Birmingham Alabama Premises Liability Lawyer
If you have been injured on someone else’s property, you may be wondering what your next steps should be.
A Birmingham Alabama premises liability lawyer can protect your rights and help get you the compensation you deserve.
At our law firm, we have years of experience helping injured victims get the justice they deserve. We understand that this is a difficult time for you and your family, and we will do everything we can to make the process as easy as possible for you.
Our team of experienced liability lawyers will fight for you and make sure that the responsible party is held accountable.
We will work tirelessly to get you the compensation you need to cover your medical expenses, lost wages, and pain and suffering.
Contact us today to schedule a free consultation.
We will review your case and help you understand your legal options. Let us fight for you while you focus on healing.
Table of Contents
Who is Responsible for Your Accident?
Premises liability accidents can happen in a number of places.. Regardless of the location, Alabama law states that owners have a legal obligation to keep a property safe and take reasonable steps to avoid unsafe conditions.
The first step in any premises liability case is to identify who is responsible for your accident. In some cases, this will be obvious.
For example, if a person has a slip and fall accident on a wet floor (with no warning sign) at a retail store, it is clear that the store owner is responsible for the injuries. The injured party may have the right to file a claim.
In other premises liability cases, it may not be so clear who is at fault.
For example, if a person suffers severe injuries in a construction accident, there may be multiple parties who could be held liable. The property owner, the general contractor, or the company responsible for safety on the job site may be liable for the damages of the injured parties.
It is important to have an experienced lawyer on your side who can help you determine who is responsible for your accident.
Proving Property Owner Negligence in a Premises Liability Case
Once you have identified who is responsible for your accident, you will need to prove that they were liable for your injuries. In order to do so, you will need to show that the property owner or occupier breached their duty of care.
Property owners do not always take the appropriate precautions to protect you from injury on their premises. Even in a simple slip and fall accident, a property owner has the duty to protect you.
There are numerous incidents caused by the following factors:
- Slippery flooring
- Uneven sidewalks
- Poorly lit areas
- Falling objects
- Staircase without railing and handrail
- Access to construction areas
- Dog bites
- Exposed electrical wiring
If you have been injured as a result of any of the above factors, you may be able to file a premises liability claim.
In order to win your case, you will need to prove that the property owner or occupier knew about the dangerous condition and did not take steps to fix it and keep the premises safe. You will also need to show that you were injured as a result of this hazard.
When property owners violate their duty of care, they can be held liable for the injuries that occur as a result.
What was Your Visitor Status when you were Injured on the Property Owners Premise?
In order to establish whether you have a viable premises liability claim, you must first show that the landowner owed you a duty of reasonable care to protect you from injury.
The level of care that the landowner owes you depends on your visitor status when you were injured.
There are three (3) categories of visitor status:
An invitee is someone who is invited or has implied permission onto the property for the benefit of the landowner, such as a customer at a store, patient at a doctor’s office, or social guests at a home.
The landowner owes invitees the highest duty of care to protect them from injury.
The landowner must take steps to ensure that the property is safe for invitees and to warn them of any dangers on the property.
A licensee is someone who is on the property for their own benefits, such as a social guest or a contractor.
The landowner owes licensees a duty to warn them of any known hazards on the property and protect them from injury.
If the landowner knows of a hazard on the property and does not warn the licensee, they can be held liable for any injury that occurs as a result.
A trespasser is someone who enters the property without the landowner’s permission.
The landowner and occupier owe the least duty of care to a trespasser. Landowners are not held liable if intruders enter their property.
The only duty they have to a trespasser is not to engage in deliberate or reckless behavior that causes harm, and if you have actual knowledge they are in danger.
If the property owner has reasonable anticipation that kids will trespass onto their land, they should post warnings of hazardous conditions and take reasonable measures to keep the children safe.
For example, if there is a pool on the property, the owner should put up a fence to keep children from entering the area.
If the owner does not take these precautions, they can be held liable if a child is injured while trespassing.
What Can Your Liability Lawyers Recover in a Premises Liability Suit?
If you are successful in proving that the property owner or occupier is liable for your injuries, you may be able to recover damages. The types of damages you can recover will depend on the severity of your injuries.
Depending on your circumstances, you may be able to receive compensation for the following:
- Medical costs and medical attention
- Loss of quality of life
- Physical pain
- Mental anguish and emotional distress
- Lost income
- Punitive damages
- Loss of use of property
- Wrongful death
The damages you are entitled to will depend on the extent of your injuries and the state in which you file your suit.
To learn more about the types of damages you may be able to recover, you should contact our Birmingham premises liability attorneys.
They will be able to evaluate your case and guide you through the best course of action.
How a Birmingham Premises Liability Lawyer Can Help with Your Case
If you have been injured on someone else’s property, you should contact a lawyer to discuss your legal options.
The Premises Liability Team at Bodewell Law will be able to review the facts of your case and determine whether you have a valid claim.
If you do have a claim, they will be able to help you recover money for the damages you are entitled to.
Premises liability lawyers will also be able to negotiate with the insurance company on your behalf to ensure that you receive a fair settlement and your legal rights are protected.
Bodewell Law Premises Liability Lawyers have extensive experience handling complex cases in Birmingham AL and surrounding areas including Jefferson County, Shelby County, Montgomery County, and Tuscaloosa County, among many others.
We are here to help you get the compensation you deserve. Contact us today for a free consultation. We will review your case and answer any questions you have.
We look forward to helping you get the justice you deserve.