Many premises liability cases in Memphis involve people who slip and fall in stores and other commercial establishments. Some people, however, are not aware that property owners could be held liable if a visitor suffers an injury on the premises.
If you were injured by a hazard on another’s property, consider talking to a Memphis premises liability lawyer. Even harm caused by a third-party, such as a robbery in a store parking lot, could be grounds to request recovery from a property owner or manager. Personal injury lawyer David E. Gordon is familiar with the challenges of property negligence claims and could evaluate your case and explain your options for recovering compensation.
What Types of Cases Could a Premises Liability Attorney Handle?
In a premises liability lawsuit, an injured person pursues a claim against the owner or manager of the property accountable for the dangerous conditions that caused an injury. Hazards can take many forms, however. At the Law Offices of David E. Gordon, we handle many different types of premises liability cases, including:
- Slip and falls
- Inadequate security
- Escalator and elevator accidents
- Swimming pool accidents
- Snow and ice accidents
- Improperly stacked merchandise in a store
- Tripping over unmarked changes in flooring height
- Criminal attacks enabled by negligent security
Each type of case presents unique issues and may involve related types of claims. For example, in an inadequate security case, a claim may lie against a hotel owner who failed to put proper locks on doors. At the same time, a battery claim may lie against the person who broke into a hotel room and assaulted a guest.
Or, in an escalator accident, the owner of a store or office building may be liable for allowing visitors to use a broken escalator. However, the manufacturer may also be liable if the escalator had a manufacturing or design defect, or a mechanic may be liable for failing to conduct inspections and make needed repairs to the equipment.
Premises liability attorneys in Memphis could investigate to determine the cause of an injury and find out who is the responsible party. It is wise to begin collecting evidence that establishes liability as soon as possible after an injury.
Duty of Care Owed in a Premises Liability Claim
The owner or manager of a property could be liable if they fail to take the appropriate steps to warn about or correct a dangerous condition on the premises. Moreover, the duty of care a manager owes to another individual depends on the status of the visitor and their reason for entering the property.
Trespassers
When someone trespasses, the property manager may not be liable for any harm that person suffered on their property unless the owner deliberately set some kind of trap. However, property owners do have a duty to protect children, even those who trespass, from hazards that could attract them, such as swimming pools.
Licensees and Social Guests
If a person comes onto someone’s property as a social guest, or for their own benefit, such as when a salesman goes door-to-door, then the duty of care increases. The property owner has an obligation to warn visitors about dangerous conditions or take steps to fix those hazards.
Business Invitees
In situations where a property owner invites people onto the premises for their benefit, such as store owner welcoming shoppers, additional duties of care are owed to those business visitors. The property manager must not only work to fix or warn about a hazard but must also conduct regular inspections for dangers. A Memphis premise liability attorney could work to show that an injured invitee was owed the greatest duty of care and demand a higher level of compensation for the negligence exhibited.
Negligence and Fault in Property Liability Cases
Like other personal injury cases, a premises liability case involves injuries caused by a party’s negligence. The party could be a person, company or even a government agency. In a premise liability lawsuit, the specific type of negligence is a property owner’s action, or failure to act, which puts visitors at risk for an accident. Typically you will only have one year from the date of the incident in which to file a claim.
Additionally, your fault can be taken into account. If you are 50 percent or more at fault for the injury you suffer due to a hazardous property condition, you may be barred from recovering any damages. Otherwise, your damages would be reduced in proportion to the percentage of fault assigned to you.
Talk to a Memphis Premises Liability Attorney If You were Injured Visiting A Property
If you suffered an injury that could have been prevented if only the manager of the property had behaved responsibly, it can be frustrating dealing with the consequences alone. You could be entitled to substantial compensation to offset your losses including intangible factors such as pain and suffering and emotional anguish.
It could be beneficial to work with a Memphis premises liability lawyer as soon as possible after an injury. A legal advocate can help answer questions from insurance companies and investigators, allowing you to focus on your recovery and helping to avoid statements that could limit your ability to recover compensation. Attorney David E. Gordon could start right away collecting evidence to support the claim while it is most readily available.
When you hold property owners accountable for the hazardous conditions on their property, you can help prevent injuries to others in the future. To learn more about what could be possible in your case, call today for a free consultation.
