What Exactly Is a Premises Liability Claim?

A premises liability claim asserts that a property owner or business is legally responsible for injuries caused to individuals due to unsafe or dangerous conditions that existed on the owned or rented property. This type of claim is based on the legal concept that those in control of premises have a duty to maintain the property in a reasonably safe condition for visitors, customers, employees, and others who may be impacted. Some examples of premises liability claims include situations where a person is hurt due to:

  • Slippery or uneven walking surfaces that were not properly cleaned, marked, or repaired
  • Missing, broken, or poorly lit steps that caused falls
  • Untrimmed trees or unsecured debris that fell and struck someone
  • Unblocked, unlocked, or improperly stored chemicals or equipment
  • Non-functioning or absent security features like locks, guards or lighting
  • Failure to remedy long-standing property hazards despite complaints
  • Pool accidents and drowning accidents
  • Lack of security resulting in assault
  • Slip and fall accidents
  • Dog bite cases

By establishing a property’s defects and the owner or tenant’s accountability for those risks, premises liability claims aim to hold negligent parties responsible for medical expenses, lost income, and pain and suffering from injuries sustained on site. A premises liability claim asserts that a property owner or business is liable for injuries caused to individuals on their premises due to unsafe, dangerous conditions.

How to Prove Negligence in a Premises Liability Case

For a premises liability case to be successful in Alabama, the injured party must prove:

  • The defendant had control over the premises
  • A hazardous condition existed that was not readily apparent to the plaintiff
  • The defendant knew or should have known of the hazard’s existence
  • The plaintiff was injured and suffered losses as a direct result of the dangerous condition

Proving these elements with evidence is key to establishing negligence on the part of the property owner or tenant. Your premises liability accident lawyer in Eutaw can help gather the evidence and present a compelling legal argument to establish negligence to solidify your claim.

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Establishing Liability

Investigating the incident thoroughly helps build an understanding of how and why it occurred. Our attorneys work to gather and evaluate the following evidence to show liability.

  • Maintenance records
  • Previous incident reports
  • Witness statements
  • Inspection compliance
  • Security footage
  • Property plans
  • Injury documentation

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The sooner you take action, the better your chances for a favorable resolution.

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Calculating Damages

Damages from premises liability cases cover economic and non-economic losses:

Economic Damages

  • Medical bills: This includes all expenses for reasonable and necessary medical treatment required to diagnose and treat injuries. In severe injury cases involving traumatic brain injuries, spinal cord injuries, or amputations, the medical bills alone can be hundreds of thousands of dollars.
  • Lost wages: If unable to work due to injuries, lost income is calculated based on regular pay stubs or tax forms.
  • Property damage: For damaged personal belongings, vehicles, or any other property destroyed in the incident.

Non-Economic Damages

  • Pain and suffering: Compensation for physical and emotional pain experienced, both at the time of injury and ongoing.
  • Reduced quality of life: This subjective factor pays damages for Enjoyment of activities, hobbies, and life that can no longer be fully experienced due to incident-related limitations.
  • Disfigurement or permanent impairment: Recognition of adverse impacts to normal functioning or appearance from scarring and residual effects.

Your premises accident attorney in Eutaw will thoroughly document all losses to ensure full and proper financial recovery for the impacts of the premises accident.

Who Is Liable in an Alabama Premises Liability Claim?

Determining liability rests on identifying who was responsible for the dangerous condition and had the ability to remedy it. Commercial landlords, property managers, individual owners, and contractors can all potentially be found liable, depending on their involvement.

These accidents often occur at:

  • Hotels
  • Restaurants
  • Retail stores
  • Grocery stores
  • Amusement parks
  • Hospitals
  • Government buildings
  • Apartment complexes
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Preventing Further Injury

Filing a claim promptly signals you are taking your recovery seriously. However, it is still advisable to take prescribed medical treatment, avoid reinjuring yourself, keep thorough records, and notify us immediately of any related expenses or losses. This helps maximize potential compensation and substantiates all damages.

Why Hire Us?

Our skilled premises liability attorneys have successfully litigated hundreds of cases, recovering millions for injured clients. We provide:

  • Thorough pre-lawsuit accident investigations
  • Personal attention to every client’s circumstances
  • Aggressive litigation when negotiations do not provide fair value
  • Resources to handle major insurance company defenses
  • Track record of success
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Contact an Eutaw Premises Liability Law Firm for a Free Consultation

If you have suffered injuries or losses due to a premises accident, you deserve to fully exercise your legal rights. At Heninger Garrison Davis, we understand the physical and financial hardships that injured victims face. Our team will fight vigorously to maximize your claim settlement and hold negligent parties accountable.

Rather than endure uncertainty alone, let our attorneys assess your case and advise you on the strongest path forward. We are available for a free initial consultation to discuss your situation. Taking that first step could make all the difference in successfully pursuing the maximum recovery you need and deserve. Contact us today so that we may begin helping you seek the justice and compensation you are owed.

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Ready to take the first step?

Our team of esteemed, dedicated attorneys is waiting to speak with you and support you on your journey toward a successful outcome.

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