What are premise liability lawsuits? Premise liability is a legal concept that typically involves personal injury cases when the injury was caused due to unsafe or negligent conditions on someone’s property. Premise liability cases are based on negligence and in order to win a premise liability case, the injured party must prove that the property owner was at fault and was negligent in some way that resulted in the injury. This means that in order to have a successful premise liability suit you must prove that the property owner failed to use reasonable care in connection with the property. You must prove that the property owner knew or should have reasonably known that the premises were in an unsafe condition and failed to take proper steps to remedy the situation.
There are a number of different types of premise liability lawsuits including: dog bite lawsuits, slip and fall cases, toxic fumes or chemicals, snow and ice accidents, inadequate maintenance of the premises, defective conditions on the premises, inadequate building security leading to injury or assault, elevator or escalator accidents, swimming pool accidents, amusement park accidents, fires and water leaks or flooding. Slip and fall cases are very common and there are a number of different causes for someone to slip and fall on someone else’s property including wet or oily floors, loose or broken floors, sidewalks or stairs and ice or snow.
In order to have a successful premise liability lawsuit you will need to hire an experienced personal injury lawyer in Anniston, or anywhere else in Alabama. You will then need to prove several elements to prove that there was negligence. First, you must prove that a duty of care exists. Second, there was a breach of duty. Third, an accident occurred because of the breach. Finally, you must prove that your injuries were a direct result of the accident. As a property owner in Alabama you have a duty of care. This means that the property owner has a responsibility to keep their property in a safe condition. When a property owner fails to take reasonable steps to keep their property safe or when they fail to warn people that come onto that property of the unsafe condition, then they have breached their duty of care. This is the main basis for premise liability lawsuits in Alabama.
You may be awarded damages for your premise liability suit in a number of ways including compensation for your medical expenses that occurred as a result of your accident. You may also be entitled to claim lost income that resulted in your inability to work because of the accident. Another form of compensation for premise liability lawsuits is pain and suffering. This is a form of noneconomic damages that are designed to provide financial compensation for the emotional anguish and physical suffering associated with an injury.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!