Premises Liability Claims: Taking Action After Your Slip, Trip or Fall

Posted on : April 15, 2017, By:  Mike Saltaformaggio

Slip, Trip and Fall Attorneys Jackson, MS

If you slip, fall, or suffer an injury at a place of business, you may have grounds to pursue a legal claim against that business. The reason: Businesses that welcome the public onto their premises have a legal duty to keep them “reasonably” safe.

The personal injury attorneys at ‘Maggio|Thompson specialize in Premises Liability and have successfully recovered damages for individuals throughout the state of Mississippi.

There are 3 types of premises liability cases we see the most…

  • Food and drink spills.
  • Negligent and/or inadequate security.
  • Third is when sidewalks and/or parking lots are broken or in disrepair.

 

 

It doesn’t matter how large or small, any business that invites the public onto its premises is obligated to take certain steps to keep customers out of harm’s way. To recover from a premises liability case, you must show that the owner either did or failed to do something they should not have done, and that this condition on the property constituted a dangerous condition.

Food and Drink Spills

So when can a store be held legally responsible for unsafe conditions? For one, the owner may be liable if it created the unsafe condition, perhaps by using an exceptionally slippery wax to clean its floors.

The owner may also be liable if they knew of the condition, but did not immediately take action to clean up or make repairs. For example, if a customer spills a drink in an aisle at the grocery store, then another customer is injured by slipping as a result of the spill, the grocery store could be held liable for the injury. In this case, the person who sustained the injury would have to show evidence that the store knew or should have reasonably known of the condition.

Negligent or Inadequate Security

If you have been injured on the property of a business, you may have a claim for inadequate or negligent security. A negligent security claim refers to civil liability for the harm to a person imposed on owners or operators of businesses for the foreseeable criminal act of a third person.

We have represented individuals hurt at hotels, apartment complexes, restaurants and stores as a result of the criminal act of a third party.

Failure of a business to provide adequate security measures can result in devastating and life changing events for victims and their families. The most significant effects are often not a result of the physical injury itself, but the emotional and psychological impact of being the victim of a violent crime. In Georgia, crime victims may recover against negligent property owners for not only their physical injuries and medical expenses, but also for the mental and emotional injuries they suffer from these crimes.

Sidewalk and Parking Lot Falls

It is a property owners legal duty to ensure the sidewalks and parking lots outside of their buildings are free of hazards that could cause falls. Ice and snow must be removed, they must repair or warn visitors about potholes, loose paving stones and similar hazards.

If you are injured after slipping and falling on a sidewalk or in a parking lot, you may have a legal claim against the property owner. You may be able to recover compensation for any injuries or losses related to the injury.

For your lawsuit to be successful, you must demonstrate:

  • You had a right to be on the premises
  • A hazard existed on the property
  • The property owner had a reasonable amount of time to repair, remove or warn visitors of the hazard, and failed to do so
  • Your fall and injury was a result of the hazzard

You could be compensated for your medical expenses, lost wages, pain and suffering and other losses if the facts of your personal injury case show that the property owner was liable for the injury or harm you suffered.

Contact the Personal Injury Attorneys at ‘Maggio|Thompson Today!

If you or a loved one has been injured as a result of a slip, trip or fall, contact the experienced premises liability attorneys at ‘Maggio|Thompson.

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