Can I Sue a Business if I Was Hurt on Their Property?
If you slipped, tripped, or were otherwise hurt while on a business's property, you can take legal action. In Alabama, businesses are legally responsible for maintaining a safe environment for their customers, tenants, and visitors. If they fail to meet this obligation and someone is injured, the injured party may have the right to file a personal injury lawsuit.
At Whit A. Thomas, Attorney at Law, we help Alabama personal injury victims pursue justice across Baldwin County, Escambia County, Mobile County, and Monroe County.
As a victim, it can be overwhelming to deal with your injury while trying to figure out your legal rights, medical expenses, and lost income. We’re here to help you understand your options and provide the legal support you need to take the next step.
Here, we aim to explore how you can hold a business accountable and why working with an experienced attorney can make a significant difference.
When Can You Sue a Business for an Injury on Their Property?
If you’ve been injured on a business’s property, your ability to sue comes down to whether the business failed to maintain a safe environment. In Alabama, property owners and managers have a "duty of care" to protect their visitors. However, the circumstances of your case will determine whether they can legally be held responsible.
The key factors that can influence your ability to sue include the following:
1. Were You Legally on the Property?
Alabama law distinguishes between invitees, licensees, and trespassers. Most customers and clients are considered invitees, meaning they are on the property for the mutual benefit of both parties (e.g., shopping at a store).
Businesses owe the highest duty of care to invitees and are expected to inspect their premises regularly and fix or warn visitors of potential hazards.
If you were a customer or visitor with permission to be on the property, you may have a stronger case than if you were trespassing without the owner’s consent.
2. Did the Business Know About the Hazard?
Businesses are only liable for hazards they knew about—or should have known about through reasonable maintenance. For example, if a store employee failed to clean a spill after being notified, this could be considered negligence if it caused someone’s injury.
Alternatively, if a dangerous condition occurred just moments before your accident (e.g., an unexpected roof leak caused a slippery floor), the business might argue that it didn’t have enough time to address the danger.
3. Did the Hazard Cause Your Injury?
To win a personal injury case, you must prove that the hazardous condition directly caused your injury. This might involve submitting supporting evidence, such as surveillance footage, photos of the hazard, incident reports, or witness testimony.
4. Did You Contribute to Your Injury?
Alabama follows a pure contributory negligence rule, which means you cannot recover damages if you are found even partially at fault for your injury. For instance, if you ignored a clearly visible “Wet Floor” sign and slipped anyway, this could significantly impact your case.
Types of On-Premise Injuries
Not all injuries on business properties involve a simple slip and fall. Premises liability claims can stem from many other scenarios, such as:
Tripping over uneven pavement or poorly maintained walkways
Falling on slippery floors or stairs
Injuries caused by broken equipment (e.g., shopping carts in grocery stores)
Inadequate security leading to assaults or robberies (e.g., poorly lit parking lots)
Burns, cuts, or other injuries at dining establishments from unsafe conditions
Potential Compensation from Suing a Business?
If you decide to file a lawsuit, you may be eligible to recover compensation for your injury. Alabama recognizes different types of damages for premises liability cases, including:
Medical expenses: Covering the cost of your treatment, prescriptions, physical therapy, and anticipated future treatments.
Lost wages: Reimbursement for lost income or lost earning potential while recovering from your injury.
Pain and suffering: This accounts for the physical and emotional toll of your injury, though it can be challenging to quantify.
Punitive damages: These are rare and typically awarded when the business displays wilful or reckless negligence.
Premises Liability Laws in Alabama
Premises liability laws govern the responsibility of property owners to maintain safe conditions. Some key laws you should know about how Alabama include the following:
Duty of care: Businesses are expected to regularly inspect their premises, fix hazards, and inform visitors of any dangers they cannot immediately address.
Statute of limitations: Alabama law generally gives personal injury victims up to two years from the date of the injury to file a lawsuit. Missing this deadline can result in losing the right to seek compensation.
Contributory negligence: Alabama’s contributory negligence laws mean that even if you are only 1% at fault for your injury, you won’t be able to recover damages.
Comparative duty: For licensees (e.g., social guests) and trespassers, the property owner’s duty of care is typically lower. They aren’t obligated to inspect or fix hazards but must refrain from causing intentional or reckless harm.
Premises Liability Attorney Serving Baldwin County, Alabama
At Whit A. Thomas, Attorney at Law, we have represented Alabama victims in premises liability and personal injury cases since 1980. We are dedicated to fighting for the justice and compensation our clients need.
Located in Foley, Alabama, we serve clients in Baldwin County, Escambia County, Mobile County, and Monroe County. Contact us today to schedule a free consultation.