Premises Liability Lawyers in Mobile, AL

The National Safety Council reports that the third leading cause of unintentional injury death is from falling, and many of these incidents are caused by an initial slip-and-fall hazard. Although trip, slip, or fall hazards may not sound that serious on their own, a wet or uneven surface can pose a serious threat to health and safety, and it can be particularly dangerous for the elderly or those with existing disabilities.

For this exact reason, it’s important for property owners to keep their premises reasonably clean and free from slip-and-fall hazards, as well as maintain their property on an ongoing basis. There are also many other types of repair and security needs that, if improperly maintained by the owner, can pose a major safety risk for visitors.

Some of the most common causes for a premises liability claim include:

• Animal bites and attacks
• Violence due to inadequate security
• Broken and faulty stairs
• Absent or broken hand railings
• Damaged and torn carpeting
• Slippery floors
• Toxic chemical exposure
• Lead paint injuries

In order to prove a premises liability claim for one of the accidents listed above, however, you will need to demonstrate that the property owner had a “duty of care” to fix it. You must also make it clear that the property owner knew about the hazard, understood that it could pose a safety risk to the public, and still failed to fix the issue in an appropriate amount of time.

Of course, not all visitors are treated equally under Alabama premises liability laws. Your status as a visitor will determine whether you’re eligible for damages, as property owners generally do not have a high duty of care to trespassers or illegal visitors.

Here are the 3 categories of visitors in Alabama:

1. Invitee. An invitee is someone who came to a property at the express invitation of the owner, typically for a business transaction. When you visit a restaurant, salon, or healthcare provider, they owe you the highest duty of care under the law, and must regularly check for hazards in order to protect your safety.
2. Licensee. Licensees are guests of a property owner, and they may arrive with actual or implied permission. Because licensees are typically friends, family members, and other private visitors, property owners have a lower duty of care to warn and protect these visitors than to invitees. Property owners must still correct known safety issues, but their main duty is to avoid intentionally harming a licensee.
3. Trespasser. Property owners do not have a strong duty of care to trespassers, as these individuals are visiting the property without the owner’s consent or permission. However, there is a legal distinction between adult and child trespassers – and property owners do have a responsibility to maintain “attractive nuisances” to avoid injuring curious children.