Contributory Negligence in a Huntsville Premises Liability Claim
In Alabama, civil courts observe the legal doctrine of contributory negligence. This principle renounces the damages a plaintiff could have received in a personal injury case if they are shown to share even 1% of fault in the accident that caused their injuries. For instance, if a person walking across a dimly lit parking lot at night was also sending a text message on their phone when they stepped in a pothole and broke their ankle, they could conceivably forfeit their right to any economic recovery.
Part of your Huntsville, AL premises liability attorney’s job is to collect sufficient evidence that shows you did not contribute in any way to the incident that resulted in your injuries.
Slip and Fall Cases
The most common premises liability cases are slips and falls. These claims usually arise from pooled liquids, ice, snow, debris, spilled substances, uneven flooring, or insufficient lighting in a structure or outside walkway.
Invitee slips and falls at a business are not uncommon. For instance, a jug of leaking wiper fluid at an auto parts store might be hard to notice on the tile and could cause a guest to slip and fall. If you were injured due to a slip on a business’s property, reach out to the slip and fall attorneys at Mama Justice right away. Alabama slip and fall cases require plaintiffs to prove that the owner had knowledge or constructive notice of the spilled fluid or other hazards before victims can file a compensation claim.
Some situations require an intensive investigation to determine if the business was aware of or should have been aware of the spill and whether or not they neglected to maintain their duty of care, making them responsible for compensating you.
Slips and falls can also happen when you are a guest, a licensee, on someone else’s property, like attending a birthday party or visiting the playground at a local park. There is less of a chance that the homeowner is legally liable for an issue when you are a licensee, but there is no way to know for certain until you get a Huntsville premises liability lawyer’s objective and trained opinion.
For example, in the rare event that it snows in Alabama and your hosts do not shovel or salt their walkways, they could be held liable if you slip and fall.
Other Common Premises Liability Claims
While slip and fall cases are the kind that most people associate with premises liability, many other scenarios also fall under that category. Accidents involving stairs, decks, and balconies are also common at both residences and businesses. These accidents most often occur due to:
- Slippery substances
- Ice or snow
- Loose deck boards, hand railings, and stairs
- Lopsided stairways
- Rotting planks, deck boards, or stairs
- Lose or missing handrails
If you fell down a flight of stairs or off a balcony, you might have sustained significant injuries. Our attorneys are here to investigate your accident, collect evidence, and give you objective and reliable advice regarding your best course of action. If you have a legitimate premises liability case, we will help you through the insurance claim and/or process of filing a lawsuit.
Swimming Pool Injuries
Another typical premises liability claim is from injuries involving a swimming pool. Our premises liability attorneys have handled numerous cases in which an adult or child has been exposed to dangerous chemicals, sliced by sharp objects around or in a swimming pool, hurt by inflatable pool accessories, shocked, or tripped and fell because of an improperly maintained pool structure or deck.
Negligent Security
Negligent security can create conditions that cause you to be seriously injured in a place where you should have been safe. A property manager or owner is most likely responsible for enforcing security measures, like surveillance cameras, security personnel, and locked doors.
For example, if you were assaulted in the common area of an apartment complex, and no security was employed to make sure strangers stayed out of the building, then the landlord could be liable. You may, however, have to demonstrate that security precautions were reasonably necessary. If you were injured during an assault and you feel that there wasn’t adequate security, contact our law firm today to discuss starting a claim.
Premises Liability Injuries
There are numerous kinds of injuries that a victim can sustain during an accident on another person’s property, including:
- Broken and fractured bones can be caused by falling objects or by tripping and falling on an uneven walkway.
- A traumatic brain injury can occur when a victim falls or something falls on their head. A TBI is a very serious injury that requires prompt diagnosis and treatment.
- A spinal cord injury can happen if a victim falls from a height or is struck by a blunt object, such as might happen during a violent assault.
- Strains and sprains can happen when a victim twists their ankle after tripping on poorly maintained flooring or slipping on an icy surface.
- Burn injuries are a common outcome of explosions, chemical spills, or electric shock.
- Lacerations and contusions can occur when victims trip over debris or potholes in a parking lot.
