When Can I Hold An Alabama Property Owner Liable For Injuries?

In Alabama and in most other U.S. states, visiting premises that belong to another person or commercial entity comes varying amounts of risk. Sometimes, one is held to have assumed some risk by their mere presence on the property – for example, if someone goes to a race at Talladega, they accept a small amount of risk by their mere presence because accidents are likely to occur and can affect people in the crowd. However, there are many situations in which an injured person can hold a property owner liable for the harm they have suffered.

If you have been injured on another person’s (or entity’s) property, you can sometimes – but not always – seek damages from the owner if you believe they have been negligent. Our Birmingham personal injury attorneys at Goldasich, Vick & Fulk can help to answer any questions you may have about the feasibility of your case.

An Owner Is Not Always Liable For Injuries

Like many ordinary negligence cases, an injured plaintiff must be able to show four main points before they can establish that they have a claim against the defendant (or defendants). They are:

• The existence of a duty of care toward the visitor to the premises;
• The existence of some kind of safety hazard on the property. What exactly constitutes a hazard will vary from situation to situation, but anything that involves a higher risk of injury than a reasonable person would expect may qualify;
• A showing that the defendant/s knew or should have known about the hazard, and did not act to fix it. This can be difficult, though not impossible, to establish; and
• The existence of tangible injuries to the plaintiff – not necessarily physical, but physical injuries are more likely to be deemed compensable.

In Alabama, property owners (and business owners) have a legal duty to maintain their premises in a “reasonably” safe condition, both inside any buildings and outside. This means that if they fail in that duty and someone is injured, the injured person may file suit against them to try and recover money damages. However, premises liability cases can be more convoluted than those involving standard negligence.

Classification Of Visitors Matters

Unlike in some other U.S. states, Alabama follows a traditional system of visitor classification, which means that depending on the status of the visitor on the property, they may not have the right to seek damages even if they have been injured on the premises. An owner or operator does not owe the same duty of care to every visitor that comes onto their property under state law, and what may be compensable for one may not pass that threshold for another.

There are three main classifications for visitors: invitees, licensees, and trespassers. As one might imagine, a property owner does not owe any duty to a trespasser except to refrain from intentionally injuring them, and to warn them of dangers once their presence is known. However, for an invitee (that is, a person present to do business with the owner, such as a customer at a store), the duty is much higher – for example, a property owner must take care to warn of any dangers that are not open and obvious.

Been Injured? We Are Here To Help

If you have been injured while on someone else’s property or in someone else’s business, it may feel overwhelming to even think of trying to hold them accountable. A Birmingham premises liability attorney from Goldasich, Vick & Fulk can help answer your questions about the legal process, ensuring that you have more time and energy to focus on getting your life back on track. We are ready and willing to help – contact our office today at (205) 731-2566 to schedule a consultation.