If you have suffered injuries or a loved one has died due to an accident on someone else’s property, then keep in mind that you are entitled to seeking compensation for your injuries and damages. Anyone, be it a business or individual that occupies or owns a piece of property, is responsible for ensuring that the property is safe for occupation at all times.
When an individual or entity fails to guarantee the safety of the people occupying or visiting the property, and someone gets hurt or even loses their life, it is within the legal rights of the victims to sue them and seek compensation for their damages through a personal injury lawsuit, often with the help of a Birmingham premises liability lawyer. Such claims are generally used to seek justice from the responsible party for their breach of duty under premises liability.
If your injuries were as a result of the negligent actions of another person, it’s vital that you fully understand your rights as a victim and the course of action to take. If you aren’t sure of what to do next, the professional Birmingham personal injury lawyers at Mike Bell Accident & Injury Lawyers are here to help you out. With tons of experience handling such types of cases, our lawyers are more than willing to advise you on matters concerning your case and have the skills and knowledge to battle out your case until you receive the compensation you duly deserve.
WHAT ARE SOME OF THE MOST COMMON TYPES OF PREMISES LIABILITY ACCIDENTS?
When it comes to premises liability accidents, the most common type of accident is a trip and fall or slip and fall. This type of accident can occur virtually anywhere, from the lobby of a Fortune-500 company to someone’s home. In most trip and fall cases, there are a couple of things that might be indicative of negligence on the part of the building manager or owner. These things include poor lighting, hidden cords, problematic staircases, unmarked wet floors, unsecured carpets, and broken or loose concrete or flooring.
Other common types of premises liability accidents in Birmingham, AL, include:
- Restaurant accidents
- Swimming pool accidents
- Dog bites and dog attacks
- Amusement park accidents
- Snow and ice accidents
- Defective conditions
- Escalator or elevator accidents
- Water leaks and flooding
- Other types of claims that might arise typically involve defective construction or machinery, improperly maintained equipment or exposure to toxic chemicals.
SERIOUS INJURIES THAT MIGHT ARISE FROM PREMISES LIABILITY
Injuries suffered due to the carelessness of another person can range from minor scrapes and bruises to severe trauma, and in worst-case scenarios, may even result in death. Even if your injuries after a slip and fall accident are not that serious, we recommend that you still seek medical attention as soon as possible.
Some of the most common injuries premises liability victims suffer include:
- Spinal cord injuries
- Sprains and strains
- Traumatic brain injury
- Broken and fractured bones
- Untimely death
HOW DOES NEGLIGENCE LEAD TO PREMISES LIABILITY-RELATED INJURIES?
Premises liability claims require that the victim prove that the property owner was negligent, and that’s why they got injured. Just because you got injured while on another person’s property, that does not mean that the property or business owner is at fault, when it comes to premises liability cases, you not only have to prove that the conditions were not safe, but also that the owner of the property did know or should have known about the situation and yet failed to do anything to fix the issue.
While we’ve already listed some of the most common claims filed by premises liability victims, it is worth noting that since each case is different, how property owners are held liable differs. For instance, dog bite injuries might occur because the dog’s owner failed to secure their pet even though they know that the animal is aggressive. A swimming pool owner could be held responsible for the drowning of another person if they failed to keep their pool secure by installing a fence around it as per local ordinances.
HOW IS DUTY OF CARE RELATED TO PREMISES LIABILITY?
In the city of Birmingham your status as someone visiting a property or building can affect your case. Alabama recognizes three categories and levels of care for people visiting a property:
This refers to anyone who visits a property purely for business purposes – like when someone visits a restaurant, the dentist’s office, or the local grocery store to buy goods and services. The highest level of care is owed to invitees of a business. If the condition of the premises is not safe, people visiting the building should be warned about the lurking dangers beforehand.
This refers to people who visit a property as a guest, either with the implied or express permission of the building’s owner. In this instance, the visit has no official or business purpose. An excellent example of this is when someone invites friends to their home for a party or when a relative or loved one visits them at their place of work for a social call. When it comes to licensees, property owners have a duty to ensure they’ve corrected any known issues that might injure their visitor(s).
This refers to anyone who gains access to another person’s building without their permission or knowledge. Property owners are not allowed to set traps for people who trespass and should warn trespassers of the dangers of trespassing should they find one on their property. The reason for this high standard of care is to ensure unassumingly trespassing children are protected.
EXAMPLES OF PREMISES LIABILITY CASES THAT HAVE THE POTENTIAL CAUSE SERIOUS INJURIES
If the owner of a property fails to take on the responsibility of ensuring their premises are secure and safe, there will always be the possibility of tragedy striking. It is not uncommon to hear of people who’ve gotten injured at hotels, retirement homes, apartment complexes, and business premises. A few examples of some of the most common injuries suffered through premises liability include:
- The owner of a business fails to maintain his business premises and ensure the aisles are clear. If a customer trips or slips and falls, they’ll be held liable.
- A resort or hotel fails to provide adequate security, and one of its guests gets assaulted. The hotel or resort and its management will be held liable for damages and injuries.
- A retirement home fails to test vital equipment such as fire alarms and intercoms. If one of its residents needs help urgently but cannot reach anyone and ends up getting injured, the establishment could be held responsible for their injuries.
CALL A BIRMINGHAM PREMISES LIABILITY LAWYER TO GET YOUR CLAIM STARTED
Cases involving premises liability are quite complicated since they typically involve establishing negligence and often require preservation of evidence. To stand a better chance of getting compensated for your injuries, make sure you reach out to an experienced and professional Birmingham personal injury law firm immediately after the accident and have them handle the case for you.
When most people get injured while on another person’s property, they often feel embarrassed or try to avoid challenging the owner of the property; however, what most of them don’t know is that, as the victim, they are entitled to damages for wage replacement, pain and suffering, permanent impairment, and medical care.
There are a couple of defenses that property owners, their defense counsel, and their insurance company use to try and prove that there weren’t any ‘open and obvious’ defect at the time of the incident or that the conditions at the time weren’t dangerous. If you have suffered injuries while on another person’s property or at a business’ premises in Birmingham, our professional Birmingham premises liability lawyers can help you prove your case and fight to secure compensation for your damages and injuries.
For a chance to speak to one of the attorneys at Mike Bell Accident & Injury Lawyers and schedule a free, no-obligation consultation, call 205-666-6000 now.