When accidents occur on someone else’s property in Alabama, the victims may have a legal right to file a premises liability claim. These claims arise when property owners fail to keep their premises safe and a person is injured as a result. However, the time frame to file such a claim is not indefinite. In Alabama, like other states, there is a legal time limit, known as the statute of limitations, within which an individual must file their claim.
Below is an explanation of the statute of limitations for premises liability claims in Alabama, including important details about when the clock starts ticking, exceptions to the general rule, and how working with a Premises Liability attorney at Alsobrook Law Group can help you navigate the legal process.
What is Premises Liability?
Premises liability refers to the legal responsibility that a property owner or occupier has to ensure that their property is safe for visitors. This includes both private properties and commercial spaces like stores, malls, restaurants, and even public spaces like parks.
In the context of personal injury law, premises liability claims occur when someone is injured on another person’s property due to hazardous conditions, such as:
- Slippery floors or surfaces
• Poorly lit areas
• Uneven sidewalks or walkways
• Falling objects
• Dangerous staircases
• Inadequate security that leads to criminal activity
To win a premises liability claim, the injured party must prove that the property owner was negligent in maintaining the property and that this negligence directly caused the injury. Premises liability law varies slightly from state to state, so it’s crucial to understand Alabama’s specific rules.
The Statute of Limitations for Premises Liability Claims in Alabama
In Alabama, the statute of limitations for premises liability claims is two years from the date of the injury. This means that if you are injured due to a hazardous condition on someone’s property, you generally have two years to file a lawsuit against the responsible party. If you do not file within this time frame, you may lose your right to seek compensation for your injuries.
What Does the Statute of Limitations Mean?
The statute of limitations is essentially a deadline by which you must initiate legal proceedings. If you fail to take legal action within the prescribed two years, the court will likely dismiss your case, regardless of the circumstances or the severity of your injuries. This rule is in place to ensure that legal claims are brought within a reasonable amount of time, preserving the integrity of evidence and the ability of witnesses to recall the events accurately.
How is the Two-Year Period Calculated?
The two-year time frame for filing a premises liability claim typically starts on the date the injury occurred. For example, if you slip and fall on a wet floor in a store on January 1, 2025, the deadline to file your lawsuit would generally be January 1, 2027.
However, there are instances where the statute of limitations may be extended or “tolled.”
Exceptions to the Statute of Limitations
While the standard rule is that you have two years to file a premises liability claim, certain circumstances can delay the start of the statute of limitations. Some common exceptions include:
❖ Discovery Rule
The discovery rule can apply in cases where the injury or harm was not immediately apparent. For instance, if you were exposed to a hazardous substance on the property but didn’t realize the injury until months later, the statute of limitations might not begin until the date you discover the injury or the date when you should have reasonably discovered it.
❖ Minors and Mental Incapacity
If the person injured is a minor (under 19 years old in Alabama), the statute of limitations may be extended. The minor will have until their 19th birthday to file a claim, as opposed to the regular two-year time frame. In cases involving individuals who are mentally incapacitated, the statute of limitations may also be tolled.
❖ Fraud or Concealment
If the property owner deliberately conceals the hazardous condition that caused the injury, this can extend the time you have to file your claim. In such cases, the statute of limitations does not begin until the injury is discovered or should have been discovered with reasonable diligence.
Why Is It Important to Act Quickly?
The two-year time frame for filing a premises liability claim in Alabama may seem long, but the sooner you start the legal process, the better. Here are a few reasons why it is crucial to file your claim as soon as possible:
❖ Preservation of Evidence:
Evidence can be lost or deteriorate over time. Taking quick action ensures that you have access to physical evidence, witness testimony, and video surveillance footage that could support your case.
❖ Witness Availability:
The longer you wait, the harder it may be to locate and interview witnesses who can testify about the dangerous condition on the property.
❖ Avoid Delays:
Filing early gives your attorney more time to investigate and build your case, increasing the likelihood of a favorable outcome.
How Can a Premises Liability Attorney Help With a Premises Liability Claim?
At Alsobrook Law Group, we understand the complexities of premises liability cases and can offer expert legal guidance to help you pursue justice. We can:
- Investigate the cause of your injury
• Gather evidence to prove negligence
• Negotiate with insurance companies on your behalf
• Represent you in court if necessary
If you have been injured due to unsafe conditions on someone else’s property, do not wait until it is too late to file your claim. Reach out to our office as soon as possible to schedule a consultation.
How to Get Started With Your Premises Liability Claim?
To begin the process of filing a premises liability claim in Alabama, it is essential to:
- Seek medical attention immediately after the injury.
- Report the accident to the property owner or manager, if possible.
- Document the scene of the accident with photographs and notes.
- Contact a qualified attorney to evaluate your case and advise you on the best course of action.
At Alsobrook Law Group, our team is committed to ensuring you meet all necessary deadlines and receive the compensation you deserve. With the help of an experienced attorney, you can focus on healing while we handle the legal details of your case.
Contact Our Reputable Auburn, AL Premises Liability Attorneys:
If you or a loved one has been injured on someone else’s property in Alabama, don’t wait to get the legal help you need. Reach out to 334.737.3718 today for a free consultation.
We are here to provide the support and guidance you need to pursue a successful premises liability claim.
