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If you were hurt on someone else's property in Mobile, Alabama, you might have a premises liability case. These injuries happen in stores, restaurants, apartment buildings, or other places where property owners failed to keep their property safe. Property owners have legal duties to protect visitors from harm.
Accidents like slip and falls, trips on broken stairs, or injuries from falling objects can cause serious pain and medical bills. You might miss work while recovering, adding financial stress to your physical pain. These accidents often happen because someone didn't fix a dangerous condition they knew about.
At Krebs Personal Injury Lawyers, we help people who have been injured on unsafe properties in Mobile. Our article explains what premises liability means, how to prove your case, and what compensation you might receive for your injuries.
Premises liability is a legal concept that holds property owners responsible when someone gets hurt on their property due to unsafe conditions. In Mobile, this means store owners, landlords, and homeowners must take reasonable steps to fix dangers or warn visitors about them. The law expects property owners to inspect their property and fix problems that could hurt people.
The level of care a property owner owes depends on why you were on their property. Customers in stores get the highest protection, social guests receive less, and trespassers get very little protection under Alabama law. Property owners who know about dangers but do nothing to fix them can be held responsible when someone gets hurt.
Not everyone who gets hurt on someone else's property has a valid premises liability claim. Several factors can help you figure out if your situation might qualify for legal action. Here are some common signs that suggest you may have a case worth pursuing:
You were injured on someone else's property - Your injury happened at a store, restaurant, apartment building, or other property you don't own. The injury is directly connected to a dangerous condition on that property.
The property owner knew about the danger - There is evidence the owner or manager knew about the hazard but didn't fix it. This might include previous complaints, repair requests, or obvious problems that any reasonable person would notice.
The dangerous condition existed for a long time - The hazard was present long enough that the owner should have discovered and fixed it during regular maintenance or inspections. For example, a broken step that remained unfixed for weeks.
You have medical records documenting your injuries - You sought medical treatment after the accident and have records connecting your injuries to the incident. These records show the type and extent of harm you suffered.
You were legally on the property - You were invited onto the property as a customer, guest, or for another legitimate reason. You weren't trespassing when the injury occurred.
The danger wasn't obvious or clearly marked - You couldn't easily see or recognize the hazard, and there were no adequate warnings like signs or barriers to alert you to the danger.
You have evidence from the scene - You have photographs of the dangerous condition, witness statements, or incident reports that document what happened and the conditions that caused your injury.
Winning a premises liability case in Mobile requires proving the property owner was negligent. There are four main elements you and your lawyer will need to show to establish fault. These elements create the foundation for your case and help determine if you can receive compensation for your injuries.
Property owners have different responsibilities depending on why you were on their property. Invitees, like customers in stores or restaurants, receive the highest level of protection - owners must regularly check for dangers and fix them. Licensees, such as friends visiting your home, are owed warnings about known dangers but less active protection. Trespassers generally receive very little protection unless the owner deliberately causes harm.
Alabama law expects property owners to take reasonable steps to keep their property safe. This means different things in different situations - a grocery store might need to check aisles hourly for spills, while a homeowner might only need to warn guests about a loose step. The key is that owners can't ignore dangers they know about or should know about through regular inspections.
A breach happens when a property owner fails to meet their duty of care. For example, if a store manager knows about a leaky refrigerator creating puddles but doesn't clean it up or put up warning signs, they've breached their duty to customers. Similarly, apartment owners who ignore reports of broken stairway railings have failed to meet their responsibility to tenants.
In Mobile, property owners may breach their duty by violating local building codes or safety regulations. This might include failing to maintain proper lighting in parking areas, not fixing broken sidewalks, or ignoring fire safety requirements in apartment buildings. These failures can strengthen your case by showing the owner didn't follow basic safety standards that apply to their property.
Causation means showing that your injury happened because of the property owner's failure. There must be a clear connection between the dangerous condition and how you got hurt. For instance, if you slipped on a wet floor that had no warning sign, you'd need to show that the water caused your fall and resulting injuries.
