When someone is injured on another person’s property in Alabama, they may have grounds for a premises liability claim. Alabama law mandates that property owners have a responsibility to ensure that their property is safe for visitors or guests. If they fail to take reasonable action to ensure this, they may be found liable for any injuries that occur. If you were injured due to someone else’s negligence, then you could be entitled to compensation for your damages.
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What is a Premises Liability Claim?
A premises liability claim arises when a person is injured on someone else’s property due to the property owner’s negligence. The owner of a property has a duty to make sure that their property is safe for visitors. When they fail to fulfill this responsibility, they may be held liable for any injuries sustained on their property.
Common examples of premises liability claims include:
- Slip and fall accidents
- Inadequate security that leads to a crime
- Dog bites or animal attacks
- Falling objects
- Toxic exposure
How to Prove a Premises Liability Claim
To successfully recover damages in a premises liability claim, you must prove that:
- The property owner owed you a duty of care
- The property owner breached their duty of care
- The breach of care caused your injury or damages
- You suffered specific damages as a result of the injury
Duty of Care
The first step in proving a premises liability claim is establishing that the property owner owed you a duty of care. In Alabama, property owners have a legal duty to make their property safe and reasonably free from hazards. The level of duty owed varies depending on the relationship between the property owner and the injured party. For example, owners of public businesses owe a higher level of duty to their customers than to trespassers.
Breach of Duty
The second step is proving that the property owner breached their duty of care. This means that they failed to take the necessary steps to maintain their property in a safe condition. For example, if a store owner fails to clean up a spill, and a customer slips and falls as a result, they may be found to have breached their duty of care.
Causation
The third step is proving that the breach of duty caused the injury or damages sustained by the injured party. For example, if a customer falls down a flight of stairs because the handrail was broken, it must be shown that the broken handrail was the direct cause of their injuries.
Damages
Finally, the injured party must demonstrate that they have suffered specific damages as a result of the injuries sustained on the property. These damages can include medical bills, lost wages, physical pain, and emotional distress.
What Damages Can You Recover in a Premises Liability Case?
If you can prove your premises liability claim, you may be entitled to a range of damages. These damages can include:
- Medical expenses, both past, and future
- Lost wages due to the injury
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
In Alabama, there is no limit on the damages that a plaintiff can recover in a personal injury case. However, the state does require that plaintiffs file their claim within a certain time frame.
Statute of Limitations for Premises Liability Claims in Alabama
In Alabama, the statute of limitations for premises liability claims is two years from the date of the injury. This means that you must file your claim within two years of the incident, or you may lose your right to recover damages.
Contact an Experienced Personal Injury Attorney in Alabama
If you have been injured on someone else’s property in Alabama, you may be entitled to compensation for your damages. However, proving a premises liability claim requires an understanding of the legal process and the individual facts of your case. An experienced personal injury attorney can help you navigate the complexities of the legal system and ensure that you receive the compensation you deserve. Contact a reputable personal injury attorney today to learn more about your legal options.