Whether you operate a business or are a homeowner, you have a duty to keep visitors to your property safe. When an accident occurs, you may be liable for any resulting injuries or other damages.
As a property owner, here is what you need to know about premises liability and how to defend against this type of claim.
What is premises liability?
Premises liability refers to the responsibility that property owners have to reasonably prevent injuries on their property. In Alabama, if a person experiences an injury on your premises, they can pursue a legal case against you, but they will need to demonstrate that:
- The site where the injury occurred was unsafe, and the unsafe condition directly led to the injury
- You were aware or should have been aware of the hazardous condition
- You had a reasonable opportunity to make repairs and did not
The types of events that often lead to premises liability claims include slip-and-falls, dog bites, swimming pool accidents, and injuries from falling objects.
What are the defenses against a premises liability claim?
Even if you are aware of an unsafe condition and had an opportunity to fix it, you may still be able to defend yourself against a claim. If the hazard was “open and obvious” to the injured person or if their own actions caused the accident, then you may not be liable.
A premises liability suit can have expensive consequences. Proper preparation and a strong legal defense can help to mitigate the effects of such a case.