Experienced Foley Premises Liability Lawyer

Property owners in Foley have a legal obligation to ensure the safety of their premises by eliminating any hazards, but establishing liability when an accident happens on the premises can prove to be difficult. Fortunately, our Foley premises liability lawyers bring their extensive expertise to secure your rightful compensation in such cases.

If you were injured on another person’s property, dealing with medical expenses, lost income, and other losses can be overwhelming. It’s disheartening to bear unforeseen financial burdens from a preventable hazardous situation that the property owner should have addressed.

However, obtaining the compensation you deserve can be daunting. You’ll deal with insurance companies or third parties that might deny accountability and even attempt to shift blame onto you.

Generally, you may be eligible for compensation if you or a loved one has sustained injuries on another person’s property. While slip, trip, and fall cases constitute the most common form of premises liability claims, they can be more complex than you might think.

Why Choose Caldwell Wenzel & Asthana, PC?

Our Decades of Experience, Personalized Approach, and Careful Evaluation of All Premises Liability Cases Sets Us Apart

Premises liability cases can present complex legal challenges. As a victim seeking compensation for injuries sustained on someone else’s property, the choice of legal representation is crucial to the outcome of your case. Here is why you should choose Caldwell Wenzel & Asthana, PC:

Expertise and Experience

Caldwell Wenzel & Asthana, PC, boasts a team of experienced attorneys adept in handling premises liability cases. Our collective experience includes various scenarios, from slip-and-fall accidents to claims of inadequate security. This depth of knowledge allows us to navigate the complexities of each case with precision, ensuring that every angle is considered and every legal avenue explored.

Trustworthiness

Trust is the cornerstone of any successful attorney-client relationship, and we take this principle to heart. Our reputation for trustworthiness is built on transparent communication, ethical conduct, and an unswerving dedication to client welfare. Clients can expect open and honest discussions about the merits of their case, the potential outcomes, and the most effective strategies to pursue.

Tailored Approach

No two premises liability cases are exactly alike. Each situation has its own unique set of circumstances, legal considerations, and potential challenges. We understand this, so we take a personalized approach to each case. We invest time in thoroughly understanding the specifics of the incident, assessing the extent of the injuries, and identifying liable parties.

Resourceful Investigation

Effective premises liability representation hinges on a comprehensive investigation. Our Foley premises liability lawyers are known for their meticulous investigative techniques. We collaborate with experts, gather evidence, review surveillance footage, interview witnesses, and consult relevant records to build a compelling case.

Common Types of Premises Liability Accidents

Understand the Different Types of Premises Liability Cases

Serious injuries can occur in any setting, yet the likelihood of experiencing severe injury or even fatality tends to increase in specific venues. Such establishments include bars, amusement parks, swimming pools, playgrounds, restaurants, and shopping centers.

Additional sites where injuries or fatalities might occur include schools, apartment complexes, office buildings, and nursing homes. Premises liability accident claims typically fall into the following categories:

• Construction site accidents
• Workplace accidents
• Negligent security claims
• Unmarked wet floors
• Slip and fall accidents
• Swimming pool accidents
• Apartment and condominium accidents
• Defective elevator and escalator accidents
• Retail store accidents
• Falling object accidents
• Dog bites and animal attacks
• Damaged sidewalks
• Failure to adhere to building codes
• Dead trees or branches
• Fires and explosions
• Chemical exposure
• Damaged or missing railings
• Icy pavement and sidewalks
• Open ditches and wells
• Poor lighting
• Loose roofing materials.

The Responsibility of the Property Owner

Property Owners Have a Duty to Ensure Safe Premises, Prevent Foreseeable Harm, and Compensate Victims for Negligence

According to the Alabama Uniform Residential Landlord Act, property owners are responsible for maintaining their premises to ensure visitors’ safety. There may be potential liability for damages if the property manager fails to do this and the visitor gets injured due to their negligence.

Nonetheless, sustaining an injury on another person’s property does not automatically entitle you to compensation. Numerous criteria must be substantiated before an insurance provider approves a claim or a court grants a settlement.

