You typically assume the places you shop, eat, and visit are safe from hazards. However, many property owners fail to maintain their premises, endangering visitors. You can be harmed on someone else’s property in many ways—from slipping and falling to a dog biting you. Following this type of injury, you have a right to seek compensation from the person who failed to keep you safe.
However, Alabama’s legal system is complex and challenging to navigate alone. When you are injured in a friend’s home, a grocery store, a parking lot, or a restaurant, contact an Opelika premises liability lawyer at Bence Law Firm, LLC to learn how we could help you through the legal process. A dedicated injury attorney at our firm could fight for your rights in court and secure a fair settlement.
Common Premises Liability Accidents
After you are injured, you must prove a property owner, landlord, or manager was negligent. This typically means the owner failed to correct a danger that should be corrected, and because of this failure, a guest or customer is hurt. Common premises liability situations include:
- Letting dangerous dogs run lose
- Slipping and falling because of a spilled grocery store item
- Falling down the stairs in an apartment building with unlit stairwells
- Lacking security guards or security cameras in a parking lot or an area known for muggings and robberies
When property owners’ actions fall below what the public would consider reasonable, they may be liable to pay monetary damages to those harmed by their behavior. A trusted Opelika premises liability attorney could discuss your property negligence claim in a private meeting.
Types of Invited Visitors in Hazardous Property Claims
Alabama recognizes two types of invited visitors: invitees and licensees. Invitees visit the property to conduct business that benefits owners, like retail shoppers and restaurant patrons. They are owed the highest duty and are expected to be protected from any dangers the owner knows or should know about. This means the owner must inspect the premises to ensure it is safe.
Licensees are social visitors, such as friends visiting friends. Owners must reasonably warn licensees about known hazards. This could be a simple verbal warning such as ‘Don’t step in the hole I dug’ or more elaborate, like surrounding the hole with fluorescent cones. An unsafe premises lawyer in Opelika could determine the type of visitor you are to demand accurate compensation for a property owner’s negligence.
Trespasser Injury and Attractive Nuisances
Trespassers appear on someone else’s property uninvited and often undetected. The only duty owners have to adult trespassers is not to shoot or harm them on purpose. If trespassers damage property, the owner can file a lawsuit to recover the damages. In some cases, trespassers can be fined or arrested.
Under Alabama’s attractive nuisance doctrine, child trespassers are protected. An attractive nuisance is a legal term that signifies any object that entices children into entering a stranger’s land to explore it—but poses a threat of harm—such as a backyard swimming pool, playground equipment, or treehouse.
To win a child trespasser claim, the plaintiff must prove the property owner knew of danger or should have known that an object would attract children and pose a danger to them. Plaintiffs must also prove that it was likely children who entered the property to investigate would not fully grasp the extent of the danger. A skilled premises liability attorney in Opelika could fight for your child’s rights in court.
An Opelika Premises Liability Attorney Fights For You
Most property owners are aware they must use reasonable means to safeguard visitors from harm, especially if the visitors are invited to purchase goods and services. However, when you were injured on another’s property because the owner failed to maintain it safely, you may be owed compensation for your medical bills, lost wages, and the emotional toll the accident causes.
David Bence is available to assess your case. We could calculate your losses and aggressively fight for a fair damages award. Call our firm to speak with a Opelika premises liability lawyer today.