Montgomery Premises Liability Lawyer
If you slipped or tripped on the property of a business or another person and sustained an injury, there is a good chance that you have heard the term premises liability accident. While the term itself is somewhat technical and legalistic, a premises liability accident is simply a type of mishap that occurs on the property of another person. A person may slip on a spill on the floor, fall on an uneven staircase, trip over an unsecured wire or extension cord, or even trip and fall due to cracked pavement or unsecured floor boards.
If another person’s or a company’s failure to maintain their property or facilities resulted in your serious injury, you may be able to recover compensation. Our strategic and aggressive personal injury lawyers at the Morrison Firm may be able to fight for you. To schedule a free and confidential slip and fall or other premises liability consultation at the Morrison Law Firm’s Montgomery office, please call (334) 523-8323.
Property Owners Must Reasonable Care and Diligence to Prevent Injury to Guests
The exact legal standard applicable in a premises liability action is dependent on the facts and circumstances of the accident. However, business owners who invite customers and clients onto their property have a duty “…to use reasonable care and diligence to keep the premises in a safe condition, or, if the premises are in a dangerous condition, to give sufficient warning so that, by the use of ordinary care, the danger can be avoided.” This means that businesses must generally take reasonable steps to detect hazards and prevent injury to customers and guests. However, it is also important to note that the Alabama Supreme Court has explicitly stated that the mere fact an injury has occurred does not lead to a presumption, or assumption, that negligence has occurred. Therefore, it is important to work with an experienced lawyer who can develop and support a legal theory that is likely to lead to recovery.
Essentially, a personal injury victim plaintiff must prove that the store or business owner failed to use reasonable care in maintaining his or her premises. Depending on the nature of the injury, the injury victim may even need to show proof that the workers or manager were aware or should have been aware of the dangerous condition. Furthermore, the business owner may attempt to avoid liability by raising an affirmative defense such as the risk was open and obvious. Working with a premises liability attorney can also help an individual prepare for potential objections, defenses, and other legal challenges.
How Can Premises Liability Accidents Occur?
A premises liability action can occur in a broad array of locations and circumstances. For one, consider an accident that occurs at popular and busy concert hall or stadium. The promoters of the concert or sporting event and manager of the facilities likely know that a number of threats and dangers can pose a risk to guests and patrons. For one, the failure to plan for and control large crowds of guests can increase the likelihood of serious injury. The failure to cordon-off or section-off certain areas to prevent a stampede of attendees can lead to serious problems such as a stampede of guests that results in serious injuries or death.
Aside from risks that are inherent to large gatherings of people, other potential dangers may exist at a concert venue or other public or private facilities. While many of these dangers can be addressed through routine and regular maintenance, many times maintenance is deferred. However, dangers like fraying electrical wiring can place numerous guests at risk of an electrocution injury. Furthermore, the failure to ensure that lighting is adequate and well-maintained can increase the risk of guest trips, slips, and falls. Finally, the failure to ensure that stairwell handrails and guardrails are secure can also increase the likelihood of a premises liability accident. Clearly, these types of accidents can occur in a broad array of scenarios where a property owner fails to take reasonable care.
Premises Liability Accidents in Retail Stores
Premises liability accidents are also particularly common at retail and big-box stores. It is also not uncommon for goods and products to be stacked high into the air on store shelves. Improper stacking of goods can result in veritable avalanches of boxes and other items onto customers below. In some instances, a product falling from the shelf can strike a customer or guest and cause serious injury.
In other scenarios, the product may crash to the floor and spill its contents. If the store does not correct the dangerous condition, the risk that a guest will slip and fall will continue to increase. The fact of the matter is that many premises liability accidents are preventable with routine diligence. Unfortunately, the human tendency to delay maintenance regarding perceived minor risks can mean that others will suffer avoidable injuries.
What Damages Are Available in Premises Liability Accidents?
The exact damages available in any personal injury action are fact-specific and can only be determined after a careful individualized review. However, there are a few types of damages that are commonly sought in slip and falls and other common premises liability actions. Typically, most of the damages sought are known as consequential damages. This class of damages accounts for your physical injuries, pain and suffering medical bills, property damage, and the other direct consequences of your injuries. In addition to the injuries and costs you sustained, you may also be able to seek compensation for lost wages or reduced earning potential.
Let Our Montgomery Premises Liability Attorneys Help You
If you have suffered a serious injury due to unsafe property conditions, our lawyers at the Morrison Law Firm understand the pain and difficulties you are experiencing. We believe that careless and negligent parties should be held accountable for the injuries they inflict. To schedule a free confidential consultation at the Morrison Law Firm, please call (334) 625-6128.