HuntsvillePremises Liability Lawyer

If you’ve been injured in an accident as a result of a negligent property owner, you may have legal options available for you. Contact the Huntsville premises liability lawyers at Mama Justice today.

If you were hurt on another person’s property, you might be wondering how you will manage your medical bills, lost income, and other damages you have endured. It isn’t fair that you have to shoulder the burden of these unforeseen expenses due to a hazardous situation that could have been avoided altogether had the owner of the property acted responsibly. Unfortunately, securing fair compensation can be difficult.

You will have to contend with an insurance company or other third party that will almost certainly deny responsibility and might even try to point the finger at you. To learn more about your rights in Alabama after being injured on someone else’s property, contact the Huntsville premises liability attorneys at Mama Justice through our online form or by giving us a call and scheduling a free, confidential consultation.

What Responsibility Do Property Owners Have in Huntsville?

Alabama law states that property owners are required to maintain their property to keep visitors reasonably safe. When property managers, or property owners, fail to maintain their premises adequately and someone gets hurt, that manager or owner could be liable for compensating them.

However, it is essential to keep in mind that being injured on another person’s, municipality’s, or business’s property does not naturally make the property manager or owner liable. Multiple factors must be proven before receiving a personal injury award in court or an insurance settlement. You might also have to combat charges of contributory negligence. According to Alabama law, if the victim is responsible to any degree for their injuries, they are prohibited from collecting financial compensation.

Premises liability law is highly nuanced. Whether or not a property manager or someone else is legally responsible for your injuries hinges on various factors, including what kind of visitor you were. Property owners are not required to provide the same level of care to every visitor, and they owe almost none to trespassers.

If you were hurt while on another person’s property, we urge you to speak with a premises liability lawyer at Mama Justice as soon as possible to learn about your rights and all legal avenues of recovery.

How Long Do I Have to File a Premises Liability Claim in Huntsville, Alabama?

In Alabama, you generally have two years from the date of your injury to file a premises liability lawsuit (Ala. Code § 6-2-38(l)). If you wait too long, a court can refuse to hear your case, even if the property owner was clearly careless.

Property cases often depend on evidence that disappears fast. Wet floors get mopped, broken steps get repaired, and security video gets recorded over. The sooner we can ask the owner to keep that evidence, the better.

Some claims have different rules, especially claims against a city, county, or other government body, where special notice rules may apply and can be much shorter. Deadlines vary by claim type, so confirm yours with a Huntsville premises liability attorney as soon as you can.

How Does Alabama Law Decide What a Property Owner Owes You?

The duty of care that a property manager or property owner owes you is based on your status as a visitor on their property. There are three basic kinds of visitors:

Invitee

Invitees are people who are invited onto the property, usually for a business purpose that benefits both them and the owner, like a customer in a store or a guest at a restaurant. Invitees are typically clients or business customers. You are also considered an invitee when you eat at a restaurant, go to the grocery store, or see your doctor.

As an invitee, property managers and owners owe you the highest standard of care. They are expected to routinely inspect the property, repair any potential hazards, and warn you and other invitees of any possible dangers. The property manager or owner could be liable for your injuries if they were unaware of a danger they could reasonably have been expected to know about, failed to fix or close off a known danger, or failed to warn invitees about the danger.

Licensee

A licensee is someone who enters another person’s, business’s, or municipality’s property by an implicit or explicit invitation but is not there for commercial reasons. You are considered a licensee when you are a guest in someone’s home. You might also be a licensee when you enter public land, or private land with consent, for recreational purposes.

The duty of care that a property manager or owner’ owes you as a licensee is less than is owed to an invitee. They must fix or warn against known dangers. As an invitee, you may hold property owners and property managers accountable for any hazards of which they should have been aware. As a licensee, a basic guest, you may only hold them responsible for hazards they already knew about.

Trespasser

If you set foot on another person’s property without their permission, you are a trespasser. For example, if you use a homeowner’s private beach or hunt on your neighbor’s land without their consent or knowledge, you are a trespasser in the eyes of the law.

Trespassers are owed very little by property managers and owners. They are not required to maintain their property in a safe condition for those who were not given permission to be there. However, if a property owner knows that trespassers are common, they must warn them of any known dangers. Property owners are also not permitted to set traps for trespassers.

With that in mind, property owners owe a very different and more substantial standard of care toward children even if they are trespassing. If a property manager or owner knows or reasonably should know that children might come onto their property, they have an obligation to keep their premises safe.

What Do You Have to Prove in a Huntsville Premises Liability Case?

