Hamilton Premises Liability Lawyer

If you’ve sustained injuries in an accident on someone else’s property, contact the Hamilton premises liability attorneys at Mama Justice to learn about your legal options and right to compensation.

When otherwise healthy people fall and injure themselves, there is usually a very specific cause. Did they slip due to a wet floor with no warning sign? Did they trip on a loose piece of carpeting? Did they fall down a flight of stairs because of an improperly secured handrail?

These circumstances and many more can create a hazardous premises at a home or business. A trip or a fall can potentially be much more severe than a simple skinned knee and result in catastrophic injuries such as traumatic brain injury or spinal cord damage.

At Mama Justice, our lawyers have extensive experience representing Alabama residents and visitors who were injured due to someone else’s carelessness while on their property. Our attorneys have a comprehensive knowledge of the state’s premises liability laws, along with an impressive track record of obtaining fair financial compensation for our clients.

We work closely with those we represent, allowing our decades of combined experience to set them up for a successful resolution to their Hamilton personal injury claim.

Premises Liability in Alabama

Almost all premises liability claims hinge on the legal idea of negligence. This idea is necessary to understand because simply getting hurt on someone else’s property does not automatically indicate that the owner of the property perpetrated negligence or that there was a dangerous condition present.

A lawyer will be required to show that the property owner either knew of the unsafe condition and chose to ignore it or behaved negligently. For a court to decide that negligence occurred, the following four elements must be proven:

• A duty of care existed (For example: to keep his patrons safe, a cafe owner needs to ensure that his restroom floors are not wet).
• That duty of care was violated (The restroom floors were wet, and no wet floor signs were in place).
• An accident took place due to the violation (A patron slipped on the wet, unmarked restroom floor and, in doing so, sustained an injury).
• The injuries the patron received were a direct result of the accident (The patron sprained their ankle and sustained a concussion when they fell).

Common Premises Liability Claims in Alabama

A case for premises liability can be made anytime an individual is hurt on another person’s property. This creates a broad scope of legal possibilities. A few of the more common kinds of premises liability cases in Alabama include:

What is My Premises Liability Case Worth?

Regardless of what caused your accident, if you were hurt on another person’s property, it is in your best interest to speak with a premises liability lawyer to find out if you have a valid claim for damages. Accurately calculating the value of a premises liability claim considers numerous factors that your attorney can summarize thoroughly for you.

How Are Damages for Premises Liability Determined?

Premises liability claims are becoming more and more prevalent. The Centers for Disease Control and Prevention reports that an average of one million Americans endure some kind of slip-and-fall incident yearly. Out of those million, about 30% will sustain injuries that range from moderate to severe.

If you were hurt on another person’s property because of their negligence, you could be entitled to compensation for damages, including:

Medical costs

Your compensation should include the cost of both current and anticipated medical care associated with your injuries. These costs may include prescription medications, doctor’s appointments, operations, diagnostic testing, hospital stays, physiotherapy, a home carer, and any necessary medical devices.

Lost wages

When you are seriously injured, you might be physically unable to work. You can claim your lost income as damages. Occasionally, an injury is severe enough that you can never return to your job. In that case, your damages should also include your lost future income.

Pain and suffering

Enduring any kind of severe injury will have long-lasting physical and psychological impacts. The physical pain caused by your injuries could result in post-traumatic stress disorder, depression, and other emotional problems. Compensation for these and other non-monetary damages are meant to offer compensation for the physical suffering and emotional trauma associated with your injury.

Exemplary damages

Exemplary damages are intended to punish the negligent party and will only be awarded in some cases. In an Alabama premises liability case, the claimant will have to prove that the respondent behaved with gross negligence, malice, recklessness, or willful disregard for the safety of others if they hope to claim exemplary damages.

Loss of companionship

Your relationship with your spouse might be impacted after your injury. This entitles them to file a claim for loss of consortium. These non-monetary damages reflect the loss of companionship, care, and services they experienced due to your injury.

The totals associated with each damage will vary based on the circumstances of each case. In some cases, expert witnesses might be used to help establish the true value of these damages.

Is the Shop Where I Was Injured Liable for My Accident?

A property owner has a responsibility to exercise a reasonable diligence and care to maintain their premises in a hazard-free condition. Or, if their premises are in a hazardous condition, provide ample notice so, through the use of regular care, the hazard can be avoided.

