Premises Liability in Birmingham Personal Injury Cases

Some Birmingham personal injury cases may be tried under the legal theory of “premises liability.” Premises liability cases arise when someone sustains an injury while on the property of another. Under this theory, a property owner has the legal responsibility to maintain his or her premises in a condition that reduces risk of injury or death to potential users of the property. A landowner’s liability will be different for different classes of people who enter the premises or use facilities located on the property. There are three main classes of users that the law recognizes in premises liability suits:

• Invitees:  An invitee is a person, such as a customer or job applicant, who is invited onto the property for business reasons. Property owners owe the highest degree of care to invitees to ensure that they are safe from dangers that may lurk on the premises. What this means is that the property owner not only has a duty to repair and correct known dangers, but also to reasonably inspect for, discover, and correct unknown hazards in those areas of the premises that are not clearly labeled “employees only” or “private.”

• Licensees:  A licensee is a social guest, permitted onto the property for social purposes. Property owners are required to ensure that the conditions on the property are safe for licensees, though the degree of care is lower to licensees than to invitees. The property owner is only required to take reasonable care to protect licensees from any known risks. There is no requirement that the property owner inspect for and discover unknown risks to licensees.

• Trespassers:  A trespasser is someone who is not authorized to be on a given piece of property. Landowners are not obligated to protect trespassers who intrude on their land without permission. The landowner’s duty of care in this case is called “zero duty,” although they cannot intentionally injure trespassers. However, a different rule applies if the trespassers are children, who were lured onto the property by an “attractive nuisance,” such as a swimming pool. In this case, the landowner has a responsibility to investigate potential dangers and warn trespassers of dangers that are not obvious.

In all matters involving Birmingham personal injury, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you have suffered a personal injury, call the Birmingham injury lawyers at The Walker Law Firm now at (877) 925-5373 or SUBMIT A FREE CASE EVALUATION. The initial consultation is free of charge, and if our Birmingham personal injury attorneys agree to accept your case, we will work on a contingent fee basis, which means our Birmingham injury attorneys get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.