When To File An Alabama Premises Liability Lawsuit
The law of premises liability, at common law, held that a business or property owner is liable for the injuries suffered by visitors to their premises under certain specific conditions. Alabama’s legislature has made slight modifications, but many things about the doctrine remain the same.
If you have been injured on another person’s premises, and you suspect negligence played a role, you may be able to hold them liable. The Birmingham personal injury attorneys from Goldasich, Vick & Fulk can help you receive the compensation you deserve.
Three Groups Of Visitors
At common law, the degree of liability incurred by a business owner depended on the status of that visitor. Alabama’s law follows this rule as well, and sorts visitors into three distinct groups: invitees, licensees, and trespassers. Each of these groups is owed a different duty of care from the landowner, though even trespassers are entitled to a baseline level of protection – state law explicitly states that a landowner owes a bare minimum level of care to a trespasser.
An invitee is a person who was invited by the landowner, most often (though not always) for financial benefit – a visiting family member may be an invitee, but so can a museum guest or a customer in a shop. A licensee is a person who is on the premises for their own reasons – for example, a child seeking to retrieve a ball that went over a fence would qualify. A trespasser is, as one might imagine, someone who is present without permission.
Avoid All Contributory Negligence
If you have been injured on someone else’s premises, and you believe that the landowner or business owner played a role in your injuries, you have the right to try and seek compensation. However, you must be able to establish that the landowner’s actions (or lack thereof) were the direct cause of your injuries, and sometimes this is difficult to do.
Keep in mind that Alabama’s courts observe the doctrine of contributory fault, meaning that if you are held partially responsible for your own injuries – if you are found even 1 percent liable – you cannot recover at all. This is unusual in this day and age, as most states follow the less severe rule of comparative fault (if someone is less than 50 percent liable, they can still recover) – but in Alabama, the harsher rule applies.
We Can Protect Your Rights
If you have been injured while away from home, you do have the right to hold the landowner responsible if you suspect negligence. A Birmingham premises liability attorney from Goldasich, Vick & Fulk can help to advise you on this type of case, as they can get quite complex. We are here to help – contact our office today to schedule a consultation.
