Imagine visiting a friend’s apartment complex, heading up the dimly lit stairwell to their unit. As you ascend, you suddenly slip on a broken step. The lack of adequate lighting made it impossible to see the hazard, and the absence of warning signs or maintenance neglect further compounded the danger.
In an instant, you find yourself injured, facing mounting medical bills, lost income, and the emotional distress that comes with it.
If you or a loved one suffered injuries due to a property owner’s negligence, you may recover compensation for your losses. Contact the Memphis premises liability attorneys at Wright Gray Law Firm to discuss your case and legal options.
Memphis Premises Liability Guide
- Why Choose Wright Gray Law Firm for Your Premises Liability Claim?
- What Is Premises Liability?
- Do I Have Grounds to Bring a Premises Liability Case?
- Common Premises Liability Hazards
- Who May You Hold Liable in a Premises Liability Lawsuit?
- What Damages Can Premises Liability Victims Recover?
- How Can a Lawyer Help With My Premises Liability Claim?
- Contact a Memphis Premises Liability Lawyer at Wright Gray Law Firm Today
Why Choose Wright Gray Law Firm for Your Premises Liability Claim?
The personal injury lawyers at Wright Gray Law Firm are dedicated to helping individuals who suffered harm due to another person or party’s negligence. When you hire a lawyer from our firm, you get a legal team focused on your best interests.
We combine personalized legal service with a strong professional edge. We will assess the strength of your claim, explain your rights and legal options, maximize your chances for a successful outcome, and get you the compensation you need and deserve for your injuries and losses. Contact us today for your free consultation, and let us help you get the justice you deserve.
What Is Premises Liability?
Premises liability holds property owners and occupiers responsible for injuries and accidents that occur on their property. It is based on the idea that property owners must maintain a reasonably safe environment for those who visit their premises.
If their failure to do so injures someone, the injured person may pursue a premises liability claim or lawsuit to seek compensation for their injuries.
Premises liability cases typically revolve around:
- Duty of care: Property owners and occupiers must reasonably ensure the safety of individuals who legally enter their property. The level of duty may vary depending on the relationship between the injured party and the property owner (such as an invitee, licensee, or trespasser).
- Breach of duty: To establish a premises liability claim, the injured party must demonstrate that the property owner breached their duty of care. This may involve showing that the property owner knew or should have known about a dangerous condition on the property and failed to address it.
- Causation: The injured party must prove that the breach of duty caused their injuries.
- Damages: To recover compensation in a premises liability case, the injured party must demonstrate that they suffered actual damages, such as medical expenses, pain and suffering, lost income, and other losses.
If you believe you have a premises liability claim, consult a premises liability attorney at Wright Gray Law Firm, who can provide guidance and legal representation.
Do I Have Grounds to Bring a Premises Liability Case?
Many people can bring premises liability claims. The level of legal protection and the potential success of a claim can depend on the legal status of the person on the property.
These categories typically include:
Trespassers enter another person’s property without permission. In general, property owners owe the lowest duty of care to trespassers. Property owners need not warn trespassers about potential dangers on the property, but they cannot intentionally set traps or engage in willful or wanton misconduct that could harm trespassers.
Licensees have permission to enter the property for their own purposes or interests, not the benefit of the property owner. For example, social guests are licensees. Property owners owe a higher duty of care to licensees than trespassers. They must warn licensees of any dangerous conditions on the property that the property owner knows about.
Invitees enter the property with the express or implied invitation of the property owner, usually for the mutual benefit of both parties. For example, a person shopping at a grocery store is an invitee. Property owners owe the highest duty of care to invitees. They must maintain a reasonably safe property, regularly inspect it for hazards, and promptly address any dangerous conditions or provide adequate warnings.
Common Premises Liability Hazards
Premises liability hazards can take many forms. They vary depending on the type of property and its use.
Common premises liability hazards include:
- Wet or slippery floors
- Uneven or damaged flooring
- Loose rugs or mats
- Icy sidewalks or parking lots
- Spills that are not cleaned up promptly
- Inadequate lighting
- Broken or uneven steps or staircases
- Obstructed walkways or aisles
- Cords or cables across walkways
- Debris or objects left in common areas
- Poorly maintained or broken handrails
- Neglected maintenance of elevators or escalators
- Failure to address structural defects
- Lack of routine inspections
- Aggressive or poorly controlled dogs
- Failure to meet local building and safety codes
- Failure to post warning signs about hazards
- Swimming pool hazards
- Negligent or inadequate security
- Failure to store, handle, or dispose of hazardous materials properly
Property owners must address and rectify hazards or, at the very least, provide warnings about dangers on their premises. Failure to do so can result in legal liability if someone is injured due to these hazards.
Who May You Hold Liable in a Premises Liability Lawsuit?
In a premises liability lawsuit, you can hold various parties liable, depending on the specific circumstances of the case. The primary party you can hold liable is typically the property owner or occupier, but liability can extend to other entities or individuals as well.
