Alabama Personal Injury and Premises Liability Lawsuits
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There are four main things a plaintiff in a Alabama premises liability lawsuit must prove:
- The property was in or contained a dangerous condition;
- The dangerous condition caused the injury;
- The owner or person controlling the property knew or should have known about the dangerous condition;
- The owner or person controlling the property had a reasonable opportunity to fix the hazardous condition.
For example, if an apartment building sidewalk has been out of repair for a long time and the tenants have complained about it, the owner will be liable if someone trips and falls. On the other hand, if the sidewalk is in good repair, but some ice falls off a roof just before someone comes by and slips, the owner will probably not be responsible since there wasn’t enough time to discover or fix the hazardous condition.
The details of what a plaintiff must prove will depend on whether the plaintiff was an invitee, licensee, or trespasser on the property at the time the injury occurred. The usual steps in a premises liability lawsuit include:
- Preliminary settlement negotiations;
- Plaintiff files a lawsuit;
- Defendant(s) files an answer to the lawsuit in court;
- The parties do discovery (get evidence and information from each other and other people through documents, testimony, and physical evidence);
- Settlement conference;
- Collection of damages, if the plaintiff wins the case.
A premises liability dispute may be settled outside of court or it may become a lawsuit and either settle or go to trial. Cases are very different from each other and there is no definitive way to estimate how long one will take. Whether the case is settled or goes to trial, it will be to your advantage to have a qualified Alabama premises liability lawyer representing you.
If you were injured due to a dangerous condition on someone else’s property, contact an experienced Alabama personal injury liability lawyer right away. A qualified premises liability lawyer can provide expert advice on your rights and the merits of your case, as well as how much time you have to file your premises liability lawsuit.
If you would like to have your case evaluated by an experienced Alabama premises liability attorney, fill out our case evaluation form at no cost or obligation.