Property owners and businesses may have legal responsibilities to protect visitors from dangerous conditions on their property. When a person is seriously injured because a dangerous condition was not corrected or adequately addressed, the injured person may have a claim for compensation.

Henry C. Dailey has represented injured people in Alabama since 1987. The firm handles premises liability and serious injury claims in Birmingham, Shelby County, Jefferson County and throughout Alabama.

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Premises liability generally involves injuries caused by dangerous or unsafe conditions on property owned, occupied or controlled by another person or business.

The legal duties involved can depend upon why the injured person was on the property and the particular circumstances surrounding the accident.

Premises liability cases may involve:

• Slip and fall accidents 
• Wet or slippery floors 
• Broken or uneven sidewalks 
• Dangerous stairs or handrails 
• Poor lighting 
• Unsafe parking lots 
• Falling merchandise or objects 
• Inadequate maintenance 
• Certain negligent-security claims 
• Dog bites and animal attacks 
• Other dangerous property conditions 
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Slip and fall cases are among the most common premises liability claims.

Falls may occur because of spilled liquids, wet floors, merchandise or debris in walkways, uneven flooring, defective stairs, broken pavement or other dangerous conditions.

After a serious fall, evidence concerning the dangerous condition can disappear within minutes or hours. A spill may be cleaned, surveillance video may eventually be overwritten, merchandise may be moved, or a defective condition may be repaired.

Evidence that may become important includes:

• Photographs and video of the condition 
• Surveillance-camera footage 
• Incident reports 
• Witness statements 
• Inspection and cleaning records 
• Maintenance records 
• Employee testimony 
• Prior complaints or incidents 

Preserving evidence early can be extremely important in a premises liability case.

I would replace your existing four-element section rather than trying to patch it.

Whether a property owner or business may be responsible depends upon the particular circumstances of the accident.

Important questions can include:

Who controlled the property?
The person or business responsible for maintaining the area may be an important party in the claim.

What dangerous condition caused the injury?
Evidence should identify the specific condition that caused the accident.

Did the responsible party create or have notice of the condition?
In many premises-liability cases, whether the defendant created, knew about, or legally should have known about the dangerous condition can become a central issue.

Did the dangerous condition cause the injuries?
Medical records and other evidence may be necessary to connect the accident to the injuries and damages claimed.

Alabama follows the doctrine of contributory negligence. A defendant may argue that an injured person's own negligence contributed to the accident and prevents recovery.

For that reason, statements made immediately after an accident, photographs of the scene, surveillance video, witness testimony and other evidence can become extremely important.

Do not assume that you do not have a case simply because the property owner or insurance company claims you should have seen the hazard. The specific facts and applicable law should be evaluated.

Dog bites and animal attacks can cause serious injuries, permanent scarring, nerve damage, infection and emotional trauma.

Alabama law provides several potential avenues for determining responsibility for injuries caused by dogs. The applicable law and potential liability depend upon the particular circumstances of the attack.

Important evidence may include:

• Where the attack occurred 
• Who owned or controlled the dog 
• The dog's previous behavior 
• Prior complaints or incidents 
• Whether the owner knew of dangerous tendencies 
• Witness testimony 
• Photographs and video 
• Animal-control or police records 

Dog-bite cases should be evaluated individually under the facts and applicable Alabama law.

Depending upon the circumstances, potentially responsible parties may include:

• Property owners 
• Businesses 
• Commercial tenants 
• Landlords 
• Property-management companies 
• Maintenance companies 
• Contractors 
• Other parties responsible for creating or correcting the dangerous condition 

Determining who controlled the area where the accident occurred can be an important part of investigating a premises liability claim.

Depending upon the circumstances, compensation may potentially include:

• Medical expenses 
• Future medical treatment 
• Lost wages 
• Loss of earning capacity 
• Physical pain and suffering 
• Permanent impairment 
• Scarring or disfigurement 
• Other damages permitted under Alabama law 
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If possible:

1. Report the accident immediately. 
2. Photograph the exact condition that caused the accident. 
3. Get the names and contact information of witnesses. 
4. Request that an incident report be prepared. 
5. Seek appropriate medical treatment. 
6. Preserve your clothing and shoes. 
7. Avoid giving unnecessary recorded statements before understanding your rights. 
8. Consider contacting an Alabama premises liability attorney promptly so potentially important evidence can be identified and preserved. 

Henry C. Dailey has represented injured people since 1987.

With nearly four decades of Alabama personal injury and trial experience, Henry represents people seriously injured because of the negligence of others.

Serving Birmingham, Shelby County, Jefferson County and communities throughout Alabama.

If you have been seriously injured in a slip and fall, dog attack, or other accident caused by an unsafe property condition, contact Henry C. Dailey Injury Law Firm to discuss your case.

NO ATTORNEY FEE UNLESS WE RECOVER COMPENSATION FOR YOU

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