Dothan Premises Liability Lawyers

Dothan Law Group’s premises liability lawyers represent people hurt by unsafe conditions on someone else’s property in Dothan, Houston County, and throughout Southeast Alabama. These cases can involve stores and restaurants, apartment complexes and rental homes, hotels, offices, parking lots, and private residences.

Common hazards include wet or slippery floors, uneven sidewalks and curbs, broken stairs or handrails, falling merchandise, poor lighting in stairwells and parking lots, unrepaired defects, swimming pool hazards, and inadequate security. If your injury came from a fall, our page on slip-and-fall claims goes into more detail.

What do I have to prove in an Alabama premises liability case?

You generally have to show that a dangerous condition existed, that the owner or the party in control of the property knew or should have known about it, and that the condition caused your injury. Getting hurt on someone else’s property is not enough on its own. Alabama law does not make a business an insurer of its customers’ safety.

Much of the case turns on knowledge. Did an employee create the hazard? Had someone complained about it? Had it been there long enough that a reasonable inspection would have found it? Maintenance logs, inspection records, prior incident reports, and surveillance video often answer these questions, which is why preserving them early matters.

Does it matter why I was on the property?

Yes. Alabama law sorts visitors into three main groups, and the owner’s duty is different for each.

Most premises claims involve invitees, because most injuries happen at businesses. A customer at a grocery store on Ross Clark Circle is in a very different legal position from a guest at a backyard cookout. Children can also be treated differently. Alabama recognizes special rules for certain dangerous conditions that are likely to attract children who do not appreciate the risk.

Status is not always obvious. A person may start as an invitee and become a licensee by wandering into an area the public is not invited into. These details can change the outcome, so they are worth sorting out early.

Alabama-specific: Alabama follows strict contributory negligence. If the property owner can show you were even slightly at fault for your own injury, for example by not watching where you were walking, it may argue you cannot recover at all. Our guide to contributory negligence in Alabama explains how this rule works.

What if the owner says the danger was open and obvious?

This is one of the most common defenses in Alabama premises cases. The argument is that the owner had no duty to warn you about a hazard you knew about or should have seen if you were using reasonable care.

Whether a condition was truly open and obvious is usually a question of fact. Courts look at things like:

• Lighting and visibility at the time of the injury
• Where the hazard was and whether it blended into its surroundings
• Whether displays, crowds, or other distractions drew attention elsewhere
• What the injured person was reasonably doing at the moment
• Whether the person had seen the hazard before

Do not assume you have no claim just because an insurance adjuster says you should have seen the hazard. Photographs of the scene, video, and witness accounts often show a very different picture than the owner’s version.

Can I bring a negligent security claim after an assault on someone’s property?

Sometimes, but Alabama sets a high bar. As a general rule, property owners are not responsible for crimes committed by third parties on their property. An exception may apply when the owner knew or should have known that criminal conduct was likely, for example because of prior similar crimes on or near the property, and failed to take reasonable steps such as adequate lighting, working locks, controlled access, or security staff.

Negligent security cases can arise at apartment complexes, hotels, bars, convenience stores, and parking lots. They often depend on police call records, prior incident reports, and the property’s own security policies. Because the foreseeability requirement is demanding, these claims need careful investigation before any decision is made.

Who can be responsible besides the owner?

The responsible party is often whoever controlled the area where the injury happened. That may be the owner, a tenant business, a landlord or property management company, a maintenance or cleaning contractor, or a security company. At apartment complexes and rental properties, the lease and who controlled the area (a tenant’s unit versus a shared stairway, for instance) often decide who is responsible.

What should I do after an injury on someone else’s property?

1. Report it. Tell the manager, landlord, or an employee what happened, and ask how to get a copy of any incident report.
2. Photograph the hazard. Spills get cleaned and defects get repaired. Take close and wide photos if you can.
3. Get witness names. Collect contact information for anyone who saw the injury or the condition.
4. Get medical care. Some injuries show up later, and medical records document when symptoms began.
5. Keep evidence. Save your shoes, clothing, receipts, and any messages about the incident.
6. Be careful with statements. Talk to a lawyer before giving a recorded statement to the owner’s insurer.

If you already left without photos or witness names, you may still have a claim. Other evidence may exist, and a lawyer can request that the business preserve its surveillance video and records.

What compensation may be available?

Depending on the facts, damages may include medical expenses, future treatment, lost wages, loss of earning capacity, physical pain, mental anguish, and permanent injury or impairment. Serious falls and other premises injuries can cause broken bones, head injuries, back and neck injuries, and knee and shoulder damage that affect a person’s ability to work for a long time. There is no formula for valuing these claims; the evidence of fault and the extent of the injury drive the value.

How long do I have to file a premises liability claim?

Many Alabama personal injury lawsuits must be filed within two years of the injury under Ala. Code § 6-2-38. If the injury happened on property owned by a city, a written claim generally must be presented to the city within six months under Ala. Code § 11-47-23. Other exceptions may apply. See our Alabama statute of limitations guide.

Talk to a Dothan premises liability lawyer

We investigate the condition, request surveillance video and maintenance records before they are lost, identify everyone who may share responsibility, and find the available insurance. The first consultation is free. Premises cases are typically handled on a contingency fee, so there is no upfront attorney’s fee and the fee comes from a recovery.