Business owners and lessees have a legal duty to their customers and others visiting their property to keep that property in a safe condition. Private property owners can also be held legally responsible for injuries due to unsafe premises. This can mean anything from a grocery store or pub to your neighbor’s house or local rec center. If you have been injured on someone else's property, contact an experienced Montgomery premises liability lawyer today.
You may have a premises liability claim when you’re injured on someone else’s property because of dangerous property conditions. At its core, premises liability means that the person or entity in charge of the property was aware of a dangerous or unsafe condition and didn’t take adequate measures to rectify it.
If you or a loved one suffered injury or wrongful death because of someone else’s unsafe premises, it’s essential to understand and apply your rights as a victim. At Mezrano Law Firm, our compassionate Montgomery premises liability attorneys will consult with you about your accident, your injuries and guide your future options. We can help.
When you are injured on someone else’s property, getting the compensation you deserve can be a complicated and confusing process. Without an experienced Montgomery premises liability attorney, you may find yourself at the insurance company's mercy. The insurance company has teams of lawyers whose goal is to pay the least amount possible to the victim. They are not looking out for your best interest. However, a personal injury attorney at Mezrano Law will advocate for your best interests.
Our attorneys can help you recover damages such as:
Premises liability is a legal concept that holds property owners and occupiers responsible for injuries sustained on their property.
To win a premises liability claim, the plaintiff must prove three elements:
It is important to note that even if a business owner merely leases the property from another entity, such as a shopping mall, they can still be held liable for any injuries sustained on their premises.
The term “owner” refers to both owners and occupiers of property in premises liability cases. This means that anyone who has control over or responsible for maintaining a piece of land can be held accountable for any injuries sustained by visitors or guests on their premises.
Negligence in this context refers to careless behavior or actions that could have been avoided had reasonable care been taken. If it can be proven that an owner or occupier was negligent in their care and maintenance of a property, then they may be found liable for any resulting injuries.
Many people broadly refer to premises liability accidents as “slip and fall” accidents. This is probably because falls make up the majority of injuries people experience, whether on their properties or the properties of others. Falls are one of the top three leading causes of preventable injury-related death in the United States.
And, typically, slip and falls account for many premises liability claims here in Montgomery. People can easily slip or trip from loose or uneven flooring, spills, debris in walkways or inadequate lighting. Other types of common premises liability lawsuit accidents include:
Depending on the nature and severity of your accident, a premises liability accident can range from a twisted ankle to severe physical trauma to, in the worst cases, wrongful death. No matter how minor your injury may seem, it’s always important to document your accident and seek medical attention – after all, many injuries don’t present with symptoms immediately.
Common accidents resulting from premises liability accidents include:
If the owner of a property is aware of a dangerous condition but either fails to fix it or warns of the hazard, they can be held liable for any injuries that result. Even if the property owner claims not to have known about the hazard, they can still be liable for neglecting their property and failing to inspect it. In cases of safety issues of a temporary nature, the injured party must prove the condition existed for an extended period before the accident without an attempt to repair or warn customers. The legal team at Mezrano Law Firm can help you build a strong case demonstrating negligence.
An essential aspect of premises liability law in Montgomery and across the state is the duty of care a property owner owes you as a visitor. And this can vary based on what type of visitor you are to the property in question. Typically, there are three types of visitors:
An invitee is someone invited onto the property, explicitly or implicitly. This includes people like shoppers coming to a store, guests at a bar or restaurant, or at the office.
Licensees are those invited onto the property but aren’t there for any commercial means. For example, if you’re visiting someone’s home, or a public park for recreational purposes.
When someone enters another’s a property without permission, they’re trespassers. Property owners aren’t legally obligated to safeguard trespassers from injury (but must post warnings of known dangers and cannot set traps). It’s essential also to note that trespassing children are entitled to higher levels of protection, especially around swimming pools.
If you’re injured and suffer losses because a property owner failed in their duty of care, you may be eligible for financial compensation, including:
No, premises liability and negligence are not the same. Premises liability is a type of negligence that applies to property owners or occupiers and relates to accidents or injuries on the property, while negligence is a general term for neglecting the duty of care in any situation.
In a premises liability case, the person who is held responsible for the injuries sustained is typically the owner, possessor or occupier of the property.
Damages typically covered in a premises liability lawsuit include:
An Attractive Nuisance is a dangerous object that may attract children, such as an old refrigerator, swimming pool, trampoline, abandoned vehicle or even a dog. Property owners can be held liable for any injuries resulting from these objects on their property.
In most cases, a premises liability lawsuit should be made against the owner or occupier of the property in question. The lawsuit may also be made against any related parties such as landlords, tenants, property managers or maintenance workers who could be at fault for failing to address a hazard that led to an injury.
Suppose you or a loved one has been injured on public or private property. In that case, contacting an experienced personal injury attorney as soon as possible is essential to maximize your chances of a successful personal injury claim. The attorney can help you understand your legal rights and options and provide advice on the best course of action. Additionally, the attorney may be able to help you secure compensation for damages.
If you file a premises liability lawsuit with an attorney, they will first investigate your incident's circumstances. They will determine who is liable and if you have a viable case. If so, they will help you prepare the necessary paperwork and represent you in court or negotiations to seek compensation for any losses you have suffered.
We understand premises liability cases can be complicated and complex. If you or a loved one suffered an injury or wrongful death due to dangerous property, the attorneys at Mezrano Law Firm can help. We’ll work to establish negligence and put our years of experience on your side.