Mobile, AL Premises Liability Lawyers

Have you been injured while on someone else’s premises and find yourself facing mounting medical bills, lost wages, months of rehabilitation, and disability?  We understand your pain and believe that you shouldn’t bear all these burdens alone. That’s especially true if your injury was due to someone else’s negligence.

Fortunately, there’s good news—you may have a legal remedy and find relief in a premises liability claim or lawsuit. Alabama’s premises liability laws require a property owner or occupier to uphold a “duty of care.” This means that it’s their responsibility to keep the property safe and well-maintained.  As such, owners and occupiers can be held liable for damages if they fail in this duty and a visitor is injured or killed.

Why Choose the Mobile, AL, Premises Liability Lawyers at Caldwell Wenzel and Asthana?

Our Compassionate, Results-Driven, Aggressive Attorneys Are Capable of Handling Your Case’s Complexities

While the Mobile, AL, premises liability lawyers at Caldwell Wenzel & Asthana are aggressive negotiators and litigators, we’re also compassionate. We take every case personally and are invested in its outcome. Our proven case results show that we know how to win meaningful settlements and jury awards.  You can read our attorney bios and find out more about our team of bright and experienced lawyers.

That’s not all; we come highly recommended, and our client testimonials provide strong word-of-mouth referrals.  Our attorneys live and work in this Alabama community, and we care about what happens here.

How Do I Know Who’s at Fault for My Injuries?

How to Prove Negligence in Premises Liability Cases

The issue of fault hinges on the legal concept of “negligence.” Proving negligence requires that a plaintiff conclusively address the four elements below:

Duty of Care 

As mentioned above, every property owner, lessee, or occupier owes their guests a duty of care. Depending on the circumstances, this may include keeping their property in a safe condition and watching out for dangerous conditions. It may also involve removing, replacing, repairing, cordoning off, or posting warnings about any dangerous conditions that could cause injury.

Breach of Duty of Care 

You must show that the defendant breached their duty of care. This is typically the case when they do or fail to do something that a reasonably prudent person would have done in similar situations.  The reasonable person standard is central to negligence cases and other legal claims. It’s designed to determine whether a defendant used reasonable care in the degree of caution and concern they exhibited regarding the safety of others.

Causation

You must show that the negligence caused the accident or mishap that resulted in your injury.  Also, the defendant must have been able to reasonably foresee that their actions or inaction could cause you injury.

Damages

Damages as an element of negligence signify that the injuries suffered are compensable. Common damages in premises liability cases include lost wages, medical expenses, and pain and suffering.

Frequently Asked Questions

Your Questions about Mobile, AL, Premises Liability Cases Answered

At Caldwell Wenzel & Asthana PC, we believe that you must be supported in every aspect of your case. That’s why we’re happy to answer any questions you may have, including these common ones:

What’s the Statute of Limitations for Premises Liability Claims in Alabama?

The statute of limitations as codified in Code of Alabama section 6-2-38 is 2 years, and the clock starts counting from the accident date.  For victims below 18 years old, the time limit does not start running until the person turns 19.  If you miss this two-year window to file a lawsuit, then your claim will almost certainly be time-barred, and you will have no recourse.

What System of Fault Applies to Premises Liability Cases in Mobile, Alabama?

Alabama follows the “contributory negligence” rule for determining fault in premises liability cases. This means that a court can find that both parties shared some blame for causing an accident or injury.  In such cases, it can affect your payout in that you’ll no longer be eligible for compensation regardless of your degree of fault.

What Determines a Property Owner’s Standard of Care in Alabama?

In Alabama, the level of a property owner’s required standard of care depends on whether the victim is an invitee, licensee, or trespasser. For example, property owners owe the highest duty of care to invitees.  As such, premises owners are responsible for maintaining safety and security throughout the property. They also must provide adequate warning of potentially hazardous conditions.

What Types of Accidents Result in Premises Liability Claims?

Harm can befall a person on a property in several ways, with slips and falls being some of the most common incidents. Other types of premises liability cases include injury by mechanical/electrical equipment, physical violence, negligent security, and parking lot accidents. Regardless of the circumstances surrounding your injuries, our dedicated premises liability lawyers are always here to help.

Got more questions? We’re never short of answers. Reach out to us at (251) 444-7000 for clear answers now.

Contact Our Mobile, AL, Premises Liability Lawyers Today

We Can Help You Get the Compensation You Deserve

Let the skilled and experienced Mobile, AL, premises liability attorneys at Caldwell Wenzel & Asthana, PC, take on the insurance companies and fight for the compensation you deserve.  We have a record of success in these types of claims, and we know how to build a strong case.  With one free phone call, we can assess your claim, answer your questions, and explain your legal options.