A place of business or a residence can be a danger to the public if:

• The sidewalk is uneven and causes guests to fall.
• The parking lot of a business in an area known for crime is poorly lit and a patron is assaulted.
• There are heavy crates improperly stacked on elevated shelves at a department store that fall on a customer.
• A loose handrail causes a shopper to fall down a flight of stairs, or a spill that has not been mopped up causes a shopper to slip on the hard floor.
• A property is contaminated with toxins due to activity by the previous owner, and the current owner’s health is jeopardized.

In each scenario listed above, the owner neglected to take the action a reasonable person would have taken to ensure their property was safe. In that situation, the owner is effectively negligent in their duty to the public.

Premises liability laws in Alabama view claims of defective property more amiably than claims involving things like slippery floors. This is because the property defect, like a hole in the floor, is an actual component of the property. Whether or not the owner was aware of the danger is a matter to be adjudicated by the court.

In the case of a slippery floor, the claimant has to prove that the material or substance was on the floor for a length of time and that the respondent was aware or reasonably should have been aware of the issue, and their failure to remedy the potentially dangerous situation makes them negligent.

In both scenarios, the claimant will be required to prove that the hazard was the direct cause of their injury.

Duty of Care in Premises Liability Cases

A business owner, manager, or homeowner is responsible for maintaining their property in hazard-free condition. Within the scope of the law, this responsibility is referred to as a duty of care and is demanded of all managers, store owners, landowners, homeowners, and any property owner that others might visit.

When these people neglect to take reasonable actions to keep their property free of perilous conditions, or when they neglect to provide their guests and visitors with sufficient warning of a known danger, they have violated their duty to guests and visitors.

Duty of care lays the groundwork for any premises liability claim, extending well beyond wet bathroom floors. Premises liability claims can take a number of shapes. What happens if an item falls off a shelf and hits you while you are shopping, or an elevator breaks down, and you are trapped inside for hours, causing your pain and suffering? You could be walking through a parking garage where the inadequate lighting made it easy for criminals to harm you. Or maybe a neighbor has an unfriendly dog known to bite strangers. These are all examples of possible premises liability claims.

When an owner fails their duty to their guests, they need to be brought to account. Our Hamilton premises liability lawyers can help you demonstrate that the owner was aware of or reasonably should have been aware of a hazardous condition that existed on their property.

Am I Responsible for the Safety of Anyone on My Property?

Visitors to a property will fall under one of three different classes: licensees, invitees, and trespassers. For each class, a different standard of care applies.

The lowest standard of care is owed to a trespasser, with the notable exception of children. If the property owner is aware that children are often on their property, they are, at a minimum, tasked with the responsibility of placing warning signs. Owners may be required to put up a fence or keep their pool covered to deter curious children from wandering onto their property and getting hurt.

A licensee is an individual visiting the property for their own objectives, such as a guest at a party, a neighbor at a cook-out, or a door-to-door salesman. They are owed a higher standard of care. The property owner must warn licensees of any potential dangers or address them before they arrive on the property.

The greatest standard of care is owed to an invitee. If a property is open and conducting business or is anticipating the presence of customers or clients, such as a grocery store, a hair salon, or an office, the owner of the property is responsible for keeping the property safe, repairing any defects, and warning invitees about any potential dangers.

How Much Money Should I Expect in a Settlement?

It will be challenging to obtain a multi-million dollar settlement for a premises liability claim if the responsible party does not have access to those funds. The respondent party’s liability insurance will influence how much you should expect to collect for your suit.

In some instances, there could be more than one person liable for your injuries, which means your Hamilton premises liability lawyer can seek recovery from more than one source.

Reach Out to a Trusted Premises Liability Lawyer in Hamilton

Premises liability accidents often leave their victims with moderate to serious injuries. Injured parties often sustain severe head trauma, broken bones, a broken back or neck, lost income, permanent disability, medical expenses, pain, and suffering.

In a trial, Alabama law requires the claimant to prove that an unaddressed defect on the property or some other form of carelessness resulted in the injury. Alabama also operates under a legal standard that is called contributory negligence.

Under the laws of contributory negligence, if the victim is found even 1% liable for the incident that led to their injury, they could be barred from recovering any financial compensation.

This is just one of the reasons why it is crucial to work with a practiced Hamilton premises liability attorney right away after your accident to ensure that your right to collect the compensation you deserve is protected.

Not every law firm gives its clients the care and personalized attention we offer. At the Hamilton law offices of Mama Justice, we have an outstanding track record of achieving successful case results for those who have been injured in premises liability accidents. Contact the Hamilton premises liability attorneys at Mama Justice today at (888) 484-1476 for a free initial legal consultation.