Owning or renting property in Alabama is a significant responsibility, especially when that property is open to guests or the public. Neglecting that responsibility can lead to adverse conditions that make the property unsafe, which could result in someone getting injured. A simple fall on a wet spot or rough part of a parking lot can end up meaning thousands of dollars in medical bills, missed work, and possibly even permanent aches and pains.
These instances can happen every day in Birmingham, and leave you in need of assistance. At Morgan & Morgan, our slip and fall team in Birmingham understands how serious this type of injury can be. We know who to hold accountable and will try to compel them to compensate you for your injuries. Fill out our free case evaluation form to learn more today.
The Duty of Care for Property Owners in Alabama
Alabama generally practices a system of reasonable care, meaning the owner or tenant (occupier) is responsible for their property. However, the Alabama Supreme Court defines this duty so that if warning is given for dangerous properties and can be exercised with ordinary care, that warning diminishes an occupier’s liability.
This responsibility is extended primarily to invitees, or individuals who the occupier allows onto the property for business or other purposes, such as if it the property were open to the public. Licensees or trespassers, who are on the property for their own purposes or illegally, have few protections under the law from danger caused by the occupier.
The “Attractive Nuisance Doctrine”
Children who are injured on another’s property, even while trespassing, may still have the right to receive compensation under the “attractive nuisance doctrine,” which is still followed in Alabama.
This rule determines that a property occupier may be liable for an injury to a trespassing child if:
- The occupier knew, or should have known, that children were likely to be present near the property
- The occupier knew or should have known that there was a condition on the property that could cause harm to those children
- The cost or burden of alleviating that danger is slight compared to the potential harm
- The occupier fails to take reasonable steps to alleviate that danger and a child is injured as a result
A Birmingham Slip and Fall Attorney Can Help You Get Justice
Getting compensation after being injured by dangerous conditions on another’s property is difficult. There are frequently multiple parties involved, including landowners, tenants, property managers, and maintenance contractors, none of whom want to take the blame and all of whom want to blame you.
At Morgan & Morgan, we understand the difficulty of a slip and fall case and can work to ensure occupiers are held responsible for the damage they cause you. If you or someone you love has suffered an injury from a slip and fall accident, please fill out our risk-free, no-cost case evaluation to find out more about how one of our attorneys may be able to help.