All property owners have a responsibility to maintain a safe environment for those entering their premises. This responsibility requires private and commercial property owners and managers to regularly inspect their properties, make necessary repairs as needed, and curb traffic to faulty areas to prevent others from inadvertently harming themselves.
When poor maintenance, lack of security, or other derelictions cause an injury to a visitor, the property owner may be liable for the injuries. If you have sustained an injury due to unsafe conditions at a business or on private land in Montgomery, Alabama, you may be eligible to file a premises liability claim. You could receive compensation to cover your medical bills, recoup lost wages while you were away from work, address the pain and suffering you experienced, and possibly more.
The Montgomery personal injury attorney with the Law Office of Dwayne L. Brown can manage your insurance claim and settlement negotiations while you recover from your injuries. We have 30 years of experience helping injured victims like you. We can provide you with a free case consultation and work on contingency, so there are no fees unless we win a settlement or court award. Call us today to get started.
Homeowner and Business Liability Insurance Coverage
Most premises liability claims are covered under homeowner or business liability insurance. If you trip and fracture a bone due to an unlevel walkway at an acquaintance’s home, their home insurance may cover your medical bills and other costs. The same is true of businesses. When a slippery floor or sidewalk causes a slip and fall injury, the business may be liable, and their insurance may pay for the claim.
Pursuing compensation through a premises liability claim does come with some challenges. It can be especially challenging to represent yourself against the large insurance companies while you are injured. This is where our personal injury lawyer can help. They can explain how the property owner is liable and develop your case for compensation.
How Our Montgomery Premises Liability Lawyer Can Help You
A premises liability lawyer from our law firm can provide you with several services. Our goal is to remove as much burden from your shoulders as possible so that you have the time and peace needed to recover from your injuries. Here’s how we can help:
Free Case Consultation
We are a client-first law firm. For us, it’s not about the lawyer. It’s about you and your needs. That’s why we start every new case with a free consultation. During the consultation, we want to learn about your case. We want to hear your story. You can ask us questions and express any concerns you may have. It gives you and our law firm a chance to develop a personal relationship.
Investigation and Evidence Collection
Once we take on your premises liability case, our premises liability law firm will get to work investigating the accident and collecting relevant evidence. We will collect such evidence as:
- Medical records discussing your injuries and prognosis
- Accident report describing the event and conditions on the day
- Photos of the accident scene, your injuries, and anything that may be pertinent
- Video from surveillance cameras, if available
- Eyewitness statements that can corroborate your own or add new details
- Previous complaints that were never addressed
We will also elicit assistance from experts in medicine, finance, and accident reconstruction. Their testimonies can instruct and clarify details of the accident, your injuries, and the hardships your injuries will cause.
Proving Negligence
Identifying and proving negligence in a premises liability case can be more difficult than in other accident cases. The four elements of negligence still apply:
- Duty of care: The property owner’s or building manager’s responsibility to maintain safe conditions on their property or place of business.
- Breach of duty: Their failure to address and repair a known hazard.
- Causation: The hazard caused an accident, and the victim was injured as a result.
- Damages: The victim now faces hardships from the accident.
Proving the property owner ignored their duty of care to avoid harming visitors to their property is often difficult, but our premises liability lawyer understands the law and can demonstrate how negligence occurred in your case.
Calculating Your Losses
Evidence in your case also allows us to assess and calculate your damages. Damages are often categorized as economic and non-economic. Economic damages cover the direct financial impact the accident has had on you, whereas non-economic damages are more subjective. They represent the effect on your quality of life. We have access to the tools necessary to calculate the full extent of your losses. With that knowledge, we can negotiate for a settlement that covers all your needs.
Filing Claims and Negotiating for Fair Compensation
Once we have compiled our evidence, we will file your claim with the liable party’s insurance company. In some instances, there can be multiple liable parties. In those instances, we will file claims with all of them.
We will also handle all your communications. We will negotiate with the insurance companies and advise you on your choices. We will always give you our professional opinion on your best options.
Representation in Court
If, during negotiations, we cannot reach a fair settlement offer from the insurance company, we will be prepared to take your case to court. We will:
- Filing court documents
- Preparing arguments and strategies
- Conducting depositions
- Finalizing witness lists and exhibits
- Preparing witnesses for testimony
- Reviewing jury selection and strategies
- Final pre-trial conferencing with clients
Thankfully, most cases settle out of court, and we will always leave that option open to the defendant, but we will take your case through to the end so that you get the compensation you and your family deserve.
Legal Guidance and Support
Throughout this legal process, we will make ourselves available to you. We will regularly check in with you on your progress and provide you with updates on your case. We can also provide suggestions for doctors and healthcare professionals so that you receive the best care possible.
