Every year, people in Alabama are injured while on the property of others. Property owners and businesses have a duty to ensure that they maintain their property in a reasonably safe condition for their customers, and other visitors. If the property owner or business knows about a hidden danger, they are required to effectively warn others of these dangers. Premises liability involves the property owners’ duty to maintain safe conditions for people coming on their property.
Despite what many people may think, these types of cases are often very difficult cases for the injured party and the outcome is typically determined by the legal status of the injured person.
Under Alabama law, the injured person could be designated as an Invitee, a Licensee, or a Trespasser.
Generally, if the owner by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he may be found liable for injuries caused by his failure to exercise ordinary care in keeping the premises reasonably safe. This type of status is often found where a customer enters business as a business invitee. The invitation can be express or it can be implied from customary use the premises. The duty that is owed by the premises owner is highest where the injured person is an invitee.
A licensee is a person who is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification. A social guest may not be considered an “invitee,” even though the social guest may have been invited. The duty owed to the licensee is lower.
A trespasser is a person who enters the premises of another without permission and for the trespasser’s own benefit. Understandably, the duty owed to trespassers is the lowest of all. However, the premises owner may still be liable to “trespassers” if the property owner sets a pitfall to injure him.
In Alabama, by statute, it is very difficult to recover against a land owner who holds his property open for recreational use.
Criminal assaults on business premises. A business owner is typically not responsible for the criminal acts of third parties. There are some exceptions to this rule and it is important that you get advise from a lawyer experienced at handling premise liability case.
There are many different types of viable premises liability cases, including but not limited to:
If you or someone you know was injured and may have premises liability claim, contact Pittman, Dutton, Hellums, Bradley & Mann today. Our office is located in Birmingham, but we have represented clients in every county in Alabama.
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I have nothing but great things to say about this firm. Initially I mostly spoke to Rebecca & she made me feel very comfortable in a stressful situation. Later many of my calls were with Jon Mann & he also spoke to me with respect & thoughtfulness. Kind of strange but a close bond between lawyers & a client but not only did we discuss the matter at hand but we would discuss our personal lives & the good & bad going on in my life & their concern for my health was comforting. I would definitely recommend this firm! Keep up the great work guys.
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My case was one that was a part of a nationwide claim. I researched and prayed for the appropriate attorney and I found that in Mike Bradley. While my case lasted, Mike and his assistant Karen stayed current and knowledgeable on the status and updates. I never once called or emailed that one of them didn't respond to me immediately. Mike would call to answer an email because he felt it would be more personal and efficient than typing. I highly recommend this firm.
I would like to express my gratitude to Mr. Jon Mann of Pittman, Dutton, Hellums, Bradley & Mann. I am so grateful for your knowledge, passion, dedication, and professionalism you have exhibited through this entire ordeal. Mr. Jon Mann took in all the relevant information, analyzed it and created a plan to settle my case. Again, I value the help you've given me. Thank you!!
I was very pleased with the work that Pittman, Dutton, Hellums, Bradley & Mann did for us. I had been injured in a car accident and was in quite a bit of pain for sometime. They always treated me like a person and not a case—never failed to return a call and kept us apprised of what was going on. I had a time when I had to be totally focused on recovery, they were able to take care of the situation and I didn’t have to worry about it. I owe this firm a lot of thanks.
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