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Beyond Slip and Fall: Other Premises Liability Claims

Beyond Slip and Fall Other Premises Liability Claims

At Cartee & Lloyd, our Tuscaloosa Slip & Fall Lawyers understand that premises liability claims extend far beyond typical slip and fall accidents. Many injured victims are unaware of their legal options after sustaining injuries on someone else's property. Wet floors are just the start of what can lead to injuries on unsafe properties.

Every day, we encounter individuals who have been harmed due to property owners neglecting their responsibility to maintain safe premises. As your advocates in Alabama, our personal injury lawyers fight to protect your rights when you're injured due to someone else's negligence.

Table Of Contents

Understanding Premises Liability Beyond Fall Accidents

Let's look at what premises liability really means and some types of cases you might not know about. Learning these basics of personal injury law will help you see if your situation might qualify for legal action.

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What is Premises Liability?

Premises liability is the legal principle that makes property owners liable for any injuries or accidents that occur on their premises. This legal responsibility comes from the property owner's responsibility to guarantee the safety of individuals who enter their premises.

When a property owner fails to keep their premises safe, and you get hurt, they may be held liable for your injuries. The rule is simple: property owners are responsible for ensuring the safety of those who enter their premises.

Types of Premises Liability Cases You Might Not Know About

While slip and fall accidents are common, many other situations qualify as premises liability cases. These include:

  • Escalator accidents at malls
  • Injuries from falling store merchandise
  • Swimming pool accidents
  • Amusement park accidents
  • Injuries from broken handrails

In Alabama, we also see cases involving parking lot potholes and injuries from poorly maintained equipment on public property.

Common Premises Liability Claims in Personal Injury Cases

Common Premises Liability Claims in Personal Injury Cases

Personal injury cases often involve premises liability. Here are three common types that the injured person should know about when seeking help after an accident on someone else's property.

Dog Bites and Animal Attacks on Private Property

In Alabama, dog owners can be automatically liable for bites that occur on their property. Approximately 4.5 million incidents of dog bites occur annually in the United States, of which close to 800,000 require medical attention. These attacks often cause serious injuries, including scarring and nerve damage. Property owners may need to pay for your medical bills and lost wages from an animal attack on their premises.

Injuries Caused by Hazardous Conditions on Premises

Hazardous conditions like crumbling stairs, loose carpeting, and exposed wiring present serious dangers. These unsafe conditions are common in older Alabama buildings where maintenance has been neglected.

Exposure to harmful elements such as mold or lead-based paint can lead to various health issues for individuals who come into contact with them. Property owners who know about these hazards yet fail to fix them face liability when injuries happen.

Inadequate Security Leading to Personal Injury

Landlords or property managers who neglect to implement adequate safety measures could be held legally accountable for criminal incidents that occur on their premises. Apartment buildings with broken locks and dark parking spaces are liable when injuries occur. Security guards may also be held liable for failing to prevent attacks. The key question is whether the property owner knew about security risks but didn't act to protect visitors.

The Duty of Care Owed to Visitors in Liability Cases

Under Alabama law, property owners owe different levels of care to different types of visitors:

  • Business visitors (store customers): Owners must regularly check for hazards and either fix dangerous conditions or warn about them. This is the highest duty of care.
  • Social guests: The duty is lower. Owners must warn about known dangers but don't need to inspect as thoroughly.
  • Trespassers: Even trespassers get some basic protection, especially children who might be drawn to features like swimming pools.

Your visitor status helps determine the strength of your premises liability claim and what the property owner owes you in terms of safety.

Proving Liability in Premises Liability Cases

Proving Liability in Premises Liability Cases

To successfully pursue a valid premises liability claim, four essential components must be demonstrated to support your claim.

  • Duty: The property owner had a legal duty to keep the property safe
  • Breach: The owner breached this duty through negligence
  • Causation: This negligence led directly to your injury
  • Damages: You suffered real damages (medical bills, lost wages, pain)

Evidence is crucial for your case. Here's what you should collect:

  • Photos of the hazardous condition
  • Names and contact information of witnesses
  • Medical records documenting your injuries
  • Incident reports filed with the property owner
  • Receipts for all injury-related expenses

We at Cartee & Lloyd help injured parties gather this evidence to build strong cases. Our experience means we know what proof links your injuries to the property owner's failure to maintain safe conditions.

Types of Hazards That Lead to Premises Liability Claims

Types of Hazards That Lead to Premises Liability Claims

Many hazards can cause accidents on someone else's property. Premises liability claims often arise when property owners fail to adequately address various hazards, many of which are commonly encountered and preventable.

Uneven Surfaces and Tripping Hazards

Cracked sidewalks, potholes, and uneven floors are common causes of fall injuries in Alabama. These hazards harm elderly visitors most, who may suffer broken hips from a minor fall. Property owners must fix these tripping hazards promptly, especially in high-traffic areas.

Poor Lighting and Its Role in Fall Accidents

Bad lighting increases the risk of accidents, especially for elderly visitors, as it obscures potential hazards. This problem is serious in stairwells, parking lots, and building entrances.

When owners skimp on lighting, they create perfect conditions for accidents. Under Alabama law, property owners are obligated to ensure adequate lighting as a key aspect of maintaining safe environments, particularly in commercial establishments like retail stores and dining venues.

Aggressive Pets and Dog Bites on Private Property

Property owners with aggressive dogs must take steps like proper fencing, posting warning signs, and controlling their pets when visitors come. Alabama follows a "one-bite rule" in some cases, making owners liable if they knew their pet was aggressive. After a dog bite, document your injuries, get medical care, and learn about your right to compensation.

Defenses Property Owners Use in Premises Liability Cases

Property owners often use certain defenses to avoid paying for injuries that happen on their property. Knowing these common arguments can help you prepare your case better.

Open and Obvious Danger Defense

Property owners often claim hazards were so obvious you should have noticed them. Yet this defense doesn't always work. If you were distracted by store displays, had to use a dangerous path as your only option, or if the danger wasn't as obvious as claimed, you might still have a strong case.

Assumption of Risk in Personal Injury Cases

When property owners argue that you knew about and accepted the risk, they're using an assumption of risk defense. Alabama's comparative negligence rules mean you can still recover damages even if you are partly at fault, though your payment may be reduced.

Lack of Knowledge About Hazardous Conditions

Property owners often claim they didn't know about dangerous conditions. You can counter this by showing that the hazard existed for a long time or that regular inspections would have revealed it. Maintenance records and witness statements can help prove that the owner should have known about and fixed the hazardous condition.

Contact Cartee & Lloyd for a Free Consultation

Contact Cartee & Lloyd for a Free Consultation

When you're hurt on someone else's property, we at Cartee & Lloyd stand ready to help. Our personal injury lawyers understand premises liability claims and have helped many Alabama victims get fair compensation.

Don't wait to get help. Call us today for a free initial consultation, where we'll review your case and explain your legal options. Let our Tuscaloosa slip and fall lawyers guide you through the legal process during this difficult time.

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With over 77 years of combined litigation experience, we know how to guide you through challenging times and fight for justice for you. Our team dedicates the time, energy, skill and resources to every client’s case.
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