What happens if you get hurt while on someone else’s property in Alabama?
Well, it all depends.
Alabama law places different duties upon a landowner depending on the nature of the injured party.
There are different rules for business invitees, licensees, and trespassers.
If you are a “business invitee,” that is, if you are on the owner’s premises at the invitation of and for the commercial benefit of the owner, that owner has a duty to use ordinary care to warn and protect you from unreasonable hazards which he knew about or should have know about.
A simple example of a business invitee is a person shopping in a store. Alabama law places a duty on a storekeeper to exercise reasonable care to provide and maintain reasonably safe premises for the use of his customers. But this does not mean that the storekeeper is an “insurer of the customer’s safety”. Instead, the storekeeper is liable for injury only if he negligently fails to use reasonable care in maintaining his premises in a reasonably safe condition.
On the other hand, if you are a “licensee”, the duty you are owed by the property owner is less than that owed a business invitee. An example of a licensee is a social guest. A property owner is liable for the injuries to you, as a licensee only if: 1. the owner knew or should have known of the dangerous condition and expected that you would not discover or realize the danger, 2. the owner failed to exercise reasonable care in making the condition safe or to warn you about it and 3. you did not know or have reason to know of the danger.
The lowest duty is that owed to a “trespasser”. A trespasser is someone who is on another’s land without their express or implied permission. Generally, if you are trespassing, the duty owed by the landowner is not to intentionally injure you and to use reasonable care to warn you of known dangers once your presence is discovered.
Premises liability claims are common. One example is a “slip and fall” or “trip and fall” case. This sort of accident takes many forms. A plaintiff may slip on spilled liquid in a grocery aisle, trip on an uneven sidewalk or fall over items left on the floor. Depending on your status and the facts, you may have a premises liability claim.
If you believe you have been injured due to the negligence of a landowner, call us today for a free consultation at 205-553-5353 or come by our Tuscaloosa office to meet our personal injury attorneys.
Lewis, Lewis & Falkner, LLC. | Attorneys at Law | 2224 15th Street Tuscaloosa, AL 35401
Phone: +205 553 5353 | Fax: +205 553 5593
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