Insurance companies operate with profit motives and may be reluctant to promptly provide fair settlements. In fact, in cases involving incidents within Alabama, they may exploit the state’s “contributory negligence” legal standard. Under this principle, even a minimal 1% responsibility assigned to the injured party for the accident can result in denial of compensation.

Determining Liability in Premises Accident Cases

Know How Liability Is Established

If you sustain an injury on another person’s property, you may be entitled to compensation for the resulting damages. While not all property-related injuries are severe, certain instances can be serious, necessitating emergency treatment, hospitalization, rehabilitation, and potentially leading to lasting impairment. In such situations, consulting an experienced attorney can provide the necessary legal guidance to navigate the complexities of property injury claims effectively.

When a property owner or manager’s negligence is responsible for your losses, you can pursue a claim for damages. This includes lost income, medical bills, and pain and suffering. However, determining who’s responsible and establishing the validity of your case isn’t always a straightforward process.

Property owners and managers bear a legal responsibility, often called a “duty of care,” toward individuals entering their premises. The extent of this responsibility varies depending on the visitor’s status.

Under Alabama law, visitors to a property can be categorized into one of three groups:

Invitee

The highest duty of care is owed to invitees. This group includes visitors, guests, and customers who enter the property for the owner’s or occupier’s financial benefit.

Owners and property managers are legally obligated to maintain the property’s safety and provide reasonable warnings about potential hazards to invitees. Owners may also be held liable if they fail to notice a condition that could have been discovered.

Licensee

Property owners and managers also owe a duty of care to licensees, although it is somewhat reduced. Licensees are people who enter the property with an implied or express invitation but not for financial or business purposes. An example is a social visitor like a friend or neighbor.

Property owners and occupiers must address and be cautious about hazardous conditions for licensees. However, they are typically held responsible for dangers they already knew about.

Trespasser

The lowest duty of care, with exceptions, pertains to trespassers. Trespassers enter the property without permission or invitation. This group includes individuals like thieves or solicitors who enter closed and marked-off areas.

Property owners and managers are not obligated to ensure a trespasser’s safety, but they cannot intentionally cause harm to trespassers. If a property owner foresees the possibility of children entering their premises, they have a duty to prevent harm and post warnings regarding any hazards.

Foley Premises Liability Lawyer FAQs

Clarify Your Concerns through Answers to Commonly Asked Questions

If you’ve been injured on someone else’s property, you probably have questions about your rights and options. Here are answers to some of the most frequently asked questions:

Why Should I Hire an Attorney for My Premises Liability Case in Foley?

Hiring an attorney experienced in premises liability cases is advisable because they can help gather evidence and assess the strength of your case. They’ll also negotiate with insurance companies and navigate the complex legal process, increasing your chances of obtaining fair compensation.

Are Property Owners Responsible for All Accidents on Their Premises?

Property owners and managers are not liable for all accidents on their premises. They are only responsible if the accident resulted from their negligence or a failure to maintain a reasonably safe environment. This means they may be held accountable if a hazard exists due to their inaction—such as failing to fix broken stairs or ignoring a slippery floor. However, accidents caused by visitor behavior or unforeseen circumstances typically do not result in liability.

What Role Does Negligence Play in Premises Liability Cases?

Negligence is very important in premises liability cases. It means the property owner or manager did not take reasonable steps to keep their place safe. This could include ignoring dangers like broken stairs or slippery floors that can cause accidents. If someone can show that the owner was careless and their carelessness led to an injury, they may get compensation for what happened.

How Long Do I Have to File A Premises Liability Claim in Foley?

In Foley, you usually have two years to file a premises liability claim after an accident. This time starts from the day the accident happened. It’s very important to act quickly because waiting too long can mean losing your chance to get compensation for your injuries. Consulting with a lawyer right away can help you understand the exact deadlines and ensure you don’t miss out on your rights.

Contact a Foley Premises Liability Lawyer Today!

Enjoy  the Support and Guidance of Our Experienced Team Now

At Caldwell Wenzel & Asthana Law Firm, we can help you take the first step toward achieving the justice and compensation you deserve. Our premises liability lawyers have the specialized knowledge and experience necessary to navigate the complexities of your case.