Premises liability claims are personal injury claims in which a person alleges that they were hurt on someone else’s property due to carelessness or negligence. An accident caused by a hazard or defect on someone’s property can lead to severe injuries or even death. That’s why it is crucial for property owners to clean and maintain their premises to prevent harm to guests, patrons, or visitors.
If someone is seriously harmed in an accident on another person’s property in Florence, they deserve more than just an apology. Medical bills can quickly pile up, and the victim may be unable to work and earn money while they recover from their injuries. When this happens, the property owner or other responsible party should compensate the victim for the expenses they incur due to the accident. If the owner or their insurance company fails to take responsibility and pay for the victim’s losses, a Florence premises liability attorney can help you pursue what you are owed.
If you suffered severe injuries or your loved one was killed in an accident caused by a property owner’s failure to maintain safe premises or warn you about a dangerous condition, you should seek legal representation right away. Contact Morris, King & Hodge, P.C., as soon as possible.
Our firm has over a century of combined legal experience, and we have been serving clients in Florence and throughout Alabama since 1966. Call us or contact us online now to schedule a free consultation.
What Is Premises Liability?
Most premises liability actions are claims of negligence against property owners, occupants, businesses or other responsible parties. In Ex parte Harold L. Martin Distrib. Co., 769 So. 2d 313, 314 (Ala. 2000), the Supreme Court of Alabama held that in a premises liability case, “the elements of negligence are the same as those in any tort litigation: duty, breach of duty, cause in fact, proximate or legal cause, and damages.”
In short, premises liability is a property owner or other responsible party’s liability for accidents that happen on their property due to their carelessness or failure to fulfill their duty to keep the property reasonably safe for visitors.
Who Is Responsible When an Accident Occurs on Someone Else’s Property in Florence?
In most cases, it will be a property owner or a business that leases a business space who is liable in a premises liability claim. The insurance company for the negligent party will often try to find ways to claim a victim was at fault for their injuries.
A victim’s contributory negligence is a significant factor in premises liability claims in Alabama because it is one of only five states that recognize contributory negligence as a bar to recovering compensation. A defendant can use contributory negligence (a claim that a plaintiff’s negligence contributed to the accident) to prohibit them from recovering any damages.
In other words, you cannot pursue compensation from somebody for a premises liability action when you were even 1 percent at fault compared to their 99 percent at fault. For this reason, you should absolutely avoid saying anything to any insurance company until you have legal representation.
Insurers often contact victims very quickly after these accidents and claims adjusters may request that victims provide recorded statements. You should always decline this invitation, as it is usually a trap designed to get you to say something that hurts your case.
An insurer may also offer you a quick lump-sum settlement to resolve your case. The amount you are initially offered is almost certainly far less than what you are entitled to. You should get help from an experienced attorney to pursue all the compensation you deserve.
Common Injuries in Florence Premises Liability Cases
Premises liability accidents can result in a wide variety of injuries, some of which involve relatively quick recoveries while others can have potentially lifelong implications. Common types of injuries in these cases can include:
- Traumatic brain injuries
- Muscle strains
- Herniated discs
- Internal organ injuries
- Neck injuries
- Back injuries
- Nerve damage
- Spinal cord injuries
Sometimes, people die as the result of premises liability accidents. In these cases, certain surviving family members may be able to file wrongful death lawsuits against negligent parties.
Types of Premises Liability Accidents in Florence
Premises liability is a broad area of law that can involve numerous underlying claims. Some of the most common kinds of premises liability actions in Florence include:
- Equipment failures
- Slip-and-fall accidents
- Negligent security
- Nursing Home Neglect
- Sexual assaults
- Inadequate maintenance
- Falling objects
- Swimming pool accidents
- Toxic fumes or chemicals
- Snow and ice accidents
- Dog bites
Property owners may be people that you know, such as friends, family members, or neighbors. But in many cases, they are business entities. Some of the most common kinds of defendants in these cases include:
- Retail stores
- Concert venues
- Parking lots
- Commercial businesses
- Shopping malls
- Office buildings
- Apartment buildings
- Grocery stores
- Swimming Pools
A lawyer will be able to help you identify all potentially liable parties in your case. It is possible for some actions to have multiple defendants.
How Can Premises Liability Attorneys in Florence at Morris, King & Hodge, P.C., Help Me?
Did you sustain catastrophic injuries or was your loved one killed in a premises liability accident in Florence? Make sure to hire a legal team who knows how to handle these claims and can seek results for you.
Morris, King & Hodge, P.C., represents clients on a contingency fee basis, so you will not pay anything until you obtain a monetary award. We can examine your case when you call or contact us online to receive a free consultation.