Huntsville Premises Liability Lawyers
Protecting the rights of those injured on someone else’s property
While walking through a bait and tackle shop, your foot got caught in some fishing line, which caused you to trip and fall on the floor, or you were having fun at a party and the floor gave way, or when you walked over to a neighbor’s house to return the hedge clippers you borrowed, their dog jumped up and attacked you. In any of these situations, you might have grounds for a premises liability claim against the property owner.
At Martin & Helms, we represent and protect the rights of our clients who have been injured because of the negligence of another person. With more than 45 years of combined legal experience helping clients recover compensation after an injury, we are here to help you win. You may schedule a free consultation to discuss your premises liability injury today. If we do not recover compensation for you, you do not pay attorney fees.
Different types of premises liability cases
Premises liability is a category of personal injury law which covers slip/trip and fall cases, which are the most common type of personal injury cases, but it also includes other types of cases where an individual is injured on someone else’s property because of the negligence of the property owner. The following are examples of different types of premises liability cases:
Slip/trip and fall
According to Safety & Health, slips, trips and falls can result in sprains and strains, cuts and bruises, broken bones and more. Slip and fall accidents result from some kind of unintended or unexpected change in contact between the feet and the ground or walking surface, according to the Canadian Center for Occupational Health and Safety (CCOHS),and they can be caused by many dangerous property conditions such as poor lighting, obstructed views, uncovered cables, uneven walking surfaces, and lower drawers being left open.
As an aspect of premises liability, negligent security speaks to the responsibility of a property owner to provide adequate security for guests or tenants to prevent violent attacks such as rape or robbery. If guests or tenants are injured in such an attack, they may be able to hold the property owner liable for their injuries.
Property owners owe a duty of care to those who enter their property lawfully, and in some cases, even to trespassers if they are children, to maintain the swimming pool area in a safe condition. A property owner is responsible for posting signs warning guests of possible hazards, and to take steps to prevent unsupervised children from entering the pool area.
Dog bites/animal attacks
If you are bitten or attacked by a dog in Alabama, you may have grounds for a premises liability claim against the animal’s owner.
While it might sound like a trivial matter, inadequate lighting can lead to people falling and injuring themselves because they could not see where they were walking. If you were injured in a slip and fall accident because of inadequate lighting, you might want to discuss your case with an experienced Huntsville premises liability attorney.
Deferred building maintenance
It is the property owner’s duty to maintain his or her property in safe condition when it is open to the public. If parts of the building are falling down due to lack of maintenance, and a visitor is injured because of those crumbling conditions, the injured person may have grounds for a premises liability claim.
Elevator and escalator accidents
Defective or malfunctioning elevators or escalators can cause injuries to visitors and tenants. Property owners may be held liable for injuries if they failed to maintain the escalators and elevators that were available for public use.
What must you prove to prevail in a premises liability case?
You cannot just file a lawsuit every time you become injured on someone else’s property. To prevail in a premises liability claim, you must be able to prove the following elements:
- The property was in a dangerous condition
- The dangerous condition was the direct cause of your injury
- The property owner knew about or should have known about the dangerous condition
- The property owner could have remedied the dangerous condition
An example might be a deck collapse. A guest at the campground felt the boards on the deck shifting beneath his feet, and he mentioned it to the person at the front desk. She made a note of it and informed the property owner who added the deck to his list of repair projects for that week. Later that day, a group of guests all piled on to the deck to take selfies in the sunset, and the deck collapsed causing a few serious injuries.
In this case, the property owner not only knew about the dangerous condition, but he also had either the opportunity to rectify the situation, or to post signs warning of the hazard and prevent guests from accessing the deck.
How can a Huntsville premises liability lawyer help my injury case?
Establishing fault and proving liability in a premises liability case can be complicated. There are several elements that must be proven, which requires investigating the incident, working with subject matter experts, speaking to eye witnesses and developing an effective legal strategy. At Martin & Helms, we understand that even when clients have sustained a serious injury, they are not always eager to file an injury claim or pursue a lawsuit. But, if you want justice, and if you want the compensation you need to cover the medical expenses and other losses related to your injury, we are here to fight for you. We take on the legal challenge while you concentrate on getting better and getting back to your life.
How does my slip/trip and fall injury lawyer get paid?
At Martin & Helms, our trusted Huntsville premises liability lawyers take injury cases on contingency. This means that we receive our attorney fees as a percentage of the amount that you are awarded by the jury, or the settlement from the insurance company.
If we are unable to recover compensation for you, you do not pay attorney fees. This creates a win-win where we work hard to recover as much compensation for you as possible.
If you or a loved one has sustained a serious injury because of someone else’s negligence, we are here to fight for you.
Work with an experienced Huntsville premises liability legal team today
Whether you were hurt in a slip and fall, a pool accident, or burned in a fire caused by someone else’s negligence, the trusted Huntsville premises liability lawyers at Martin & Helms are eager to pursue justice on your behalf. You are encouraged to call us at 256-203-0332 or complete our contact form to schedule a free consultation to discuss your injury case. We also serve injured clients in Decatur, Athens and Madison, and throughout the state.