Premises Liability Law Can Protect You

As the weather cools and summer ends, it means the start of autumn, which carries its own delights. From Halloween parties to other, less wholesome pursuits, it is important to protect yourself when visiting premises with which you are unfamiliar. If you find yourself on someone else’s property, the law of premises liability can help you remember your rights and responsibilities – and that of the property owner.

If you are injured on someone else’s land, it can be confusing to know whether you even have a case for damages. The Birmingham premises liability attorneys at Goldasich, Vick & Fulk can help clarify your options and guide you through the legal process if you turn out to have a case. We are ready to help you recover.

Duty Of Care Varies

The law of premises liability is intended to protect visitors to others’ property or businesses, and to allow them to receive compensation if they are injured there due to negligence. Alabama recognizes three types of visitors, each owed a different duty of care by the property or business owner. They are:

• Invitees (who may be ‘public’ or ‘business’ visitors; a business visitor is a customer at a shop, while a public invitee is a visitor to public land like a park or municipal pool);
• Licensees (visitors who are present on their own business); and
• Trespassers.

Depending on the class of the visitor, a property owner must exercise different levels of care for their safety. For example, the only duty owed to an adult trespasser is to refrain from willfully injuring them – but for an invitee, the property owner must eliminate any dangers (if possible), and clearly warn for any that cannot be eliminated. Failure to do so is actionable.

Exceptions For Child Trespassers

While adult trespassers assume the risk of injury in most cases, the same is not true for children, who cannot necessarily be expected to be aware of all the possible dangers on unfamiliar premises. State law observes what is known as the ‘attractive nuisance’ doctrine, which essentially holds a property owner liable for a child trespasser’s injuries if certain criteria apply.

In general, if a dangerous condition exists on the property, and a child would (1) be attracted to it and (2) not necessarily realize its dangerousness, the property owner will be held liable if it is “reasonably foreseeable” for injury to occur. For example, if a child is interested in a half-finished construction site, and they are injured while playing in it, it is reasonable for the property owner to be aware of the site’s potential for injury.

Confused? We Can Help

If you have been injured on another person’s property, your first concern should be treating the injury – but if you believe that negligence is the cause, contacting a Birmingham premises liability attorney may help. Goldasich, Vick & Fulk has handled many of these types of cases, and we will work hard to see yours to a good outcome. Call our office today at (205) 731-2566 to schedule a consultation.