Gadsden Premises Liability Attorneys
When Alabama citizens are injured on dangerous property
If you’re on someone else’s property and are hurt in an accident, you may wonder who is responsible. Typically, this kind of case is called premises liability. When an individual or business owns a piece of property, like a shop or a restaurant, they have a responsibility to keep that property safe for visitors. If they fail in that responsibility, and someone gets hurt, they can be held liable under premises liability law.
If you were injured in an accident because of unsafe conditions on someone else’s property, it’s important you understand your rights. At Mezrano Law Firm, our premises liability attorneys are experienced in these types of cases and are ready to talk to you about your injuries, how they happened and who is responsible. We’ll fight to seek the compensation you need to heal from your injuries and move on from your accident. Get in touch with us today.
Common types of premises liability accidents
The most common type of premises liability accident, and probably the one with which everyone is most familiar, is slip and fall. A person typically experiences a slip and fall (or trip and fall) when premises are unsafe due to slippery surfaces from rain, ice or spilled beverages. Someone could also trip over uneven surfaces, loose tiling or flooring or torn carpets.
Premises liability accidents may also happen because of hazards like:
- Accidents caused by building code or housing violations
- Amusement park or fair accidents
- Assault or wrongful death from negligent security
- Deck, balcony or ceiling collapse
- Defective stairways or escalators
- Dog bites or other animals attacks
- Exposure to toxic fumes
- House and building fires
- Injuries caused by failure to maintain premises
- Swimming pool accidents or drownings
Injuries from Gadsden premises liability claims
Premises liability injuries can range from mild injuries, like bumps and bruises, to severe physical trauma or even wrongful death. Even a minor slip and fall that may not feel serious in the moment can grow into a major injury within days. You should always document an injury or accident as soon as possible, and seek medical attention immediately.
Common injuries victims experience from premises liability accidents include:
- Broken and fractured bones
- Burns or scarring
- Chronic pain
- Head or neck injuries
- Lacerations and scrapes
- Sprains and soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries and concussions
- Wrongful death
Negligence and premises liability injuries
Premises liability claims require that the injured party prove negligence. The fact alone that you suffered an accident and injury on someone else’s property isn’t enough to show that the property owner was negligent. Your attorney also has to show that the property conditions were unsafe – and that the owner was aware of these unsafe conditions and did nothing to either repair or warn visitors of the hazard.
Property and business owners must take the right precautions to keep their premises safe. When they don’t, they increase the risk of accidents and therefore their own liability. We talked earlier about common types of liability claims – here are a few specific examples.
- If you stay in a hotel and are assaulted due to broken locks or burned out lighting, the hotel could be held negligent. The same goes if you are exposed to toxic fumes in your room.
- If a store employee mops the floor but fails to warn customers it’s slippery, the store can be liable for your injuries if you slip and fall.
- Construction sites near pedestrian areas should be clearly marked. If workers fail to mark hazardous areas and you’re hurt in an accident, the construction company could be liable.
- Elderly loved ones could suffer injury in nursing homes when premises are unsafe, like trip and fall hazards or scalding/burn hazards. Facility owners can be liable.
What is duty of care and premises liability?
Your status as a visitor on another person or entity’s property can affect the eligibility or outcome of your case. Your Gadsden injury attorney can give you all the ins and outs, but following is a brief and simple explanation. Here in Alabama, the state recognizes three separate levels of duty of care for property visitors.
- Invitee. Invitees are those who enter property for business purposes. So, if you go to the grocery store, out for dinner, or clothes shopping, you’re an invitee when you step into the store. Property owners owe their invitees a high duty of care, and if their premises are in unsafe condition, it’s their responsibility to warn invitees of any dangers.
- Licensee. A licensee is a bit different. Licensees enter a property as a guest with the permission or implied permission of the owner, but without any business purpose. You might be at someone’s house for a party or perhaps visiting someone socially at their office for lunch. In either scenario, the property owner must either repair or warn visitors of unsafe conditions.
- Trespassers. Even though trespassers enter premises without a property owner’s permission or knowledge, owners still have a duty to warn of known dangers on the property. Property owners also can’t set “traps” for trespassers, and owe a higher duty of care to trespassing children.
After experiencing an accident on someone else’s property, it’s important not to make any kind of statement about blame or fault – even if the property owner is someone you know or even a friend. Minimizing fault or shrugging off your injuries can make a big difference in whether or not you’re eligible for compensation. Talk to an attorney to protect your rights.
Gadsden premises liability lawyers on your side
Premises liability law can be complicated, and our legal team is highly experienced with these types of cases. Our attorneys work with you, leaving no detail uncovered, to prove liability and get you the compensation you deserve for your injuries. Talk to us today about how we can help you. Call us at 205-206-6300 or fill out our contact form to set up a consultation at our Gadsden office.