What is Premises Liability?
A Premises Liability claim is based on the negligence of another causing you to suffer an injury while on their property. The most common form of premises liability is a slip and fall accident or a trip and fall accident case. It is not enough that you suffered an injury on the property of another, but instead their must be some level of negligence by the property owner in allowing the dangerous condition to cause your injury.
Your Alabama slip and fall accident attorney need to show that the property owner either ignored a hazardous condition or otherwise acted negligently. The basic structure of that is:
A duty of care existed.
There was a breach of that duty of care.
An accident occurred because of the breach.
Damages resulted directly and proximately from the accident.
What is the Duty of Care for a Home Owner or Business Owner?
In Alabama a Home Owner or Business Owner has a duty to keep their property in a safe condition. When owners fail to take reasonable care to ensure their premises is free from dangerous conditions or fail to warn of those known dangerous conditions they breach their duty of care to any invited visitors. There are different duties of care depending on the relationship between the property owner and the individual that is injured on the property. The Courts do not treat an invited guest (invitee) and a trespasser in the same way. I have created a post in my blog to answer frequently asked questions about slip and fall accidents.
The Most Common Defenses to Slip and Fall Accidents
In many cases the primary defense that the property owner will make is that they did not have notice of the dangerous or hazardous condition on their property, and therefore had no duty to warn of the same. In cases such as a slip and fall due to a foreign substance on the floor the Plaintiff will need to prove that the Owner either had actual knowledge of the substance or that it existed for such an extended period of time that the Owner should have known about the substance.
Free Consultation With An Experienced Slip and Fall Accident Attorney
If you have suffered an injury as a result of a slip and fall accident in Alabama, please reach out to discuss the facts of your case with an experienced Slip and Fall Attorney.