Premises liability refers to the duty owed by the owner of the premises to maintain the premises in a reasonably safe manner or, if there is a dangerous condition on the premises, to provide proper warnings to persons on the property. Injuries giving rise to premises liability claims typically arise from trips, slips, falls, or falling merchandise in a store, a parking lot, or some other business premises. If you are injured because of an unsafe condition on a premises, you may be able to hold the owner liable for your injury. Contact a Birmingham personal injury lawyer if you have been hurt to discuss your case as soon as possible so that important evidence – including store surveillance video, witnesses to the injury, employee incident reports, etc. – can be identified and preserved.
Common Premises Liability Injuries
Premises liability clams often stem from injuries caused by tripping or slipping on a wet floor; tripping over items in the walking path; merchandise falling from shelves onto a customer; and other similar causes.
Resulting injuries are commonly the following:
- Disc injuries
- Fractured bones
- Head injuries
- Neck and back injuries
- Severe sprains
- Spinal cord damage
These are serious injuries and you could incur significant medical bills to treat them. Fischer & Associates, LLC Attorneys at Law exists to help the injured get back on their feet after an accident.
It is important to know that certain conditions must be met in order to have a valid premises liability claim. In general, you must be able to prove that a dangerous or defective condition existed on the premises and directly caused your injuries. In the case of a slip or trip caused by some substance that has spilled or fallen onto the floor, you must also be able to demonstrate that the store had notice (actual or constructive) of that dangerous condition. (Note: This is not a requirement in those instances where the store created the hazard by placing items in the walkway; when a person trips over a fixture on the premises; or, when falling merchandise causes an injury).
Finally, the premises owner may be able to avoid liability if the owner can show that your injuries were the result of an “open and obvious” condition – that is, a condition on the premises that was known by the injured person or should have been observed by the injured person if they had been using reasonable care.
Negligent Security in Birmingham
Crime and violence can occur practically anywhere, even in public places and in broad daylight. However, if an individual suffers a serious injury during an attack which may have been avoidable due to inadequate or negligent security in a public or private venue, the property owner may face a lawsuit by the injured party.
Negligent security claims can occur as a result of assaults, attacks, robberies, rapes and homicides at the following:
- Bars and restaurants
- Shopping malls and stores
- Hotels and motels
- Colleges and schools
- Apartment complexes
- Office buildings
- Train stations
- Parking lots
If you were a victim of a crime and suffered a serious injury because a property owner failed to provide adequate security measures to protect visitors, customers, or tenants from harm, our Birmingham personal injury attorney can help you recover your entitled compensation. We can conduct a thorough investigation into your case and provide a sophisticated and skilled approach in order to maximize your settlement.
Types of Negligent Security Claims
Property owners who attract large amounts of the public onto their property have a legal obligation to protect those on their property from violent crime. The same legal accountability is also associated with property owners and managers of apartment complexes and homes, since they must maintain a safe environment for tenants, occupants, and visitors.
When a property owner or property manager is aware of a previous violent crime committed on the premises, the property owner could be held liable for the failure to provide sufficient security measures based on their knowledge. Especially if there is a pattern of criminal activity in their vicinity.
Negligent security claims may involve the following factors:
- Lack of frequent security patrols
- Inadequate security cameras
- Poor lighting
- Failure to adequately screen or supervise security personnel
- Assaults in elevators, stairwells and other common areas
- Inadequate sports venue security
- Substandard ATM security
- Negligent mall or store security
- Failure to provide adequate parking lot security
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Fischer & Associates, LLC Attorneys at Law has all the resources to recover the compensation you need when hurt by another person’s negligence. We make ourselves available to our clients 24/7, and we will refuse payment until we win your case!
Begin your case by speaking with our firm during a no-cost consultation — (205) 598-2531!