Property owners are legally obligated to keep guests who visit their land safe from dangerous conditions. That said, when a landowner fails to take precautions to keep their guests safe, they could be liable for any subsequent injuries.
When you are injured on someone else’s property, you will likely suffer physical injuries, incur medical expenses, and experience the long-term effects of the incident. Fortunately, an experienced personal injury attorney could help you move forward with your life by pursuing a compensation claim. Contact a Huntsville premises liability lawyer to discuss your options for financial recovery.
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When Is a Landowner Liable for an Accident on Their Property?
When a landowner fails to maintain their premises and a guest suffers an injury, the landowner may be liable for compensating the guest. However, while Alabama law requires that property owners keep their land safe, injured victims cannot recover compensation when they are partially responsible for the incident.
Establishing liability for these incidents often depends on the type of guest the injured person was. For example, property owners only owe some visitors the same duty of care. Generally, there are three types of visitors: an invitee, a licensee, or a trespasser. The legal rules that apply to each type of visitor determine liability.
Invitees
Property owners owe the utmost duty of care to an invitee—or someone on the property as a business guest. The owner must carefully inspect the property for dangerous conditions, fix hazards, and warn of risks they knew or should have known about. When you shop at a store, eat at a restaurant, or visit an office as a customer, you are usually an invitee and owed the utmost duty of care.
Licensees
On the other hand, a licensee enters the land as a social guest or on public land. The property owner must correct and warn a licensee about potential dangers. A licensee is distinguishable from an invitee because licensees can only hold property owners responsible for risks they know of.
Trespassers
Lastly, landowners owe the lowest legal obligation to trespassers on their land. A trespasser includes anyone who goes onto someone’s land without permission. Landowners only have to keep their property safe if trespassers are typical or expected. For example, if the trespasser is a child, the landowner may still be liable in some situations under specific rules that apply to an attractive nuisance.
With the help of a knowledgeable attorney in Huntsville, an injured victim could establish what type of duty a landowner owed them and hold the negligent party liable for their losses. It’s essential you talk to an attorney who understands these rules. The rules related to premises liability cases are complex and these cases can be very difficult to win.
Examples of Premises Liability Cases
Common premises liability claims include the following:
- Swimming pool accidents
- Dog or animal bites
- Property maintenance issues
- Building collapses
- Defective decks, steps, or handrails
- Construction accidents
- Slip and fall accidents, usually in a retail store
- Trip and fall accidents
- Accidents due to building code violations
Premises liability cases can be challenging to litigate—especially when liability issues often arise. In some cases, there are multiple responsible parties. For example, when a building collapses, injured victims may be eligible for compensation from the property owner and the engineer or architect for their failure to maintain a building with a sound structure. Therefore, enlisting the help of a dedicated Huntsville attorney after a property accident is crucial.
Jeff is incredibly thorough, hardworking and honest. Patricia was so helpful throughout the process answering questions promptly and making me feel at ease. I highly recommend the Blackwell Law Firm!
Response from the owner:Thank you for the great recommendation, Rob! We truly value your support and are thrilled that you had a smooth process with us.
I highly recommend Blackwell Law Firm. Jeff and his staff are friendly and very professional. My mom and I are very grateful for everything.
Thank you!! 🙂
Response from the owner:We are so happy we could help your mother after her injury. We are grateful for the opportunity to work with you and your mother's doctors to build the best case for her. We are here if you ever need anything! Thank you so much!
The case took years as most cases do, but Patricia was always trying to give updates. And if I had any questions she would always find out the answers, and go into great detail to explain each process and steps that were being taken. Jeff and his team will work their hearts out for you. I highly recommend them for your work comp suits.
Response from the owner:Thank you for the review! When you suffer a serious injury or disability at work, you deserve full work comp benefits. We know how unfair the system can be. That's why we work as hard as possible to recover the maximum benefits available. We want to win everything we can for our clients. We also want you to have the answers you need during each step of the process. I'm so happy we could help!
Excellent service, Danielle and Patricia are awesome. They get back to you fast and answer all your questions. Friendly team. Jeff cares about his clients. Would highly recommend..
Response from the owner:Kathy, thank you so much! We are so happy we could help with your case. We understand injuries and medical care are difficult issues. Our entire team is centered on providing answers, advice and advocacy to help and to obtain the best possible result for you. We focus exclusively on injury cases so we can provide the best possible help. Yes, Patricia and Danielle are great!
If you're wondering whether you need a personal injury lawyer—or you're just unsure who you want in your corner—give Jeff and his team, Danielle and Patricia, a call. They don’t treat you like just another client; they treat you like family.
They respond promptly to questions, often even after hours. The guidance and peace of mind they provide are incredible and virtually unheard of these days.
Response from the owner:Thank you for such a thoughtful review! At Blackwell Law Firm in Huntsville, our goal is to provide every client with personal attention, real answers, and the peace of mind that comes from knowing we are working hard in your corner! Danielle, Patricia, and I, are all grateful for the trust your wife Dawn and you placed in us. We focus on one thing -- Working hard for families across northern Alabama in personal injury, car accident, and work injury cases. We are so glad we could help!
I can't say enough good things about the people here. From the very beginning from the first phone call with Jeff they have gone to bat for me in everyway. And to Patricia and Danielle, thank you for all you've done. From listening to me cry to putting up with me ranting. And I can't say enough about their empathy. I can never thank them enough.<3
Response from the owner:We are so happy we could help with your case. We loved working with you! We know how stressful things can be following a serious injury. Our whole team is dedicated to helping build the best possible injury case for you. That's all we do. If you ever need anything, you know we are here for you. Thank you so much, Dawn.
Response from the owner:Thank you so much. Danielle and Patricia worked hard to help with your case. If we can ever help with anything else, give us a call.
Best lawyer I can ever work with
Blackwell law firm
Response from the owner:We are so glad we could help. Thank you so much for the kind words! If you ever need anything, let us know.
Filing a Premises Liability Lawsuit
When a property owner’s negligence creates a dangerous situation on public or private property and someone suffers injuries, the landowner may be liable for the victim’s harm. In these cases, the victim can pursue a premises liability claim for the cost of past and future medical care, lost income, disabilities, and any other injury-related costs. Additionally, the plaintiff can seek noneconomic damages, which account for losses that are less easy to measure, like pain and suffering or other emotional trauma.
Under Alabama law, anyone seeking compensation for injuries caused by someone else’s negligence generally has only two years from the date of their injury to file a claim. It is also important to remember that contributory negligence laws in Alabama can prevent plaintiffs from recovering financial damages if they are responsible for their own injuries. In premises liability cases, contributory negligence often becomes an important issue. Landowners often allege the defect was open and obvious. It is essential you speak with someone who understands all these legal principles before you give any statements or take any steps with your claim. Fortunately, a diligent lawyer in Huntsville could ensure filing deadlines are met and fight to prove the property owner is responsible for the victim’s injuries.
Hire a Premises Liability Attorney in Huntsville Today
You could be entitled to damages when you or someone you love suffers injuries because a property owner failed to keep their land safe. A Huntsville premises liability lawyer can explain potential limitations to your claim and help you file a lawsuit for damages. Contact our office to set up a free consultation today.
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