These cases usually come down to what the owner knew, or should have known. In general, we look at whether:

• The owner or manager had a duty to you. This depends on why you were on the property, which is why your visitor status matters.
• A dangerous condition existed. This could be a wet floor, a broken stair, bad lighting, or a hazard that was never fixed.
• The owner knew, or should have known, about it. A spill that sat for hours, or a problem that had been reported before, can show this.
• The owner failed to fix it or warn you. A sign, a cone, or a quick repair might have prevented your injury.
• The hazard caused your injury and your losses. Medical records, photos, and witness statements help connect the dots.

Every case is different. The evidence that matters most may be in the owner’s hands, so please call us before it disappears.

What If I Was Partly at Fault for My Huntsville Premises Liability Accident?

In Alabama, civil courts observe the legal doctrine of contributory negligence. This principle renounces the damages a plaintiff could have received in a personal injury case if they are shown to share even 1% of fault in the accident that caused their injuries. For instance, if a person walking across a dimly lit parking lot at night was also sending a text message on their phone when they stepped in a pothole and broke their ankle, they could conceivably forfeit their right to any economic recovery.

Part of your Huntsville, AL premises liability attorney’s job is to collect sufficient evidence that shows you did not contribute in any way to the incident that resulted in your injuries.

What If the Hazard Was Open and Obvious?

Property owners and their insurance companies often argue that a danger was open and obvious, and that you should have seen it and avoided it. In Alabama, this can be a strong defense in some cases, and it is closely tied to the state’s contributory negligence rule.

Whether a hazard was truly open and obvious is not always simple. Poor lighting, a distraction the owner created, a busy crowd, or a hidden change in the floor can all change the picture. If an insurance company tells you the danger was obvious and the blame is yours, do not just accept it. We can look at the facts and push back.

What Counts as a Slip and Fall Case in Huntsville?

The most common premises liability cases are slips and falls. These claims usually arise from pooled liquids, ice, snow, debris, spilled substances, uneven flooring, or insufficient lighting in a structure or outside walkway. Learn how a fall can also be part of a Huntsville personal injury claim.

Invitee slips and falls at a business are not uncommon. For instance, a jug of leaking wiper fluid at an auto parts store might be hard to notice on the tile and could cause a guest to slip and fall. If you were injured due to a slip on a business’s property, reach out to the slip and fall attorneys at Mama Justice right away. Alabama slip and fall cases require plaintiffs to prove that the owner had knowledge or constructive notice of the spilled fluid or other hazards before victims can file a compensation claim.

Some situations require an intensive investigation to determine if the business was aware of or should have been aware of the spill and whether or not they neglected to maintain their duty of care, making them responsible for compensating you.

Slips and falls can also happen when you are a guest, a licensee, on someone else’s property, like attending a birthday party or visiting the playground at a local park. There is less of a chance that the homeowner is legally liable for an issue when you are a licensee, but there is no way to know for certain until you get a Huntsville premises liability lawyer’s objective and trained opinion.

For example, in the rare event that it snows in Alabama and your hosts do not shovel or salt their walkways, they could be held liable if you slip and fall.

What Other Premises Liability Claims Happen in Huntsville?

While slip and fall cases are the kind that most people associate with premises liability, many other scenarios also fall under that category. Accidents involving stairs, decks, and balconies are also common at both residences and businesses. These accidents most often occur due to:

If you fell down a flight of stairs or off a balcony, you might have sustained significant injuries. Our attorneys are here to investigate your accident, collect evidence, and give you objective and reliable advice regarding your best course of action. If you have a legitimate premises liability case, we will help you through the insurance claim and/or process of filing a lawsuit. If you were hurt in a car crash in the parking lot or on the way to a property, see our guide to Huntsville car accident claims.

Swimming Pool Injuries

Another typical premises liability claim is from injuries involving a swimming pool. Our premises liability attorneys have handled numerous cases in which an adult or child has been exposed to dangerous chemicals, sliced by sharp objects around or in a swimming pool, hurt by inflatable pool accessories, shocked, or tripped and fell because of an improperly maintained pool structure or deck.

Negligent Security

Negligent security can create conditions that cause you to be seriously injured in a place where you should have been safe. A property manager or owner is most likely responsible for enforcing security measures, like surveillance cameras, security personnel, and locked doors. If a loved one died because of unsafe conditions, our Huntsville wrongful death lawyers can explain your family’s options.

