Premises Liability Lawyer

Property owners in Foley have a legal obligation to ensure the safety of their premises, eliminating any hazards. Establishing liability in such instances can prove to be difficult. At Caldwell Wenzel & Asthana, PC, our Foley premises liability lawyers bring their extensive expertise to secure your rightful compensation.

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 troublesome. You will deal with insurance companies or third parties that might deny accountability and even attempt to shift blame onto you.

You may be eligible for compensation if you or a loved individual has sustained injuries on another person’s property. While slip, trip, and fall cases constitute the most common form of premises liability claims, their complexities extend beyond initial appearances. Our Foley premises liability lawyers will provide insight into the merits of your case and tenaciously advocate for the compensation you are entitled to.

Why Choose Caldwell Wenzel & Asthana, PC?

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 inadequate security claims. 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.

You need an experienced Caldwell Wenzel & Asthana, PC premises liability attorney, to handle your premises liability case. Contact Caldwell Wenzel & Asthana, PC at (251) 444-7000 to schedule a free phone, video meeting, or in-person consultation.

Common Types of Premises Liability Accidents

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 fall into the following categories:

• Loose roofing materials
• 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
• Damages 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.

The list above is not exhaustive. If you have sustained an injury on a property in a manner not covered above, contact our law firm for clarifications to any inquiries you may have.

The Responsibility of the Property Owner

According to the Alabama Uniform Residential Landlord Act, property owners are responsible for maintaining their premises to ensure visitors’ safety. Failure on the part of a property owner, and occasionally a property manager, to fulfill this obligation resulting in injury to an individual may lead to potential liability for damages.

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 exhibit reluctance in promptly providing fair settlements. In fact, in cases involving incidents within Alabama, they may probably exploit the state’s favorably inclined “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.

Multiple factors will ascertain whether a property owner bears responsibility for your losses. This evaluation includes considering the category of visitor you were, as not all individuals entering a property are owed the same degree of care.

Determining Liability in Premises Accident Cases

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 a Hurricane Sally claims 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, including lost income, medical bills, and pain and suffering. 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 and if this negligence directly leads to an invitee’s injury.

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, such as a friend or neighbor.

Property owners and occupiers must address and caution against 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

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, assess the strength of your case, 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 or managers are not responsible for all accidents on their premises. They are responsible only if the accident resulted from negligence or failure to maintain a reasonably safe environment.

What role does negligence play in premises liability cases?

Negligence is a key element in premises liability cases. It refers to the failure of the property owner or occupier to exercise reasonable care in maintaining their premises, which directly leads to the accident and subsequent injuries.

How long do I have to file a premises liability claim in Foley?

In Foley, the statute of limitations for personal injury claims, including premises liability, is generally two years from the date of the accident. It’s essential to consult with an attorney promptly to understand your specific time frame.

Contact a Foley Premises Liability Lawyer Today

By contacting Caldwell Wenzel & Asthana, PC, Foley premises liability lawyers today, you are taking the first step toward achieving the justice and compensation you deserve in the aftermath of a premises-related incident. A Foley premises liability lawyer has the specialized knowledge and experience necessary to navigate the complexities of these cases. Contact us at (251) 444-7000 for a free consultation.