Birmingham Premises Liability Lawyer
If a person is injured while on property owned by another person or a company, they may be able to file a claim for damages. However, the rules about this are more complicated than they may at first appear.
Not only must an injury attorney evaluate the cases under a standard negligence framework, but also must consider why the plaintiff was on the property to begin with.
Birmingham premises liability lawyers work with clients who have been injured while on another’s property to answer these legal questions and to fight for the compensation that they deserve.
Alabama Premises Liability Laws
One of the more common examples of premises liability cases is a slip and fall. Consider an example where a grocery store does not clean up a spill in the aisle and the plaintiff slips and breaks their leg.
Alabama has created a more stringent standard for a plaintiff to prevail in this sort of case. Whereas many states require only that the plaintiff demonstrates the traditional elements of negligence, Alabama has created an additional hurdle.
Here, the plaintiff or their Birmingham premises liability lawyer must make a prima facie, or first impression, case that the foreign substance caused the fall and that the owner had notice, or should have had notice, that the substance was on the floor.
Continuing with the grocery store example, the plaintiff must show the court that the spill caused the fall and that the store knew, or should have known about it prior to the fall happening.
Out of Possession
Making things more difficult is the concept of the “out of possession” landlord. Consider another example. A man invited his mother over to his apartment, but on the way up the stairs she slipped on loose carpeting and sprained her ankle.
In many jurisdictions, the mother would have a claim for premises liability against the landlord simply because the landlord has a responsibility to keep the stairs in good condition.
However, Alabama courts have stated that the landlord is not liable for injuries unless the defect existed at the time of the letting, was known to them, and that they concealed it from the tenant.
This means that the mother must be able to prove that the loose carpeting was present when her son leased the apartment, that the landlord knew about it, and hid this fact from the son. This is a high hurdle for a Birmingham premises liability attorney to cross.
Statute of Limitations in a Premises Liability Case
One further aspect of premises liability law to consider is the statute of limitations. The statute of limitations can be viewed as a time limit for a plaintiff to come forward.
Alabama Code Title 6-2-38 states that a complaint alleging personal injury must be filed within two years of the accident. While this can seem like a long time, medical treatment and negotiations with insurance companies can often stretch for months or even years.
Talk to a Birmingham Premises Liability Attorney Today
If you have been injured while on the property of another person, attorneys are here to help. With the complicated rules concerning if a property owner is responsible for your injuries, insurance companies can take advantage of unrepresented plaintiffs.
With our premises liability lawyers’ knowledge of Alabama law, we can fight to get you the compensation you deserve. Many cases settle without ever needing to go to court.
However, if a complaint does need to be filed, our litigators will be with you every step of the way. Do not take any chances in fighting for your rights; contact our firm’s Birmingham premises liability attorneys today.
