Determining liability in a premises liability case

Dec 19, 2021 | Premises Liability

Premises liability in Alabama is determined in various ways after a person is injured on another’s property. The decision is based mainly on the actions of the injured person and the property owner.

The legal status of the visitor

If a visitor is breaking the law while visiting a property, the property owner is never at fault. An example is a trespasser, a burglar or a person with a restraining order who is ordered to stay away from the owner.

A property owner who runs a home business that accepts customers is responsible for any injury that occurs on the property. As a business owner, he or she is legally obligated to maintain a safe property for clients.

The condition of the property

A poorly maintained home or building means that its owner can be sued if a visitor becomes injured. A business owner who has regular visitors is liable for an unsafe property when an injury occurs.

The actions of the owner and visitor

If a visitor acts negligently and injures him or herself, the property owner is not typically held responsible. However, if the owner aggravates the visitor and accidentally causes an accident, the owner could be held accountable in a premises liability claim.

Determining who is at fault

Determining premises liability is a matter of who is responsible for an accident that took place on a residential or commercial property. In general, every property owner is responsible for every visitor’s safety; however, it doesn’t mean that the owners will automatically get sued after an accident. There are numerous factors that are considered in a liability case to determine the cause of the injury.