When someone is injured on another party’s property, the property owner could be held liable. Depending on the reasons for their visit and the circumstances surrounding their injury, the owner could face litigation as the other party seeks compensation for hospital bills, missed wages, and other damages. An experienced attorney can help you navigate this issue, regardless of which side you fall on. Here’s what you should know ahead of time.

What Does Premises Liability Law Entail?

Premises liability is a legal theory that applies to personal injury cases that take place on someone’s property. To be viable, the hurt party must prove that the property owner was somehow negligent.

For instance, they must have had a duty of care to the guest, such as how a shop owner would be expected to wipe up spills to prevent fall hazards. If there were no warning signs to indicate a wet floor, this would be considered a breach of duty.   

What Are Different Types of Premises Liability Cases?

Premises liability cases aren’t just determined by the nature of the injury, however. The purpose of the guest’s visit also influences the viability of the case. In Alabama, landowners have different responsibilities for each of the following parties:

• Invitee: An invitee is someone who provides some sort of benefit to the landowner when visiting. Property owners have the greatest responsibility to protect these parties. If a known hazard exists and the invitee becomes injured because of it, the landowner will likely be held responsible.
• Licensee: A licensee is a social guest who visits without providing benefits to a business. Landowners should warn these parties of any known hazards, such as a steep slope, to prevent being held liable for injuries.
• Trespassers: Landowners have the least responsibility for trespassers. Unless they intentionally harm them, they are unlikely to be accountable for their injuries.

What Happens When the Injured Party Is at Fault?

In Alabama, if the injured party is even slightly responsible for their accident, they cannot seek damages. For this reason, working with a knowledgeable property law attorney is critically important. An attorney can help determine whether the hazard was “open and obvious,” which is a defense that owners can use to state that the risk should have been seen and avoided.

If you think you could be involved in a premises liability case, turn to JP Coleman Law, LLC, Attorneys at Law. Serving Baldwin County, AL, these legal professionals are experienced in property law and will provide knowledgeable counsel. Find out more about the property law cases these attorneys take on by visiting their website. Call (251) 947-6247 to schedule a consultation.