You and our lawyer are a team, and we only want to achieve what is best for you. Receive your free case consultation when you call us today.
Accidents That Qualify as Premises Liability Cases
It is not just slip and fall injuries that are covered by premises liability laws. Many unsafe conditions can occur that can put you at risk of injury, especially on commercial or business properties. Poor security can lead to criminal attacks, rapes, and even shootings that can cause injuries or death. Construction issues with stairs, decks, and balconies can cause serious injuries.
The Montgomery premises liability attorney with the Law Office of Dwayne L. Brown handles many types of premises liability injury lawsuits in Alabama, including:
- Faulty electric
- Structural failures
- Unsafe stairways and railings
- Swimming pool accidents
- Apartment/hotel rapes or attacks
- Assaults and shootings
- Balcony or deck collapses
- Falling merchandise
- Fires in apartments or hotels
- Inadequate building or apartment security
- Pitbull and dog attacks
If you have been injured on another person’s property, we can discuss your case with you and explain the options available.
The Severity of Your Injuries Will Affect Your Settlement
Injuries following premises liability can run the gamut, but the nature and severity of those injuries will influence the medical care you require. Such injuries could include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries (SCI)
- Fractured wrists, ankles, and knees
- Dislocations
- Burns
- Toxic exposure
Any one of these injuries could result in hospitalizations, surgeries, rehabilitation, therapy, and training. That care can become expensive, and it should not be your responsibility to cover that expense.
Other Damages You Could Collect in Your Montgomery Premises Liability Claim
In addition to receiving compensation to cover your medical bills, you may also request compensation for the time you missed at work. Lost income can cover hourly wages, salary, tips, and bonuses. It could also include any benefits and opportunities you missed while you were recovering.
In fact, the damages you could request in your case may include such things as:
- Reduced earnings capacity
- Pain and suffering
- Property damage
- Diminished quality of life
- Emotional distress, such as depression and anxiety
- Permanent disability
Our premises liability lawyer can review all the damages you could request for compensation.
You Have Two Years to File a Premises Liability Lawsuit in Alabama
Premises liability cases fall under personal injury cases. As such, you generally have a two-year window starting on the date of the accident to file a personal injury lawsuit, per AL Code § 6-2-38. Failure to file a lawsuit before this deadline expires could bar you from seeking compensation through a trial.
Your right to file a lawsuit is often used as leverage when negotiating fair compensation from the insurance companies. Without this right, the insurance companies may only pay what they feel your claim is worth, or they may deny your claim altogether.
Our premises liability attorney in Montgomery, AL can protect your right to sue, but only if you contact us soon enough. Getting an early start also helps us secure evidence before it is lost, faded, or destroyed.
Call the Law Office of Dwayne L. Brown for Your Free Case Consultation
Premises liability claims are often more complex than just contacting the property owner’s insurance company. To ensure your claim is taken seriously and all possible compensation is granted, contact the Law Office of Dwayne L. Brown in Montgomery to discuss your case.
The premises liability attorney serving Alabama at our law firm can manage your claim from start to finish, giving you time to recover. Call us today to get started.
Montgomery Premises Liability FAQs
Can I still file a claim if I signed a liability waiver before the incident?
Yes, you may still file a claim. In Alabama, liability waivers are not always enforceable—especially if the property owner was grossly negligent or if the waiver is vague or overly broad. Waivers also can’t legally bind minors. A court may still allow your claim depending on the circumstances and how the injury occurred.
Will any contributory negligence on my part reduce or bar my compensation in Montgomery, AL?
Yes, Alabama follows a strict contributory negligence rule. If you are found even 1% at fault for your injury, you may be barred from recovering any compensation. This makes it critical to have strong evidence and legal support when pursuing a premises liability claim.
What if the hazardous condition was caused by a contractor or maintenance crew?
In Alabama, both the property owner and the contractor may be held liable, depending on who had control over the area and responsibility for safety. Property owners can’t fully avoid liability by blaming third parties if they knew or should have known about the hazard. You may be able to file a claim against one or both parties based on the circumstances.
What role do warning signs play in a premises liability case in Montgomery, AL?
Warning signs can help a property owner show they took steps to alert visitors of a known danger. However, a sign doesn’t automatically release them from liability—especially if the hazard was still unreasonably dangerous. Courts will consider whether the warning was clear, visible, and adequate under the circumstances.
Law Office of Dwayne L. Brown
Address: 2740 Zelda Road, Suite 500 Montgomery, AL 36106
Phone: 334-277-3757
Opening Hours: Available 24/7