For example, if you were assaulted in the common area of an apartment complex, and no security was employed to make sure strangers stayed out of the building, then the landlord could be liable. You may, however, have to demonstrate that security precautions were reasonably necessary. If you were injured during an assault and you feel that there wasn’t adequate security, contact our law firm today to discuss starting a claim.

Premises Liability Injuries

There are numerous kinds of injuries that a victim can sustain during an accident on another person’s property, including:

• Broken and fractured bones can be caused by falling objects or by tripping and falling on an uneven walkway.
• A traumatic brain injury can occur when a victim falls or something falls on their head. A TBI is a very serious injury that requires prompt diagnosis and treatment.
• A spinal cord injury can happen if a victim falls from a height or is struck by a blunt object, such as might happen during a violent assault.
• Strains and sprains can happen when a victim twists their ankle after tripping on poorly maintained flooring or slipping on an icy surface.
• Burn injuries are a common outcome of explosions, chemical spills, or electric shock.
• Lacerations and contusions can occur when victims trip over debris or potholes in a parking lot.

What Should I Do After a Premises Liability Accident in Huntsville?

What you do in the hours after you are hurt can shape your claim. Here are the steps we want every Huntsville family to know:

1. Get medical care right away. Call 911 if you are badly hurt. A doctor’s records connect your injuries to the fall or accident.
2. Report it to the owner or manager. Ask them to write down what happened and ask for a copy. Keep the report short and factual.
3. Take photos and video. Capture the hazard, the area around it, any warning signs (or lack of them), and your injuries.
4. Get names and contact details for any witnesses and for any employees who saw what happened.
5. Keep your shoes and clothes. Do not wash or throw them away. They can help show what happened.
6. Do not give a recorded statement to an insurance company before you talk with a lawyer, and do not guess about fault.
7. Keep your records. Save medical bills, pay stubs, and notes about how your injuries affect your day.
8. Call Mama Justice. We are here 24/7, and the first call is free.

How Much Is My Huntsville Premises Liability Case Worth?

No honest lawyer can promise you a number on day one. What a case is worth depends on the facts. The biggest factors are how serious your injuries are, your medical bills now and in the future, your lost income, whether you share any of the blame, and the insurance available. Because Alabama follows contributory negligence, fault is a big deal in these cases.

Every case is different. Past results do not guarantee future outcomes, and the case results shown on this page are not a promise of what we can do for you. What we can do is look at your facts, build your case, and fight for the full compensation the law allows.

Where Do Premises Liability Accidents Happen in Huntsville?

They can happen anywhere people go. In Huntsville, we hear from people hurt in grocery and retail stores, restaurants, apartment complexes, hotels, parking lots, and workplaces, as well as in private homes and on public property. The same basic question applies in each place: did the owner keep the property reasonably safe, and did they warn you about dangers they knew about?

If your case goes to court, it may be filed in Madison County Circuit Court. If you were treated at Huntsville Hospital or another local facility, we can help you get the records your claim needs.

How Long Does a Huntsville Premises Liability Case Take?

There is no set timeline. Some claims settle in a matter of months. Others take much longer, especially when injuries are serious, the owner denies responsibility, or the case goes to trial.

We usually wait until you reach a clear point in your medical recovery before settling, so you do not accept a deal that leaves you paying for care out of pocket later. We will keep you updated along the way.

How Long Do I Have to File a Premises Liability Claim in Alabama?

Establishing fault in a landlord negligence or premises liability case can be an uphill battle. In Alabama, if a defendant can show that the plaintiff was even 1% responsible for their accident, they will not be able to collect damages. Other potential defenses that can, and often are, used against victims include:

• Assumption of Risk: This legal theory states that the plaintiff assumed a reasonable risk when they entered someone else’s premises, and they are expected to face any danger presented intelligently.
• Lack of Knowledge: A defendant can claim lack of notice or lack of knowledge of the defect or hazard on their premises.
• Open and Obvious: Under the open and obvious defense, a defendant can claim that the defect or danger was just that, open and obvious, and the plaintiff should have been able to foresee the potential hazards.

If you or a family member was injured on a third party’s property, it is vital that you seek the guidance of experienced legal counsel to ensure you know your rights and understand all of your options. The statute of limitations for personal injury claims in Alabama is two years from the date of your accident, so time is a factor. This deadline comes from Ala. Code § 6-2-38(l). If you were hit by a car while walking on or near someone’s property, read about Huntsville pedestrian accidents.

Do I Need a Premises Liability Lawyer in Huntsville?

Contact the experienced premises liability lawyers at Mama Justice today for your free, confidential consultation. Our team is ready to listen to your story and explain your legal options.