Premises Liability in Alabama
May 13, 2010 by staff
Filed under Personal Injury
A common assumption is that any time an individual is injured on the property of someone else, the accident victim automatically has a right to collect for medical expenses, if not more for additional damages as well. In fact, the Alabama law carries very specific rules that determine the responsibility behind any accident.
The conditions that qualify for a premises liability lawsuit
Four main conditions must exist to qualify for a premises liability claim:
- The premises where the accident occurred must be in or contain a dangerous condition.
- The dangerous condition must cause an injury.
- The parties responsible for the property were aware of the dangerous condition or should be expected to know about it.
- The parties responsible for the property must have had a reasonable opportunity to repair the dangerous condition.
To cite an example, assume someone falls into a parking lot pothole, sustaining injury. If a sudden temperature shift created that pothole on the day of the accident, the property owner may not be responsible for the accident. But if the pothole existed for even a few days prior to the accident, it might be possible to prove that the owner should have been aware of the problem and had time to either fix it, or at least provide a warning of the danger at the site. This is where an Alabama accident attorney could help. Always talk to an attorney so you are aware of your rights.
Even the conditions under which the injured part was on the property can contribute to the results of a premises liability case. For example, results can be very different for victim who sustained injury while trespassing late at night, versus someone injured while on the property during normal operating hours.