Premises liability injuries are among the most common types of personal injury cases in Auburn. They involve people becoming injured while on someone else’s property. Alabama state law enforces a statute that determines the obligations of landowners to protect visitors who come onto their land. Depending upon the reason for a person being on the property, they may enjoy protection against almost any hazard or none at all.
If you suffered avoidable harm while on someone else’s land, contact an Auburn premises liability lawyer at Bence Law Firm, LLC. Our experienced injury attorney, David Bence, could help establish your right to protection under state law and prove that a landowner’s negligence caused your injuries.
What Is Premises Liability Under State Law?
Premises liability is a fancy way of saying that landowners have a legal responsibility to protect visitors who come onto their land. However, the extent of this responsibility will vary based upon a visitor’s permission to be on the land and their reasons for being there.
To collect compensation after an accident, the injured person must have had permission to be on the land. This can be by an express invitation or an open-door policy. For example, if a person accepts an invitation over to another person’s house to watch a football game, they are an invited guest. So too is a shopper in a grocery store because the store is open to anyone who wishes to come in and shop. These people are known as invitees under state law.
A property owner is responsible for keeping their land safe for visitors to a reasonable level. They must warn guests about known hazards and take steps to fix these problems before a guest arrives. However, anyone who is not expressly invited onto the land is offered far less protection. These people are considered trespassers under state law and property owner’s do not owe them any duty of care.
The Code of Alabama § 6-2-38 gives anyone who suffers an injury on another party’s property two years from the date of the incident to demand compensation. A knowledgeable Auburn premises liability attorney could explain your rights and protections under the state law in more detail during an initial meeting.
Common Types of Premises Liability Cases in Auburn
A premises liability case arises out of any injury that happens on another party’s land. The most common example is a slip and fall. If a person is shopping at their local grocery store when they slip on a spill in an aisle, the store owner may be liable if the injured person can prove that steps were not taken to clean or warn of the spill in a reasonable timeframe. Other examples of accidents that could warrant a premises liability claim in Auburn include:
- A failure to provide adequate security that allowed an assault to occur
- Failure to provide proper fire exits in an emergency
- Improper maintenance that leads to an injury
- Injuries resulting from improperly stored or shelved merchandise
No matter the type of hazard that led to an injury, the legal basis for the claim is the same. If one person is invited onto someone else’s land, the landowner has a duty to protect them from danger according to that visitor’s status under the law. A well-practiced lawyer in Auburn could pursue a premises liability claim that arises out of a variety of scenarios.
Speak with an Auburn Premises Liability Attorney Immediately
Premises liability claims are some of the most misunderstood personal injury claims. State law is fairly straightforward in that all landowners must protect invited visitors on their land. Still, questions often arise over what steps the landowner took to fix a problem and to what extent an injured person was responsible for their own injuries.
A dedicated Auburn premises liability lawyer like David Bence is ready to examine the case from every angle. At Bence Law Firm, LLC, we work with clients to investigate the incident, gather evidence, and file claims against insurance companies. The claims can demand payment for not just medical bills but also compensation for pain and suffering. Though, there is a limited time to file a claim, so do not wait to contact our firm.