West Memphis property owners are responsible for keeping the area safe from hazards and ensuring guests on the property do not suffer harm. If there is a hazardous condition on the property, the owner must address the situation by repairing it or sectioning off the area until a repair is made. If the property owner fails to warn visitors of a hazard and there is an injury, they are liable for the damages and losses the injured party incurs.
As an injured party, you have the legal right to file a claim known as a premises liability claim. You must meet with a personal injury lawyer in West Memphis, AR, from Gatti, Keltner, Bienvenu & Montesi, PLC, to discuss your injury and options.
Duty of Care
Regarding premises liability, the duty of care is a bit complex because your legal options are contingent on your status on the premises. There are different categories, which will heavily impact your claim, so be sure to have a West Memphis premises liability attorney in West Memphis, AR, guide you through the process.
Trespassers and Duty of Care
Property owners in West Memphis do not owe trespassers a duty of care. So if the person trespasses on the property and suffers an injury, they will not have a viable claim. One exception is an attractive nuisance, where property owners must keep potential hazards safe from trespassers like children.
Also, remember property owners cannot deliberately place traps or unsafe hazards for possible trespassers.
Guests and Licensees
Guests and licensees are those who enter the property for their benefit, and property owners owe them a duty of care. They can be social guests coming over for a quick visit or a salesperson who pops in unexpectedly.
Business invitees are people who enter establishments for mutually beneficial reasons. Property owners owe these parties the highest level of duty. Business owners must inspect the property to look for hazards, address them, and warn others.
The negligent party in your claim can be the property owner, manager, manufacturer, government agency, and others who contributed to or caused the hazardous condition. Your West Memphis premises liability lawyer will investigate duty, fault, and liability to hold all parties responsible to the highest degree.
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Examples of Premises Liability
Before reviewing these examples, remember accidents do not only happen at grocery stores but on any property. There are some common situations on properties, but any hazard that leads to an injury is sufficient for a premise liability claim.
You must discuss exceptions with your premises liability lawyers in West Memphis.
The most common and top of everyone’s list is slip and falls, which occur when there is a wet floor, a rickety staircase, ice or snow on the floor, and more. Anyone who enters the premises is in danger of suffering an injury from these accidents.
If a dog is nearby, the owner must ensure they are on a leash or in an area where it cannot cause harm to others. These incidents happen with familiar dogs, usually when someone reaches to pet them, and they attack.
Swimming Pool Accidents
An unsecured pool can cause someone to fall into it and drown, especially if they do not know how to swim or are intoxicated—hitting your head on the pool’s edge before failing can also cause serious injury.
Hotels and parking garages require a security company to monitor the area. When there is insufficient or negligent security, those on the premises can suffer an assault. Lighting is also vital to keeping these areas safe since they do not allow anyone with ill intentions to hide in dark places.
At stores, there are high shelves where merchandise is stacked, which can fall on shoppers’ heads, causing harm. Stock clerks and others who handle inventory must adequately stack it and ensure it will not fall on a shopper.
Unmarked Floor Height Changes
The floor’s height changes, especially when you enter the store from the parking lot. Property owners must ensure markings indicate the change, such as the edge being painted a bright yellow.
Several parties can be held liable depending on the property and how the injury occurs. If there is a broken escalator, the property owner and the manufacturer can each have a premise liability claim against them. It is essential to review what claims you are eligible for with a premises liability attorney in West Memphis.
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Injuries from a Hazardous Property
Being the victim of a hazardous condition can result in various injuries requiring different treatments. Some examples are:
- Spinal cord damage
- Broken bones
- Traumatic brain injury
- Permanent scars
- Loss of a limb
You can sustain many other injuries depending on where and how the accident occurs. Allow a medical professional to evaluate you and attend all follow-up appointments.
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Damages for a Premises Liability Case
After you get medical treatment, have a prognosis, and your premise liability attorney in West Memphis conducts an investigation, we can make damage calculations. You might assume you can get compensation for your medical bills, but there are many other expenses you can obtain like:
- Lost wages
- Reduced earning capacity
- Emotional anguish
- Loss of enjoyment
- General pain and suffering
- Property damage
- Disfigurement and scarring
- Death benefits for the surviving family
Your premises liability attorneys will work hard to obtain compensation through a claim. Still, if that is not possible, we will file a premise liability lawsuit and begin the litigation process. Our West Memphis premise liability lawyers have 150 years of combined legal expertise, and we work to get the maximum compensation for our premises liability clients.
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Many visitors are unaware that property owners are liable for any injury that occurs on the property. While grocery stores and malls are prominent places where you can suffer an injury and file a claim, a friend’s house is not somewhere you think you have any rights, but you do.
Homeowners’ insurance policies can cover your injuries and damages when you suffer an injury on private property. Discuss your options with our West Memphis premise liability attorneys if you are unsure of your legal rights. We can conduct a consultation in our office or come directly to you. Call Gatti, Keltner, Bienvenu & Montesi, PLC today.