Here are some of the parties that can be held liable in a premises liability lawsuit:
The property owner is often the primary party you can hold liable for injuries that occur on their property. This may include individuals, businesses, landlords, or government entities who own or control the premises.
If someone other than the owner occupies or leases the property, you can hold them liable for injuries that occur on the premises. This could include tenants, lessees, or businesses operating on the property.
If there is a property management company responsible for maintaining and managing the premises, you can hold them liable for negligence in their duties, such as failure to address hazards.
Contractors and Maintenance Companies
You can hold third-party contractors or maintenance companies hired to perform work on the property liable if their actions or negligence led to hazardous conditions.
In some cases, you can hold government agencies or municipalities liable for injuries on public property if they fail to maintain the premises or address hazards.
In cases where inadequate security measures or negligence by a security company contributed to an injury, you can hold the security company liable.
If an event organizer fails to address safety concerns or provide adequate security, you can hold them liable for injuries that occur during the event.
Commercial Property Tenants
On a commercial property, tenants who control specific areas of the property may bear some responsibility for safety within their leased space. You can hold them liable if their negligence contributes to injuries.
What Damages Can Premises Liability Victims Recover?
Premises liability accident victims may recover damages to compensate them for the losses and injuries they suffered in the accident. The specific damages available can vary depending on the circumstances of the case and the applicable laws in the jurisdiction.
Here are some common damages that premises liability accident victims may recover:
- Medical Expenses: Victims can typically seek compensation for the cost of medical treatment related to their injuries, including hospital bills, surgeries, doctor’s visits, medications, rehabilitation, and any necessary medical equipment.
- Pain and Suffering: Victims may recover damages for the physical and emotional pain and suffering they experienced due to the accident and their injuries.
- Lost Income: If the accident results in the victim’s inability to work or causes them to miss work for an extended period, they can seek compensation for lost income and future earning capacity if their injuries result in long-term disability.
- Property Damage: In cases where personal property, such as clothing or personal items, is damaged or lost as a result of the accident, victims may recover compensation for property damage.
- Disfigurement or Scarring: Victims who sustain disfigurement or scarring as a result of the accident may recover compensation to address the impact on their appearance and self-esteem.
- Loss of Consortium: In some cases, the spouse or family members of the victim may seek damages for the loss of companionship, care, and support because of the injuries.
- Wrongful Death Damages: If a premises liability accident results in a fatality, the surviving family members may pursue wrongful death damages, which can include funeral expenses, loss of financial support, and compensation for the emotional suffering and loss of companionship.
How Can a Lawyer Help With My Premises Liability Claim?
A premises liability lawyer can help you with your premises liability claim in several ways. They have the knowledge and experience to navigate the legal process and work to maximize your chances of a successful outcome.
Here are some ways a lawyer with Wright Gray Law Firm can assist with your premises liability claim:
- Evaluate the specific circumstances of your case to determine its strength and viability, and help you understand whether you have a valid claim and the potential damages you may be entitled to.
- Explain your rights and legal options, providing you with the information you need to make informed decisions throughout the legal process.
- Thoroughly investigate the incident, collecting evidence to support your claim, such as witness statements, surveillance footage, and accident reports.
- Identify the responsible parties, whether it’s the property owner, occupier, or others, and assess their potential liability based on their duty of care and the specific hazards involved.
- Compile and document all your damages, including medical expenses, lost earnings, property damage, and pain and suffering.
- Develop a legal strategy tailored to your specific case, which may include drafting legal documents, filing a lawsuit, and representing you in court if necessary.
- Negotiate with insurance companies and advocate on your behalf to ensure you receive a just compensation offer.
- Represent you in court and present your case to a judge and jury, if a fair settlement cannot be reached.
A knowledgeable attorney can significantly increase your chances of a successful outcome and help you navigate the complexities of the legal process involved in premises liability cases. Let us work to secure the compensation you need to recover from your injuries and losses.
Contact a Memphis Premises Liability Lawyer at Wright Gray Law Firm Today
If you or a loved one suffered injuries in an accident or incident at an establishment, you may hold the property owner liable and recover compensation for your medical bills and other damages.
Don’t navigate this complex legal terrain on your own. The experienced Memphis premises liability attorneys at Wright Gray Law Firm can help you secure the compensation you deserve.
Contact Memphis personal injury lawyers today at (901) 519-3443 or through our online form for your free consultation, and let our dedicated legal team guide you through the process and advocate for your rights.
“My experience with this law firm was outstanding! Rosalyn Dobbins is an exceptional Attorney who puts her clients first. This is a top notch personal injury law firm, and the entire team is spectacular. I would recommend this law firm to any of my friends, family, or associates because I am 100% sure they will be well taken care of.” Colleen C. ⭐⭐⭐⭐⭐
Wright Gray Trial Lawyers – Memphis Office
5050 Poplar Ave Suite 1925
Memphis, TN 38157
P: (901) 519-3443