Accidents can happen in a variety of ways. If you or someone you know has been injured in a slip and fall on another’s property or business, you may have a claim against the property owner. Since these premises liability cases can be complex, it is important to reach out to knowledgeable Foley premises liability lawyer Whit Thomas, who will fight for your rights and help you pursue the compensation that you deserve.Alabama Property Owners May Have a Duty to Protect You From Injury
Property owners are obligated to keep their premises in a safe condition to prevent foreseeable injuries to those who enter their land. However, the duty that a property owner owes a visitor depends on the type of visitor who enters the land. Under Alabama law, visitors fall into one of three categories: invitees, licensees, and trespassers.
An invitee is owed the highest duty of care. This is generally someone who enters a property for business or commercial purposes, such as a store customer or hotel guest. A landowner is required to use reasonable care to keep the premises in safe condition for the invitee. Additionally, a property owner is obligated to warn an invitee of dangers that are known or should be known to the owner.
A licensee is owed a higher duty than a trespasser but less than an invitee. This is usually a social guest who enters a property for leisure purposes, such as someone attending a barbecue or birthday party at a friend’s house. A landowner has a duty to not willfully or wantonly injure the licensee, and to avoid negligently injuring the licensee after discovering a hazard. The landowner also must not expose the licensee to dangers such as traps, pitfalls, obstructions, and any other conditions that are created through the landowner’s active negligence.
A trespasser is a person who enters someone else’s property without the landowner’s permission. A trespasser is owed the lowest duty of the three categories of visitors. A property owner must not willfully or wantonly injure a trespasser through “pitfalls” or “booby traps.”
Trespassing children may be owed a higher duty than trespassing adults. Under the doctrine of attractive nuisance, the duty may change if there is a dangerous condition on the owner’s land that one would expect to attract children, such as a swimming pool or play area. For the higher standard of care to apply, the owner must be aware of the existence and nature of the condition, the child must not appreciate the danger of the condition, and the child must not receive warning of the danger.Types of Premises Liability Cases
While each premises liability case differs, the following are some common examples:
- Slip and falls due to slippery or wet floors
- Trip and falls due to defective stairs, escalators, or elevators
- Falls due to uneven floor boards
- Falls due to obstructions or poor maintenance
- Poor lighting
A property owner may be held liable for a foreseeable third-party criminal act that happens because the owner breached the duty to keep the premises safe. For example, the owner of an apartment building in a crime-ridden neighborhood has an obligation to provide secure locks on each apartment unit. This type of case is known as a negligent security case.Consult an Alabama Premises Liability Lawyer for Comprehensive Assistance
Whit A. Thomas is a seasoned premises liability lawyer who is an effective negotiator as well as zealous trial lawyer. If you or someone you know has been injured on another person’s property, we can help. Our practice is committed to helping victims seek the compensation they deserve. We will assess the merits of your case after an initial consultation and come up with a legal plan designed specifically for you. We take pride in getting to know our clients. If you need the services of an experienced Alabama injury attorney, please call us today at (251) 943-9330 or contact us online for a free case evaluation.