Hurt on a Friend or Neighbor’s Property: Should I Sue?
Accidents happen when you least expect them. Sometimes, they might occur on property belonging to someone you know, such as a friend, neighbor, or even a family member.
While no one wants to strain personal relationships, accidents that lead to expensive medical bills, missed work, or life-altering consequences can’t always be ignored. If you've been injured on someone else's property, you should consider filing a claim or lawsuit.
At Whit A. Thomas, Attorney at Law, we know how overwhelming it can feel, especially when your accident involves someone you have a relationship with. Our attorney has served Alabama personal injury victims for 40 years and is dedicated to reducing some of the uncertainty by explaining your legal options while respecting the sensitive nature of your circumstances.
Here, we offer an overview of premises liability law in Alabama and explore whether you have a case for compensation if you've suffered an injury on someone else's property.
Understanding Premises Liability in Alabama
If you're injured on someone's property, Alabama premises liability laws will come into effect. In Alabama, property owners are responsible for maintaining their premises in a reasonably safe condition for visitors.
However, not all visitors are equal under the law. Your legal status on the property directly impacts the level of responsibility (or "duty of care") owed to you. The categories of legal status as outlined under Alabama law include the following:
Invitees: If you were on the property for business reasons (e.g., a landscaper or delivery person) or for social reasons with permission (e.g., a party guest), you’re considered an "invitee." Property owners owe invitees the highest duty of care, meaning they must keep their property free of hazards or provide adequate warning of potential dangers.
Licensees: If you were on the property for your own purposes but had the owner’s consent (e.g., stopping by a friend's house uninvited but welcomed), you’re a "licensee." Property owners must warn licensees of known dangers that might not be obvious.
Trespassers: If you were not authorized to be on the property, the property owner generally owes you no duty of care, except in cases where your injury could have been avoided through reasonable actions on their part.
Understanding where you fall within these categories determines whether you have a case and how strong that case might be.
Do You Have a Case for an Injury?
If you've been injured on someone else's property, filing a lawsuit isn’t always an appropriate first step. First, you will need to determine whether the property owner’s negligence caused your injury.
In this context, negligence means that the property owner knew about a potential hazard, failed to fix a it, failed to warn you about the risks, or otherwise didn’t take reasonable steps to prevent harm. For example:
If you tripped on a loose step at your neighbor’s house that they’d been meaning to repair, you could have grounds for a premises liability claim.
If your injury occurred because of a clearly-marked or avoidable hazard, or due to your own behavior, the property owner might not be found responsible.
Alabama is one of the few states that follows a pure contributory negligence rule, which can often complicate an injury claim. This means that if you are found even 1% at fault for your injury, you could be barred from recovering compensation entirely.
The Emotional Impact of Suing a Friend or Neighbor
For many people, the biggest barrier to taking legal action is the personal relationship at stake. Suing a friend or neighbor can feel like you’re betraying their trust or crossing an unforgivable line. However, you should remember that seeking fair compensation doesn’t mean your relationship has to suffer.
Most homeowners’ insurance policies include coverage for personal injury claims. When a claim is filed, the insurance company, not your friend or neighbor, will cover the financial aspects of the case.
These policies were designed for situations like this; property owners pay for this protection to cover incidents that happen on their property. Explain that you’re simply exploring your options to address your needs, and reassure them that this is a legal process, not a personal attack. Legal representation can help you seek compensation without unnecessary conflict.
What Compensation Can You Pursue?
If you decide to file a premises liability claim, you may be eligible to recover compensation for your injury. Some potential compensation might include:
Medical expenses: Coverage for treatments, therapy, surgeries, medication, and other medical needs related to your injury.
Lost wages: Reimbursement for income lost during your recovery.
Pain and suffering: Non-economic damages to account for any physical pain and emotional distress experienced due to the injury.
Future costs: Coverage for ongoing medical treatments or diminished earning capacity due to long-term effects of your injury.
What to Do If You've Been Injured on Someone Else's Property
If you’ve been injured at a friend’s or neighbor’s property, it's important to take immediate steps following the incident. These steps include:
Seek medical attention: Your health comes first. Even if the injury seems minor, a medical evaluation will document your injuries and provide the necessary treatment.
Document the scene: Take photographs of the hazard that caused your injury, the surrounding area, and any visible injuries.
Report the incident: Notify the property owner or manager about the incident and make them aware of your injury.
Preserve evidence: Keep all medical records, receipts, or proof of lost wages related to your injury.
Contact an attorney: Consult an experienced attorney who can evaluate your case and guide you on the best course of action.
Alabama’s Statute of Limitations
Time is of the essence when pursuing a premises liability claim. Alabama's statute of limitations for personal injury cases is two years from the date of the injury. This means you only have two years to file a lawsuit. Failure to file during this time could bar you from being able to recover any damages.
Personal Injury Attorney Serving Baldwin County, Alabama
At Whit A. Thomas, Attorney at Law, we have helped personal injury victims in Baldwin County, Escambia County, Mobile County, and Monroe County, Alabama since 1980. Our extensive experience helps us understand the justice system and what it takes to secure fair compensation for your injury.
Whether you need help pursuing damages or simply want to explore your options, we provide personalized attention to your case. Contact us to schedule a free initial consultation today.