PREMISES LIABILITY recovery LAW

Premises liability is the legal concept that deals with the responsibility of property owners and occupiers to ensure the safety of individuals who enter their premises. This concept is ingrained in tort law, which is designed to address civil wrongs that cause harm to others. When an injury is caused by an unsafe or defective condition on someone’s property, premises liability dictates that the property owner or occupier may be held responsible for the damages suffered by the injured party

In order to establish liability in premises liability cases, the injured party generally needs to prove several elements. Firstly, they must establish that the defendant owned, leased, occupied, or controlled the property in question. Secondly, they need to demonstrate that the defendant was negligent in the maintenance or use of the property. Thirdly, it must be proven that the plaintiff was harmed, and finally, that the defendant’s negligence was a substantial factor in causing that harm.

Slip and Fall Injuries

One of the most common types of premises liability cases involves "slip and fall" injuries. These accidents can occur due to various unsafe conditions such as wet floors, icy sidewalks, loose carpeting, or uneven surfaces. Property owners are expected to maintain their premises in a reasonably safe condition. For instance, if a grocery store manager knows that a spill occurred in one of the aisles, it is their duty to either clean up the spill in a timely manner or put up warning signs to alert customers of the hazard. If a customer slips on the spill and is injured, the store may be held liable for the injuries.

Inadequate Maintenance and Upkeep

Another critical aspect of premises liability is inadequate maintenance and upkeep. Property owners have a duty to maintain their premises, and failure to do so can result in accidents and injuries. For example, if a building owner neglects to repair a broken railing, and a visitor falls as a result, the owner may be held responsible for the injuries suffered. Maintenance and upkeep also extend to external areas like parking lots, where potholes and poor lighting can cause injuries.

Attractive Nuisance

A unique aspect of premises liability is the doctrine of attractive nuisance. This doctrine is primarily concerned with child safety. It posits that a property owner may be held liable for injuries to children who were drawn to the property because of an “attractive” feature, even if the children were trespassing. Common examples of attractive nuisances include swimming pools, trampolines, and abandoned machinery. Property owners are expected to take extra precautions to prevent children from accessing these features, such as fencing around a pool. Failure to do so can lead to liability if a child is injured.

Toxic Chemical Leaks

In some cases, premises liability can extend to harm caused by environmental factors, such as toxic chemical leaks. If, for instance, a factory owner negligently stores hazardous chemicals and these chemicals leak into neighboring properties, causing illness or property damage, the factory owner may be held liable. This holds true even if the injured parties never set foot on the factory’s property. These cases often involve complex scientific evidence and may overlap with environmental law.

Negligent Security

Negligent security is a subcategory of premises liability that deals with the obligation of property owners to provide adequate security measures to prevent foreseeable crimes. For example, if a hotel in a high-crime area fails to employ security guards or install security cameras, and a guest is assaulted on the property, the hotel may be held liable for negligent security. Property owners are expected to take reasonable steps to protect visitors from foreseeable criminal acts, especially in areas known for high crime rates.

Premises liability is a complex and multifaceted area of law that encompasses various types of injuries and accidents that can occur on someone’s property. Whether it is a slip and fall injury, inadequate maintenance, an attractive nuisance that lures a child, a toxic chemical leak affecting the neighborhood, or negligent security leading to a criminal attack, the property owner or occupier may be held liable for damages. However, establishing liability involves proving several elements, and the injured party’s own negligence can also be a factor in determining compensation. As premises liability cases can be complicated, it is often advisable for those who have been injured due to an unsafe or defective condition on someone’s property to seek legal counsel.

Snable Stevenson & Silva Can Help You to Recover

At Snable Stevenson & Silva, we pride ourselves on our unwavering commitment to provide robust and personalized legal representation for those who have suffered injuries. With a rich history of success and a team of experienced attorneys, we utilize a holistic approach to ensure that our clients’ needs are addressed and their rights vigorously protected.

In-Depth Consultation

Our process begins with an in-depth consultation, where we listen to the potential client's account of the incident and gather all relevant information. Our attorneys are adept at discerning the critical elements of a premises liability case. Understanding the nuances of our client’s case, such as the nature of the unsafe condition, the extent of injuries, and any evidence available, helps us establish a strong foundation for the legal strategy.

Investigation and Evidence Gathering

Once we have the initial information, our team engages in thorough investigation and evidence gathering. This often includes obtaining surveillance footage, photographs, maintenance records, and witness statements. In a premises liability case, it is crucial to demonstrate that the property owner or occupier was aware or should have been aware of the unsafe condition and failed to take appropriate measures. By meticulously gathering and examining the evidence, we build a compelling case that substantiates the negligence of the property owner.

Expert Collaboration

Our firm is well-connected with a network of experts ranging from medical professionals to engineers. Depending on the specifics of the premises liability case, we may collaborate with these experts to reinforce our client’s claims. For example, in a toxic chemical leak case, we may consult environmental experts to assess the extent of contamination and its impact on our client’s health. Their insights and testimony can be invaluable in establishing the causal link between the negligence and the injuries suffered.

Navigating Legal Complexities

Premises liability law can be fraught with complexities. At Snable Stevenson & Silva, our attorneys are well-versed in the intricacies of this area of law. We understand the significance of attractive nuisance doctrine, obligations pertaining to maintenance and upkeep, and the ramifications of negligent security. Our expertise enables us to adeptly navigate these legal complexities and present a comprehensive argument that reflects the various dimensions of the case.

Negotiation and Litigation

Our firm adopts a dual approach to resolution – negotiation and litigation. We understand that prolonged court battles can be taxing for our clients. Wherever possible, we engage in negotiations with the opposing counsel to arrive at a fair settlement. Our reputation as staunch advocates serves us well in these negotiations as opposing parties are cognizant of our willingness to go to trial if needed. If negotiations don’t yield satisfactory results, our litigation team is fully prepared to represent our client in court. We are seasoned in trial proceedings and argue our cases with precision, logic, and passion.

Compassionate Client Support

At Snable Stevenson & Silva, we understand that beyond the legal battle, there is a human element. Our clients often come to us during a tumultuous phase in their lives. We are dedicated to providing compassionate support throughout the process. Our attorneys take the time to explain the legalities involved, keep the client informed of developments, and are available to address any concerns or queries.

When choosing the law firm of Snable Stevenson & Silva, clients entrust their premises liability cases to a team of dedicated, experienced, and skilled legal professionals. Our holistic approach encompasses thorough investigation, expert collaboration, adept navigation of legal complexities, shrewd negotiation, assertive litigation, and compassionate client support. This synergy ensures that our representation is not just about winning a case, but about securing justice and restoring the equilibrium in our clients’ lives.

Contact our Birmingham, Alabama Premises Liability Lawyers Today for Legal Help

Have you or a family member been injured while on someone else's property in Alabama? Contact Snable Stevenson & Silva for immediate legal assistance and advice. You may be able to pursue compensation for your medical bills, lost wages, and other expenses. Our qualified Alabama premises liability lawyers can help you fight to secure a full and fair award.

We offer a free case evaluation and consultation. Contact our law office in Birmingham, Alabama to schedule yours today. If you can’t come to us, we can arrange a time to visit you. Consultations can be arranged at the hospital, your home, or even your place of business. There’s a limited amount of time to act, so give us a call to get started today.