Mobile Attorneys Helping People Seek Damages in Premises Liability Claims
It is not uncommon for people to be hurt due to dangerous conditions they encounter on another party’s property. While some harmful incidents are unavoidable, most are caused by the property owner’s negligent failure to prevent or remove a hazard, and people who recklessly permit such conditions to exist should be held legally responsible for the harm they cause. If you suffered injuries due to an accident on another person’s property, you may be able to recover damages in a premises liability claim, and it is advisable to speak to an attorney about your rights. The seasoned Mobile premises liability attorneys at Tobias & Comer Law, LLC, are adept at navigating the complexities of claims against careless property owners, and if you hire us, we can assist you in pursuing the compensation you deserve.
Common Grounds for Premises Liability Claims
Premises liability claims can arise out of a range of scenarios, but some are more common than others. In Alabama, slip-and-fall incidents and trip-and-fall accidents cause a large number of injuries that lead to civil claims. Slip and fall incidents often result from factors such as liquids or debris on the floors of establishments like restaurants, bars, or grocery stores.
Additionally, environmental elements like snow and ice on walkways and parking lots can also contribute to such accidents. On the other hand, trip and fall incidents commonly occur due to uneven pavements, deteriorated stairs, or loose flooring materials. For example, many people renting vacation homes at Orange Beach, Gulf Shores, Dauphin Island, and Lake Martin suffer injuries due to unsafe conditions and unfamiliar environments.
Premises liability claims can also arise from incidents involving falling objects, such as where merchandise is not appropriately secured on shelves, or structural failures, such as the collapse of porches and decks due to inadequate maintenance.
Elements of a Premises Liability Claim
In Alabama, property owners can be held accountable for injuries caused by dangerous conditions present on their premises. The extent of the landowner’s liability hinges on factors such as the legal status of the injured party and the possessor’s awareness of the hazardous condition.
For instance, a property owner has a duty to warn an invitee of any dangerous condition the property owner either knows or should know of and of which the invitee is ignorant. The property owner also is obligated to maintain the property in a reasonably safe condition for the invitee’s use. Typically, invitees include customers visiting commercial establishments.
Conversely, in the context of a licensee, a person permitted to enter the property but not for business purposes, the possessor only has a duty not to willfully or wantonly injure them or negligently cause any additional injury after discovering they are in danger. A landowner also has a duty not to expose a licensee to any new, hidden dangers. An individual merely passing by a business without any intention of entering may qualify as a licensee.
Similarly, a possessor has a duty not to intentionally or wantonly injure a trespasser and must warn them of known dangers once they learn of the trespassers’ presence on their property. They also must refrain from negligently injuring a trespasser in peril. It’s worth noting, however, that possessors can still face liability for intentionally causing harm or setting traps for trespassers.
In cases in which a landowner’s affirmative conduct causes an injury, however, the foregoing standards do not apply. Instead, the reasonable and ordinary care standard applies to their duties.
To recover damages in a premises liability lawsuit, the injured party generally must demonstrate their status on the property and explain the duty the property owner owed them because of that status. They must then prove that the property owner breached the duty owed and that the breach proximately caused them to suffer actual harm.
Speak with an Experienced Mobile Premises Liability Attorney
Accidents caused by dangerous premises can result in severe injuries, and victims of such incidents have the right to seek compensation for the harm they endured. If you were injured in an accident on another party’s property, it is wise to speak to an attorney to protect your interests. At Tobias & Comer Law, LLC, our experienced Mobile premises liability attorneys take pride in helping people hurt by the negligence of others in the pursuit of justice, and if we represent you, we will advocate zealously on your behalf. We have an office in Mobile, and we regularly represent parties in premises liability lawsuits in Mobile and throughout Alabama. You can contact us through our form online or at (251) 432-5001 to set up a meeting.