Evidence that helps prove this connection includes accident reports filed right after your injury, witness statements describing what happened, and medical records linking your injuries to the accident. Photos of the dangerous condition taken soon after your fall can be very powerful evidence. Your doctor's opinion about how your injuries occurred also helps establish this crucial link between the property condition and your harm.
Damages are the actual losses you experience because of your injury. These can be physical, financial, and emotional. Your medical records, bills, and employment information help prove these losses. The more complete your documentation, the stronger your case will be.
Types of damages often include:
Many accidents in Mobile happen because of dangerous conditions that property owners fail to fix or warn about. These hazards exist in all kinds of places - from grocery stores and restaurants to apartment buildings and parking lots. Being aware of these common dangers can help you recognize when a property owner might be responsible for your injuries.
Wet or slippery floors - Spilled liquids, recent mopping, or leaking refrigeration units create dangerous walking surfaces. These hazards are especially common in grocery stores, restaurants, and public bathrooms.
Broken or uneven steps - Cracked, loose, or missing steps can cause serious falls. Many older buildings in Mobile have staircases with inconsistent step heights or deteriorating materials.
Poor lighting - Dark stairwells, hallways, and parking areas make it hard to see obstacles or uneven surfaces. Burned-out lights in apartment complexes and shopping centers create dangerous conditions, especially for elderly visitors.
Inadequate security - Properties in areas with known crime problems may be liable for not providing proper security measures. Broken locks, missing security cameras, or lack of proper lighting can contribute to assaults or robberies.
Loose or missing handrails - Stairs and ramps without secure handrails create fall risks, particularly for older adults and people with mobility issues. Building codes require handrails of specific heights and strengths.
Cracked or uneven sidewalks - Tree roots, weather damage, and poor maintenance can create tripping hazards on walkways. Property owners are responsible for maintaining safe walking paths for visitors.
Falling merchandise - Improperly stacked items in retail stores can fall and cause injuries. Heavy items stored on high shelves without proper security pose serious dangers to shoppers.
Alabama uses a strict rule called contributory negligence in premises liability cases. This rule means you cannot get money for your injuries if you were even 1% at fault for what happened. For example, if you were texting while walking and tripped on a broken step, the property owner might claim you weren't paying attention and shouldn't receive compensation. This rule makes Alabama cases harder to win than in states with more forgiving laws.
Clear evidence becomes extra important because of this strict rule. Photos of the dangerous condition, witness statements, and accident reports help show the property owner was completely at fault. Medical records that link your injuries directly to the accident also strengthen your case. Working with a lawyer who understands Alabama's contributory negligence rule helps protect your right to compensation when you've been hurt on someone else's property.
When you win a premises liability case in Mobile, you can receive two main types of compensation for your injuries. Economic damages cover actual money you lost or spent, like doctor bills, hospital stays, physical therapy costs, and wages from missed work days. Non-economic damages pay for things that don't have clear price tags, such as physical pain, emotional suffering, and loss of enjoyment in daily activities when injuries prevent you from doing things you once loved.
Mobile courts look at several factors when deciding how much money to award in premises liability cases. Your age, the severity of your injuries, and how long your recovery takes all affect the final amount. Alabama law allows both these types of damages in personal injury cases, though punitive damages (extra money to punish property owners) are only awarded in rare cases where someone acted with extreme carelessness or deliberately ignored dangers.
Alabama law gives you two years from the date of your accident to file a premises liability lawsuit. This time limit, called the statute of limitations, starts counting on the day you were injured on someone else's property. If you wait too long and miss this deadline, courts will almost always dismiss your case, leaving you with no way to recover money for your injuries.
A premises liability lawyer brings valuable skills to your case when you've been hurt on someone else's property. They handle the complex legal work while you focus on healing from your injuries. Here's how a lawyer can help with your Mobile premises liability claim:
Gathering evidence. A lawyer collects photos of the dangerous condition, maintenance records, and security footage before it disappears. They also interview witnesses and get expert opinions about how the property should have been maintained.
