Premises Liability

Premises liability is a term that describes the responsibility a property owner has to warn invited visitors or guests of possible dangers on his or her property.

David Greene from Greene and Phillips law firm says a good example of premises liability is, an owner of an apartment complex decides to replace the banister of the second story apartments. He loosens the banisters, so he has the duty to put up a sign alerting residents that the banister is loose. This is so a resident or a visitor doesn’t use the banister with the reasonable expectation that it will support their weight, then fall and injure themselves.

There are different types of Premise Liability cases:

• Slip and Fall - When there is something slick on the floor and the victim slips on it and falls
• Trip and Fall - If a building has an area of the floor that is uneven or that has a large defect that could be a tripping hazard
• Swimming Pool
• Escalator
• Children injured on a playground

David Greene says premise liability cases are often much more difficult to handle than auto accident cases. He says that's because it is often very difficult to prove that the fall and injury were the result of the property owner’s negligence. The burden of proof is very high.

You can help prove your case if you have evidence. David Greene suggests taking photos and video with your camera on your phone. If there are witnesses, make sure you get their contact information.

If you fall in a store and there are security cameras, the video can that be used to help your case. Often the store or premise will have closed circuit video cameras that will have footage that can be retrieved. A lawyer will be able to get access to these files.

Keep in mind, businesses have retention policies so after a certain period of time, old video footage will be deleted to make room for more footage. In this case it’s important to get a lawyer involved so that they can secure these recordings to help your case.

If you are a victim of this sort of accident, make sure you alert the property owner or manager of the incident. Then seek medical attention to make sure you're okay. David Greene advises that you don't talk to the other party’s insurance company, but you should contact a lawyer that deals with this sort of accident.

Greene & Phillips
50 North Florida Street
Mobile, AL 36607
(251) 478-1115
www.greenephillips.com
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