DOTHAN PREMISES LIABILITY LAWYER

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Property owners and businesses have responsibilities to people who lawfully enter their property. When dangerous conditions are not properly addressed and someone is injured, the property owner, business, or another responsible party may be liable for the resulting injuries and losses.

Dothan Law Group represents people injured in premises liability accidents in Dothan, Houston County, and throughout Southeast Alabama. These cases can involve slip-and-fall accidents, trip-and-fall accidents, unsafe walkways or stairs, inadequate maintenance, falling objects, dangerous store conditions, inadequate lighting, and other hazards on residential or commercial property.

Premises liability cases often depend on what the property owner knew—or should have known—about the dangerous condition before the injury occurred. Evidence can disappear quickly, including surveillance video, photographs of the condition, incident reports, witness information, and maintenance records. Investigating and preserving that evidence early can be important.

 If you were injured because of a dangerous condition on someone else's property, contact Dothan Law Group for a free consultation. There is no upfront attorney's fee, and we only receive an attorney's fee if you recover money in your case. 

Premises liability is a broad area of law involving injuries caused by dangerous or unsafe conditions on another person's property. These accidents can occur at stores, restaurants, apartment complexes, hotels, offices, parking lots, private residences, and other commercial or residential properties.

Dothan Law Group handles premises liability claims involving:

• Slip-and-fall accidents caused by wet or slippery floors
• Trip-and-fall accidents caused by uneven flooring, sidewalks, curbs, or other hazards
• Unsafe stairs, steps, handrails, and walkways
• Falling merchandise or other objects
• Poor lighting in stairwells, parking lots, or walkways
• Dangerous conditions at stores, restaurants, and other businesses
• Inadequate maintenance or failure to repair known hazards
• Injuries at apartment complexes and rental properties
• Swimming pool and recreational-area hazards
• Other dangerous conditions on commercial or residential property

Whether a property owner is legally responsible depends on the particular facts of the accident, including why the injured person was on the property, how the dangerous condition arose, whether the owner or occupier knew or should have known about it, and whether adequate steps were taken to correct the condition or warn visitors.

Simply being injured on someone else's property does not automatically mean the property owner is legally responsible. In an Alabama premises liability case, the facts surrounding the dangerous condition and the property owner's knowledge of that condition can be extremely important.

Depending on the circumstances, an injured person may need to establish that a dangerous condition existed, that the responsible property owner or occupier knew or should have known about the condition, and that the dangerous condition caused the person's injuries.

The legal duties owed by a property owner can also depend on why the injured person was on the property and other circumstances surrounding the accident. For example, a customer entering a business generally presents different legal issues from someone entering property without permission.

Alabama's contributory negligence law can make premises liability claims particularly difficult. A defendant or insurance company may argue that the injured person saw the hazard, should have seen it, or otherwise contributed to the accident. Under Alabama law, contributory negligence can potentially prevent an injured person from recovering damages. For that reason, photographs, surveillance footage, witness statements, incident reports, maintenance records, and other evidence concerning the condition can become especially important.

 Property owners and insurance companies may argue that a dangerous condition was "open and obvious" and that the injured person therefore should have recognized and avoided it. Whether that defense applies depends on the particular facts and circumstances. Photographs of the scene, lighting conditions, the location and appearance of the hazard, witness testimony, surveillance footage, and other evidence may become important when evaluating this issue. 

What you do after an accident can affect both your health and your ability to document what happened. If you are injured because of a dangerous condition on someone else's property, consider taking the following steps when reasonably possible:

1. Report the accident.
Tell the property owner, manager, landlord, or an employee what happened. If an incident report is prepared, ask how you can obtain a copy.

2. Photograph or video the dangerous condition.
Conditions can change quickly. A spill may be cleaned up, damaged flooring may be repaired, or an object may be moved. If possible, photograph the condition that caused the accident and the surrounding area.

3. Identify witnesses.
Obtain the names and contact information of anyone who saw the accident or the dangerous condition.

4. Seek appropriate medical treatment.
Some injuries may not be immediately apparent. Medical records can also help document when your symptoms began and the treatment you required.

5. Preserve evidence.
Keep photographs, videos, damaged clothing or footwear, receipts, medical records, correspondence, and other information related to the accident.

6. Be careful about statements to insurance companies.
An insurance representative may ask for a recorded statement about how the accident occurred. What you say may later become important if fault is disputed.

7. Speak with an attorney promptly.
Important evidence may be controlled by the property owner or business. Surveillance video, inspection records, maintenance records, and other evidence may not be preserved indefinitely. An attorney can evaluate whether steps should be taken to request preservation of relevant evidence.

If you have already left the property without taking photographs or obtaining witness information, that does not necessarily mean you cannot pursue a claim. Other evidence may still be available, and the circumstances of each case are different. 

The compensation available in a premises liability claim depends on the circumstances of the accident, the nature and extent of the injuries, the financial losses caused by those injuries, and other facts specific to the case.

Depending on the circumstances, recoverable damages may include:

• Medical expenses related to the injury
• Future medical treatment reasonably required because of the injury
• Lost wages and other lost income
• Loss of future earning capacity in appropriate cases
• Physical pain and suffering
• Mental anguish
• Permanent injury, impairment, or disability
• Other losses recoverable under Alabama law

Serious falls and other premises accidents can result in broken bones, head and brain injuries, neck and back injuries, shoulder and knee injuries, scarring, and other conditions that may require extensive treatment or affect a person's ability to work and perform normal activities.

An insurance company's evaluation of a claim does not necessarily determine its legal value. Dothan Law Group evaluates the circumstances of the accident, available evidence, insurance coverage, medical treatment, lost income, and the effect of the injuries on the client's life when determining how to pursue a premises liability claim.

Dothan Law Group handles premises liability injury cases on a contingency-fee basis. There is no upfront attorney's fee. Our attorney's fee is paid only if the client receives money through a settlement or recovery in the case.

We also offer a free initial consultation so you can discuss what happened and learn about your legal options without paying a consultation fee.

In many Alabama personal injury cases, a lawsuit must be filed within two years of the date of the injury. However, different deadlines or rules may apply depending on the circumstances and the parties involved. Because missing an applicable deadline can prevent a claim from being pursued, it is important to determine the deadline that applies to a particular case rather than waiting until the end of the two-year period. 

Possibly. The absence of a warning sign can be important, but it does not automatically establish liability. The circumstances surrounding the dangerous condition, how long it existed, whether the property owner or business knew or should have known about it, and whether a reasonable warning or corrective action was provided may all be relevant. 

Depending on the circumstances, a person injured by a dangerous condition in a store may have a premises liability claim against the business, property owner, or another responsible party. These cases often involve questions about how the hazard arose, how long it existed, whether employees knew or should have known about it, and what the business did to inspect for or correct dangerous conditions. 

Injuries at apartment complexes and rental properties can involve dangerous stairs, broken handrails, inadequate lighting, unsafe walkways, unrepaired defects, and other hazardous conditions. Whether a landlord, property manager, maintenance company, or another party may be responsible depends on the circumstances, including control of the area and knowledge of the condition.