Communicating with insurance companies. Your lawyer handles all talks with insurance adjusters who might try to get you to say things that hurt your case. They make sure your story is told correctly and completely.
Negotiating a fair settlement. Lawyers know what similar cases have settled for and can spot lowball offers. They point out all the ways your injury has affected your life to help get fair payment for your damages.
Preparing for trial if needed. If the property owner or insurance company won't offer a fair settlement, your lawyer gets ready for court. They prepare exhibits, question witnesses, and present your case to a judge or jury.
Ensuring deadlines are met. Your lawyer keeps track of Alabama's two-year time limit and all court filing deadlines. They make sure important paperwork is filed correctly and on time.
Proving the property owner's fault. In Alabama's strict contributory negligence system, your lawyer works to show the property owner was completely at fault for your accident. They help protect you from claims that you contributed to your own injury.
Calculating all your damages. A good lawyer adds up all your medical bills, lost wages, and future expenses. They also help put a value on non-economic damages like pain and suffering that don't come with receipts.
Here are answers to common questions people ask about premises liability claims in Mobile.
Can I file a claim if I fell on a friend's property?Yes, you can file a claim if you were injured on a friend's property. These claims typically go through your friend's homeowner's insurance, not directly against your friend. The insurance company handles the claim and pays any settlement. Many people worry about suing friends, but remember that homeowners buy insurance exactly for these situations.
What if the danger was not obvious?Non-obvious dangers often make for stronger premises liability cases. When hazards are hidden or hard to notice, property owners have a greater responsibility to either fix them or warn visitors about them. For example, if you fell through rotting floorboards that looked normal from above, the property owner likely had a duty to know about and repair this hidden danger.
Are commercial landlords treated differently from homeowners?Yes, commercial landlords generally face stricter standards than homeowners in premises liability cases. Businesses that invite customers onto their property for financial benefit owe the highest duty of care to keep their premises safe. Commercial landlords must regularly inspect their properties, promptly fix dangerous conditions, and warn visitors about any hazards that haven't been repaired yet.
Is there a minimum severity of injury needed?There's no specific minimum injury threshold for filing a premises liability claim, but practical considerations exist. Your injury should be serious enough to require medical treatment and cause actual damages (like medical bills or lost wages). Minor injuries with minimal impact on your life may not justify the time and expense of pursuing a legal claim, as the potential compensation might be limited.
How do I handle pushback from insurance companies?Insurance companies often challenge premises liability claims by questioning the danger's existence, suggesting you were at fault, or downplaying your injuries. Document everything about your accident - take photos of the hazard, get contact information from witnesses, keep all medical records, and save any communication with the property owner. Avoid giving recorded statements without legal advice, as your words might be used against you later.
Alabama's strict contributory negligence rule means even small mistakes in how you handle your claim could prevent you from getting any money for your injuries. A lawyer familiar with Mobile premises liability cases knows how to gather the right evidence and present your case in the strongest possible way.
At Krebs Personal Injury Lawyers, we handle the legal work while you focus on healing. Our Mobile premises liability lawyers understand local property laws and have experience dealing with insurance companies that try to avoid paying fair compensation. We can explain your options in simple terms and answer any questions you have about your specific situation.
Contact us today to schedule a free consultation about your premises liability case.
J.R. is dedicated to providing personalized representation, avoiding a one-size-fits-all approach. He tailors his strategy to the unique challenges and needs of each client and case, ensuring focused and individualized attention.
His practice mainly covers Plaintiff’s Personal Injury, including car and 18-wheeler accidents, slips and falls, dog bites, defective products, and wrongful death. He also handles commercial disputes on contingency, with experience in contracts, construction, and probate. For any dispute headed toward litigation, J.R. develops an aggressive strategy to maximize your recovery through negotiation, arbitration, or trial.
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