Property owners have a responsibility, or legal duty, to keep guests safe from injury while on their property. If someone is injured on a property, the owners could be held legally responsible for their injuries. However, the circumstances around the injury must meet specific criteria for owners to be held accountable.
In Alabama, four primary circumstances must occur to meet the criteria for premises liability cases:
- The site where the accident occurred must be in or contain an unsafe condition.
- The unsafe condition caused an injury or damage.
- The property owners knew of the unsafe condition or should have known.
- The property owners must have had a reasonable opportunity to repair the unsafe condition.
The following is some other information you need to know before seeking a claim or defending yourself against one.
Premise Liability Claims can include injuries and losses resulting from:
- Slips and falls
- Water/Amusement Park injuries
- Falling objects
- Inadequate security
- Insufficient lighting
- Uneven pavement
- Animal bites
- Construction site accidents
Evidence matters.
In order to properly investigate claims in a premises liability lawsuit, it is important to gather appropriate evidence. Types of evidence can include but are not limited to:
- Witness statements
- Video of the incident
- 911 calls
- Communications such as emails or text messages
- Inspections reports
However, the law can also deem an injured party liable for their injury.
A homeowner or business owner does have protections to claims brought against them if:
- a hazard or defect is “open and obvious.”
- an injured person’s actions caused the injury.
An example would be if someone slipped on juice another customer spilled seconds earlier. The law may not hold the store liable for the injury. But if the store had knowledge of the spill before the slip and did not remove the hazard, then the injured person may hold the owner responsible for compensation.
Never feel conflicted regarding your right to protect your interests. Whether you were injured on someone else’s property or if someone was injured on your property, always gather whatever information you can regarding the incident.
Your attorney will also dedicate resources to investigate additional available evidence. It could mean the difference between winning and losing your claim.
If you need an attorney because of a premises liability injury, speak with a legal expert that will work to get you the compensation you deserve. Please call an experienced attorney at the office of Timberlake & League. We can help.
