Any time a person enters property they do not own, they assume some risk of injury due to the unfamiliar environment. However, private landowners and government entities responsible for public property owe a legal duty of care to lawful visitors. If a property owner or manager breaches that duty and causes harm, they could bear civil liability for all resulting damages.
Of course, this is only a broad summary of the legal principles underlying premises liability law. As any experienced personal injury attorney could explain, asserting legal rights under this area of law is often complex and challenging. Support may be available from a knowledgeable and dedicated Huntsville premises liability lawyer with prior experience handling similar claims.
When Is a Property Owner Liable for a Visitor’s Injury?
The duty of care a landowner owes to a visitor depends primarily on the visitor’s reason for entering the property. In general, landowners owe no duty to protect unlawful trespassers from accidental injury. However, a Huntsville property liability attorney could still help pursue legal action if a trespasser suffers harm due to a landowner’s intentional misconduct—for instance, setting traps.
When a visitor qualifies as a licensee, someone lawfully on the property for personal reasons, such as a social guest, the landowner holds a duty to warn of known hazards and to address those hazards within a reasonable timeframe. If the visitor is an invitee, someone present for the landowner’s financial benefit, such as a retail customer, the landowner must meet all obligations owed to licensees and also conduct regular inspections to identify and address potential hazards in a timely manner.
Navigating Around Legal Roadblocks to Recovery
Legal counsel plays a critical role in responding to allegations of contributory negligence—claims that an injured person contributed to their own harm through negligent behavior. This becomes especially significant in Huntsville, as Alabama follows a pure contributory negligence system, which bars civil recovery for anyone found to bear even a small share of fault for their injuries.
In addition, a premises liability lawyer in Huntsville could ensure that an injured person is able to formally file suit against a negligent landowner within the filing deadline applicable to their case. Under the statute of limitations codified in Alabama Code § 6-2-38, most people who get hurt through another person’s negligence have a maximum of two years to file suit after the date on which their injury initially occurred.
Contact a Huntsville Premises Liability Attorney for Help Today
Contrary to common assumptions, suffering an injury on someone else’s property does not automatically impose legal liability on the property owner. In reality, proving fault for injuries caused by hazardous property conditions can be deceptively difficult, particularly without support from experienced legal counsel.
Working with a Huntsville premises liability lawyer will give you the best possible chances of getting paid what you need without being sidetracked by procedural obstacles along the way.
Contact us today for a free case review.
