PREMISES LIABILITY ATTORNEYS IN GUNTERSVILLE, ALABAMA

Usually, when people enter someone else's property, they do not expect to leave with injuries. The aftermath of such an event can be overwhelming, with physical pain, emotional distress, and financial strain all taking a toll. Overall, there is fear and uncertainty that can come with these experiences. It's why we're committed to standing by your side and fighting for the compensation you deserve. 

At Guntersville Law, LLC, we've dedicated ourselves to serving clients throughout Guntersville, Alabama, and beyond. Our team of skilled attorneys has the resources and the tenacity to take on your premises liability case and work tirelessly toward a positive outcome. We believe in a personalized approach, working closely with you to understand your unique situation and tailor a legal strategy that best suits your needs. 

UNDERSTANDING PREMISES LIABILITY

Premises liability law holds property owners accountable for maintaining a safe environment for those who enter their premises. If an injury occurs due to a hazardous condition on the property, the owner may be held liable for damages. In Alabama, premises liability cases hinge on the legal status of the injured party at the time of the accident, which falls into three main categories: trespassers, licensees, and invitees. 

The duty of care owed by the property owner varies depending on the category. Despite these differences, all property owners have a fundamental obligation to maintain their premises in a reasonably safe condition and warn visitors of any known hazards. This duty extends to private residences, commercial establishments, and public spaces. 

COMMON TYPES OF PREMISES LIABILITY CASES

Premises liability covers a broad spectrum of incidents where an individual sustains injuries due to the negligence of property owners. Some common incidents include:  

• Slip-and-fall accidents: These are some of the most common incidents and can occur due to wet floors, uneven surfaces, or poor lighting. Slip-and-fall accidents can lead to severe injuries like fractures, sprains, and even traumatic brain injuries. 

• Dog bite accidents: Pet owners have a responsibility to control their animals. When dogs aren't properly restrained, they can cause serious harm. Dog bites can lead to deep wounds, infections, and emotional trauma. 

• Burn accidents: These can occur due to faulty wiring, unattended fires, or inadequate safety measures around hot surfaces. Burns can be extremely painful and may require extensive medical treatment. 

• Bike accidents: Poorly-maintained premises can pose a significant risk to cyclists. Cracks in pavement, potholes, or unmarked obstacles can lead to serious bicycle accidents. 

• Exposed-wire accidents: Exposed electrical wires can pose a significant risk of electrocution and burns. Property owners should ensure all electrical systems are safely contained and marked. 

• Drowning accidents: If a property owner has a pool, they must take steps to ensure it is safe. This includes proper fencing, supervision, and maintenance. Failure to do so can result in tragic drowning accidents. 

• Toxic chemical exposure accidents: Exposure to harmful chemicals can have devastating health effects. If hazardous substances aren't properly stored or disposed of, individuals on the property could suffer serious harm. 

PROVING LIABILITY

To secure compensation in a premises liability case, it's crucial to establish that the property owner was indeed at fault for your injuries. There are specific aspects that need to be proven, such as: 

• Presence of a dangerous condition: First, you must show that a hazardous condition existed on the property. This could be anything from a wet floor to faulty wiring or a poorly-maintained staircase. The key is that it poses a risk of harm to visitors. 

• Owner's knowledge of the dangerous condition: Next, you'll need to prove that the property owner knew, or should have known, about the dangerous condition. This could be through direct knowledge (they were informed about it) or constructive knowledge (the condition was present for a long enough time that they should have discovered it). 

• Failure to take appropriate action: The property owner must have failed to take reasonable action to correct the dangerous condition or warn visitors about it. If they made an effort to fix the problem or adequately warned visitors, they might not be held liable. 

• Direct cause of injury: The dangerous condition on the property must have directly caused your injury. If there's another factor that caused your accident, the property owner may not be held responsible. 

• Actual damages: Finally, you must have suffered actual damages as a result of the accident. This could include medical expenses, lost wages, pain and suffering, and other losses. 

Our team has the resources to evaluate your case and provide the necessary steps to get you on the correct path.  

DEFENSES IN PREMISES LIABILITY CASES

Property owners and their insurance companies often employ various defenses to avoid liability in your premises liability case. Some common defenses include contributory negligence and the assumption of risk. In Alabama, the contributory negligence rule can bar an injured party from recovering damages if they are found even 1% at fault for the accident. 

That said, taking the right steps, such as seeking help from trusted personal injury attorneys, is heavily advised.