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Phenix City Premises Liability Lawyer

Alabama premises liability is governed by common law. This means that instead of a body of statutes controlling this area of the law, a Phenix City attorney and the courts will look to judicial or case law when analyzing a claim. Premises liability law can apply to accidents which occur in a variety of places, including private homes, construction sites, restaurants, and apartment buildings—any area where a landowner has a duty to keep the area safe.

If you have suffered an injury on a private party, speak with an experienced attorney today. A Phenix City premises liability lawyer may be able to provide you with the legal counsel you deserve.

Premises Liability Accidents

Premises liability accidents can occur due to:

  • Slippery or hazardous conditions
  • Unsafe common areas of an apartment complex
  • Poorly lit areas
  • Elevator or escalator accidents
  • Children on the property
  • Unmarked dangerous areas, (i.e. holes in floors or live electrical wires)

These types of hazardous or dangerous conditions on a property can lead to serious injuries such as broken or fractured bones, concussions, sprains and bruises, and—in particularly severe cases—even death. By retaining a Phenix City premises liability lawyer, you could benefit from their years of expertise in handling negotiations with the defendant’s counsel and insurance companies.

Duty of Care and Visitor’s Classification

When someone is on someone else’s property, their classification under premises liability law determines the landowner’s duty of care owed to them. Under Alabama common law, there are three levels of protection a visitor may be afforded while on the premises of another person.

An invitee is a person on the premises with the landowner’s consent or as his social guests, such as a houseguest or a customer in a retail store. Here, there is a duty of the landowner to keep the premises in a reasonably safe condition.

A licensee is a person who is invited to the premises by the landowner and usually receives a material benefit, such as a contractor or a landscaper. Here, the landowner owes a duty to not willfully, wantonly, or negligently injure their visitor. For both invitees and licensees, the landowner must warn of hidden defects and dangers that exist on the premises.

A trespasser is a person who enters the premises without an invitation from the landowner. Alabama law states that a trespasser is not owed a duty of care. However, the landowner cannot intentionally set traps or create dangerous conditions to harm trespassers. Speak with a Phenix City premises liability Lawyer to learn more.

Proving Negligence in Phenix City Premises Liability Cases

Proving negligence of the landowner is an area of law where a premises liability attorney in Phenix City may have significant expertise. A successful claim of negligence on the basis of premises liability satisfies the following elements of legal negligence by a preponderance of evidence:

  • The landowner owed their visitor a duty of care
  • The duty of care was breached
  • The breach of care directly caused an accident
  • The accident caused damages to the visitor

Additional Elements of Negligence Cases

Code of Alabama §6-11-1 provides that damages for personal injury can be assessed as past, future, or punitive in nature. Within these categories, a Phenix City premises liability lawyer may be able to facilitate recovery for the costs of medical bills, lost wages, lost earning capacity, and pain and suffering.

In addition, Code of Alabama §6-2-38 allows plaintiffs two years to commence a claim of personal injury for wrongful or negligent actions leading to injury.

Contact a Phenix City Premises Liability Attorney Today

A Phenix City premises liability lawyer is available to guide you through the process of filing your claim and help alleviate any worries you encounter while dealing with your injuries. Do not hesitate to call and get started on your case today.