Foley Alabama Attorneys
(251) 444-7000

Pensacola, FL 850-888-7000

Whether you fell on a slippery surface, hit your head on the side of a pool, or got hurt at a park, sustaining an injury on someone else’s property can be alarming. You likely want to put the incident behind you quickly. However, ongoing injuries, emotional suffering, and financial hardships can make moving forward difficult. Fortunately, this is where our knowledgeable and compassionate Pensacola premises liability attorneys at Caldwell Wenzel & Asthana can help.

You don’t have to let confusion or worry keep you from taking the next step after sustaining an injury on someone’s property. Call (251) 444-7000 to request a free consultation, and let our team at Caldwell Wenzel & Asthana, PC explain your rights and help you fight for them.

What Kinds of Cases Fall Under Premises Liability Law?

In Alabama, premises liability is an umbrella term that refers to laws that govern injuries on someone else’s property due to negligence. Some accidents that fall under this category include:

  • Slip and fall accidents
  • Assault due to negligent security
  • Elevator and escalator accidents
  • Dog bites
  • Swimming pool injuries
  • Fires
  • Toxic chemical inhalation
  • Amusement park ride injuries
  • Snow accidents.

These types of hazardous conditions can lead to many injuries.

Common injuries from these incidents include:

  • Broken bones
  • Electric shock
  • Burns
  • Head and neck injuries
  • Spinal cord injuries
  • Disfigurement
  • Paralysis.

In the most unfortunate situations, such accidents can also cause fatalities.

Proving a Premises Liability Claim

A key to proving your premises liability claim is establishing negligence. The basic idea is that property owners have a duty of care. They must keep their property free of hazards and adequately forewarn visitors when they cannot do so. If they don’t hold up their end of the bargain and someone is hurt, this could be grounds for a premises liability case.

Foley, Alabama Lawyers

Just because you were hurt on someone else’s property, this doesn’t mean you have a clear-cut case. You must prove negligence and know how to get around property owners trying to abdicate their responsibilities.

Common Defenses for Premises Liability Cases

Contributory Negligence

A property owner may try to suggest that your own behavior was the cause of your injury. For example, a bar owner may argue that a patron should have known that it could be dangerous to wear high heels in an establishment where drinks may be spilled on the floor.

Unfortunately, Alabama premises liability laws allow for contributory negligence defenses, which means that a plaintiff cannot recover any damages if they contributed to their injury, even if the property owner is also found to be negligent.

Lack of Knowledge

It’s also possible that a property owner may not be held responsible for your injury if they did not know about the hazard. Some will try to use this argument to avoid liability, claiming there was no possible way they could have fixed their damaged property or warned you before you hurt yourself.

Trespassing

Laws governing a property owner’s duty of care refer primarily to those invited onto the property for social or business reasons. There is less of a duty of care owed to you if you weren’t asked or allowed to be on the property at the time of the injury. In some cases, a defendant may be able to claim that you were trespassing and, therefore, don’t deserve compensation.

Next Steps if You Have Been Hurt on Someone Else’s Property

Seek Medical Attention

Prioritize your health and document your injuries by getting checked out right away by a qualified physician.

Document the Scene

Take photos and make detailed notes about the site of your accident, including hazards and conditions that led to the fall.

Identify and Contact Witnesses

Get the names and contact information of those who were there, as their stories may establish or back up the facts.

Report the Incident

Tell the property manager or owner you have been injured, and call the authorities if criminal activity or serious injuries are involved.

Consult an Attorney

Learn about your rights and options and what the legal process may entail from our personal injury lawyers.

Why Choose Us?

Our Pensacola premises liability attorneys have recovered millions of dollars for injured clients for more than two decades. However, we haven’t just negotiated out-of-court settlements. We are also trial attorneys who have deep experience working in high-stakes litigation cases.

We don’t shy away from complexity in the courtroom, so much so that other firms often refer their litigation cases to us. Our varied skills and aggressive approach can help you obtain the best possible outcome for your case.

FAQ

Premises liability cases can be daunting to take on. These answers to common questions can help you decide on your next step.

What is a property owner’s responsibility in a premises liability case?

Property owners and managers are supposed to keep visitors safe by fixing hazards in a reasonable time frame and warning them of any potential dangers.

What if a homeowner doesn’t have liability insurance?

Homeowners without liability insurance can become personally liable for injuries occurring on their property, which means you may be able to bring a lawsuit to recover damages.

How long does it take to get paid from a premises liability lawsuit?

The time it takes to resolve a premises liability case can vary greatly depending on how intricate it is, whether you have a final health prognosis, and whether liability or damages are disputed. Consequently, getting paid can take a few months to several years.

What kinds of premises liability accidents can I sue for?

Depending on the circumstances of your case, you may be able to pursue compensation for various incidents, such as assault, slips and falls, dog bites, and head and spinal cord injuries.

In any premises liability case, it’s crucial to remember that you still have rights. Getting informed about what they are can be key to ensuring they are upheld.

Let Our Premises Liability Attorneys in Pensacola Fight for Your Rights

Our skilled premises liability lawyers thoroughly understand victims’ rights under the law and can help you do the same. We can also provide you with a thorough assessment of your damages and conduct a deep investigation of your case. You’ll walk away knowing whether you have a case, what it’s truly worth, and how to navigate claim disputes to prove your story and pursue the compensation you need and deserve.

Don’t fight your legal battle alone. Call (251) 444-7000 for a free consultation with a premises liability lawyer at Caldwell Wenzel & Asthana, PC so that you can learn your rights and determine your next steps.