling premises liability cases and can help get the compensation you are entitledto. Having the right attorneys advocating on your behalf can make all the difference when you are facing mounting medical expenses and recovering from injuries. Every state, including Alabama, has a statute of limitations which governs how much time you have to file your claim. Since every situation is different, we need to hear the facts of your case in order to determine how much time you have left. Contact Farris, Riley & Pitt today.