In the U.S, Premises liability law states that property owners have to be held accountable for accidents and injuries on their premises. It includes and impacts companies that own a commercial property and are legally responsible for the safety of their employees and guests. It always recommended consulting a Premises Liability Attorney Montgomery AL to stay updated with the laws and regulations related to premises liability.
Accidents can occur at any time anywhere. Owners must ensure that their property premise is safe. The gravity of the dangers encountered by guests may vary at different locations of property premises such as a slippery porch or an iron rod/beam jutting out of a pillar. The aftermath of each accident may vary. If you are looking for a Premises Liability Attorney Montgomery to build a strong premises liability case, the Montgomery Premises Liability Lawyers at the Law Offices of Manley Traeger can provide comprehensive legal counsel.
Types of Premises Liability Cases We Handle:
There are various cases that come to us. Each case is unique and needs to be dealt with with similar dedication and compassion. Our Premises Liability Lawyers Montgomery AL has a successful record of representing clients and recovering millions from the insurance companies and defaulters. Some of the common cases we have represented are:
- Slip and Fall Cases
- Snow and Ice Accidents
- Swimming Pool Accidents
- Defective Conditions on Premises
- Amusement Park Accidents
- Inadequate Building Security Accidents
- Fires, Gas Explosions
- Water Leaks and Flooding
- Mishaps due to Toxic Fumes and Chemicals
You find it evident from the different categories listed above that a wide range of accidents falls under the purview of premises liability cases. Irrespective of how complicated your case is, our Premises Liability Lawyer Montgomery is here to provide you with complete legal support and help you obtain maximum compensation.
Common Causes of Premises Liability Cases
We understand that you may not be aware of all the cases that fall under premises liability. It is extremely important to know if your case falls under this section. This is why consulting a Montgomery Premises Liability Attorney from the law offices of Manley Traeger is highly recommended. Knowing the common causes of premises liability cases can help you recognize when you have a valid compensation claim:
>> Poor lighting:
Adequate lighting is important to ensure you do not end up tripping over hazards. Sufficient lighting is especially important in stairwells, where you are most susceptible to falling and sustaining an injury. As the owner of a property, you need to ensure people’s safety.
>> Lack of security:
When you visit public places, you expect certain safety measures to be in place there to help you avert deadly accidents and injuries. The security measures taken by property owners include the installation of cameras, trimming hedges and hiring guards whenever required.
>> Violations of building code:
All buildings must have adequate systems installed to ensure the safety of their occupants. Some of the regulations include:
- Use of safe materials
- Smoke alarms
- Adequate designs and implementation
- Safe location
Violations of building codes often cause structures to collapse, heavy objects to fall on passers-by and people to trip on uneven walkways. You are entitled to seek compensation if you are a victim of a premise accident. There’s a specific time limit to filing a lawsuit for such cases. Think no more, if you have been denied justice, a Premises Liability Lawyer Montgomery AL from our law firm is readily available to fight for your honor and get you what you deserve.
Statute of Limitations
Victims of premises liability do not have an indefinite time period to file a premises liability lawsuit. The statute of limitations for filing a lawsuit depends on numerous factors such as location (jurisdiction), status of the plaintiff, status of the defendant and which all exceptions would apply to the case in question.
Exceptions of the Statute of Limitations
In certain instances, courts allow the statute of limitations not applicable for the victim seeking compensation for all the injuries and damages. Some of the situations include:
>> Mental incapacitation of the plaintiff
>> The injury was not apparent until after the deadline for filing the lawsuit
>> Deception on part of the defendant
Limitations on Obtaining Compensation for Premises Liability Cases
Some states adhere to the principle of ‘comparative negligence’. This means that the victim is partially responsible for their injuries. For instance, those visiting the premises of a certain property are also responsible for keeping themselves safe. The extent to which the visitors fail to follow reasonable care and take precautions will determine the percentage of the settlement amount. On the other hand, some states follow the concept of ‘contributory negligence’. According to contributory negligence, if the victim is found even slightly at fault, they may be unable to recover any compensation.
Determining Liability in Premises Liability Cases
Proving someone’s fault in premises liability cases demands strong, irrefutable evidence. Irrespective of the type of injury, determining liability is a complicated process. Apart from proving that you were injured, it’s equally important to prove that you were hurt due to someone else’s negligence. You must have clinching evidence to back your claim.
How a Premises Liability Case Works
If you’ve been injured on someone else’s property, gathering information and filing a claim may turn out to be overwhelming. Proving accountability in premises liability cases involves three factors:
- Duty of Care: The first important factor that your attorney needs to establish is that the defendant was required to ensure safety measures in the property. This may include adopting basic steps to minimize any specific dangers or hazardous situations.
- Breach of Duty: Once you have validated that the property owner had a duty of care, the next important thing to prove is that the property owner failed to adhere to that particular duty. For example, the lobby of a property owner gets wet after rains and the water is not removed soon enough.
- Breach of Duty Led to Injury: Once you have proved the aforesaid two factors, it’s necessary to prove that the breach of duty led to an injury. The most trusted way of doing that is through witness testimony and evidence of physical injuries.
Not Sure About the Right Course of Action? We Offer a Free Analysis of Your Claim
The liability of the property owner again depends on who the person entering the property is. They could either be:
Invitee:
An invitee is a person who enters the land premises the land which is generally open for and usable by the public at large or for some financial benefit of the defendant.
Licensee:
A person who has the permission of the defendant to enter the premises.
Trespassers:
A person who unlawfully enters the premises.
Get in Touch With a Competent Premises Liability Lawyer
Simply falling and hurting yourself on someone else’s property doesn’t qualify for sufficient grounds to file a lawsuit. In a premises liability case, it’s advisable that you seek the assistance of an attorney who is vastly experienced in tackling complicated cases. At the Law Offices of Manley Traeger, you can always rely on the competence of our veteran attorneys. We are reputed for earning millions of dollars for our clients by securing favorable verdicts and optimum settlements.
If you are uncertain about whether you have a valid premises liability case or not, we recommend that you get in touch with our premises liability attorneys in Montgomery at Manley Traeger. Our legal representatives can help you make an informed decision about your situation and also obtain ideal compensation for all the injuries and damages.
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