Premises Liability


Huntsville, AL, Premises Liability Attorneys

Have you been injured in a premises liability accident caused by someone else’s negligence? When you’ve been hurt on another person’s property, it can be unclear who is responsible for the injuries you’ve suffered and who should pay the medical expenses you’ve incurred. At Ferguson & Ferguson, we know that after an accident, you have a lot of questions, and our Huntsville premises liability accident lawyers are here to answer them for you. We’ve been helping injured victims in Alabama for over 60 years and have the knowledge and experience to help you. We offer no obligation, FREE consultations, to all premises accident victims. Call now. Call 256-534-3435. We are here to help.

When you enter the premises of an individual or business, you are technically an invitee, licensee, or trespasser. Depending on your status, the landowner owes you a certain type of duty. An invitee is a person who is invited onto the premises to conduct business. (shoppers) Invitees are owed the highest duty of care. Business owners owe a legal duty to customers and others lawfully visiting their premises to maintain their property in a reasonably safe condition. A licensee is a person who is on the land for a non-business purpose at the consent of the possessor of the property, such as a social guest at someone’s residence. A trespasser is owed the lowest duty of care. Owners of land have no duty to warn trespassers of dangers naturally occurring on the premises; however, if the possessor is aware of the trespasser, then usually a duty arises to warn the trespasser of dangerous, man-made conditions on the property that could be dangerous. Every state has its own duty of care to property owners.

Premises accidents are the single largest cause of emergency room visits. They account for an estimated 16,000 deaths each year. Seniors are statistically the most likely to fall, and when they do, they tend to require more medical care and more time to recover from their injuries. If you have suffered serious personal injuries in a premises accident in Huntsville, Alabama, our premises liability lawyers at Ferguson & Ferguson can help.

Where do Premises Liability Accidents Happen?

Premises liability claims arise from injuries that occur on many types of property, such as:

  • Shopping centers
  • Homes
  • Gas stations
  • Cruise Ships
  • Sidewalks
  • Sports stadiums and conference centers
  • Hospitals
  • Malls
  • Parking lots
  • Grocery stores
  • Apartment complexes
  • Bars and restaurants
  • Hotels and motor lodges

Causes of Premises Accidents

Our Huntsville attorneys have experience handling many different types of premises liability cases, including the following:

  • Structural defects
  • Inadequate maintenance
  • Dog bites
  • Porch and deck collapse
  • Injuries from flooding, water leaks or spills
  • Building collapse
  • Fire and smoke injuries
  • Inadequate security
  • Improper commercial signs or displays
  • Collapsed decks and balconies
  • Electroctions
  • Exposure to hazardous chemicals or toxic materials, including mold and lead paint
  • Swimming pool accidents
  • Defective walkways and sidewalks
  • Injuries that result from an act of violence or other criminal act
  • Defective stairs and railings
  • Elevator and escalator accidents
  • Accidents caused by uneven terrain, unnoticeable steps, or slippery surfaces
  • Being locked in or injured by a defective door
  • Staircase injuries, such as broken steps or damaged handrails
  • Slips and falls in stores
  • Tripping accidents
  • Construction accidents
  • Slips and falls from cleaning agents
  • Slips and falls caused by spilled food or drinks
  • Inadequate lighting
  • Injuries from falling merchandise or objects
  • Escalator and elevator accidents
  • Exposure to hazardous chemicals or toxic materials, including mold and lead paint
  • Failure to warn a visitor of a hazardous condition
  • Inadequately guarded swimming pools

Who is responsible in the Huntsville Premises case?

In Alabama, merely owning or occupying land does not make that person liable for injuries sustained on the property. There must be some form of negligence on the part of the owner or occupier of the property before there can be any premises liability. Property owners, managers, and operators may be liable for your slip and fall. A knowledgeable Alabama premises liability attorney can determine who is at fault in a premises accident. For a premises victim to hold a property owner or operator liable in Alabama for an incident, the accident victim will have to prove one of the following in a premises liability case:

  • That the Alabama property owner or employee caused or was responsible for the unsafe condition and the subsequent premises accident (by spilling something, for example, and not cleaning it up)
  • That the Alabama property owner was aware of the dangerous condition of the property but did not try to correct it (actually, someone else spilled water on the floor and the owner did not post a warning sign, etc.)
  • That the Alabama property owner knew or should have known about the danger since a reasonable person would have found the problem and taken steps to prevent injuries caused by the accident (constructive notice is the most common situation, as it is not clearly defined and is determined based on common sense).

Most Common Premises Liability Accident Injuries

The most common injuries include:

  • Back injuries
  • Neck injuries
  • Head injuries
  • Wrongful Death
  • Broken bones
  • Electric shocks
  • Burns
  • Spinal cord injuries

What to do After a Huntsville Premises Accident

Always do the following:

  • Photographs should be taken of the unsafe condition and its surroundings before the property owner repairs it or otherwise destroys evidence of it.
  • File an accident report
  • Interviews of the property owner, his employees, and/or eyewitnesses may help establish fault in your case.
  • Get medical treatment
  • Call Ferguson and Ferguson

What damages can you recover in a premises case?

When you win a slip-and-fall injury claim, typically after proving the property owner’s negligence, you are entitled to various types of financial compensation to cover losses incurred due to the accident. These include:

Compensation for all medical costs that are directly related to treatments received for injuries from the fall. This encompasses past and immediate medical bills as well as anticipated future medical expenses.
reimbursement for wages lost during the period you were unable to work because of your injuries.
compensation for any lasting disability that impedes your ability to work, affecting your future earning capacity.
a monetary amount for the physical pain and suffering experienced because of the injury.
damages for emotional or psychological distress inflicted by the incident.
In the case of married victims, damages may also include compensation for the loss of companionship or disruption to the marital relationship, referred to as loss of consortium.
You may also be eligible for compensation covering additional miscellaneous losses tied directly to the incident.

Legal professionals specializing in premises liability, such as those at Ferguson & Ferguson, offer guidance and representation to ensure that individuals affected by slip and fall accidents receive the full spectrum of compensation they’re entitled to, easing the financial burden and aiding in a smoother recovery process.

Free Consultation

If you or someone close to you has suffered serious injuries in a premises liability accident, or if you have questions about your legal rights following a slip and fall accident, an Alabama premises liability lawyer at Ferguson & Ferguson can help you determine if you have a case. We have offices conveniently located in downtown Huntsville and Decatur, Alabama. An attorney can meet with you at our Decatur or Huntsville office locations or arrange to meet you at your home hospital or any other convenient location. At Ferguson & Ferguson, we handle all of our premises liability cases on a contingency fee basis. This means you pay nothing unless we win your case. Call now for your free consultation and to speak directly with a lawyer about your case. If you need a slip-and-fall lawyer in Huntsville, Decatur, Cullman, or Athens, Alabama, call us today. Call (256)534-3435. Call now.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street, NE
Decatur, AL 35601