Memphis Slip and Fall Attorneys Protect Your Legal Rights
Strong legal advocates for Memphis, Jackson and West Tennessee families after an injury
A slip-and-fall on the floor at the mall, taking a tumble on stairs with a broken handrail, or getting attacked when your neighbor’s dog broke loose from their yard, these are injuries that can occur on someone else’s property and because of someone else’s negligence.
Whether it is a senior citizen who lost their balance on an uneven walkway or a young woman whose heel got caught in an escalator, anyone who walks on two legs might someday take a tumble and suffer an injury. The owner of the property might have been negligent and caused your injury, but you are not sure. If you are correct, then you may have the legal right to take legal action. The laws governing your right to sue when you have been injured on someone else’s property are referred to as “premises liability.”
At Bailey & Greer, our Memphis premises liability lawyers offer legal services to those who have been injured in a premises liability accident. We investigate the incident, and we offer guidance and advocacy as we pursue compensation for your injuries and losses.
What Is Premises Liability?
Premises liability refers to the liability a landowner has for certain “torts” or damages caused by many different conditions. The one thing all these conditions have in common is the fact that they are hazardous. Here are some common hazardous conditions that could lead to a premises liability lawsuit:
- Open excavations
- Uneven or damaged pavement
- Poor lighting
- Poor security
- Defective seating, such as chairs and benches
- Icy walking surfaces
- Standing water and/or wet walking surfaces
- Falling objects
The list can go on and on. But when you are injured by one of these conditions, and the injury could have been prevented by maintenance, premises liability law comes into play.
How do slip and fall injuries occur?
Slip-and-fall injuries occur when a hazardous condition exists. According to the National Floor Safety Council, slip-and-fall accidents are a leading cause of visits to the emergency department (about 8 million) each year in the United States. A slip-and-fall accident can occur in places such as:
- Concert venue/ stadium
- Sporting event
- Vacation Rental
- University campus
Do I have a premises liability case?
Many Americans spend much time outside their homes during the course of a normal day, and of course, we are often on someone else’s property. It must be determined why you were on that property in order to determine if someone was negligent. There are four basic reasons for being on someone else’s property. These four designations are:
- Invitee: A person who is invited onto someone else’s property. For instance, if you enter a store to shop and slip on a wet, unmarked floor, then your legal status is invitee.
- Social Guest: This designation is pretty much what it seems. You are visiting a location with the direct permission of the owner. However, it is important to note that a social guest can be an invitee or a licensee.
- Licensee: A licensee is a person who is on the property by authority of law or by consent. An example would be a firefighter called to put out a fire.
- Trespasser: A trespasser enters a property without any right to do so. Surprisingly, the property owner can sometimes still be held liable if he or she knew that a trespass might occur and that a dangerous condition existed.
To successfully pursue a legal claim against a property owner, the injured party must prove that:
- The defendant is the legal owner of the property.
- The plaintiff is either an invitee or licensee to the property (except in rare instances in which a trespasser has sued).
- There was negligence on the part of the owner that directly contributed to the injury.
When all these pieces are in place, a premises liability lawsuit can proceed.
What can I do if I am injured on someone else’s property?
Premises liability is one area of law that people sometimes do not pursue when they have been hurt because they do not understand their rights and what they might be able to recover.
Here are some things you should keep in mind if you are seriously injured on someone else’s property:
- See a doctor right away. Your health is very important. Also, if there is a delay in treatment, it can hurt your potential case.
- Get information from any witnesses to your accident. Get their names and contact information. When you realize your medical bills may never be paid, it may be too late to begin gathering evidence.
- Do not sign the incident report right away when you are given one by the manager or security personnel in a store. Instead, thank them and explain that you will have your lawyer look it over later.
- Call a lawyer. If the injuries you sustain are serious and you fear that massive medical bills, loss of work, and pain are in your future, then you need legal advice as soon as possible.
At Bailey & Greer, we are experienced in all sorts of Tennessee premises liability cases. We know the pain and suffering that can come with life-changing injury or the death of a loved one. We offer the comfort and security of knowing that those who are to blame will be held responsible for your injuries.
Schedule a consultation with an experienced Memphis premises liability attorney right now
The law firm of Bailey & Greer represents people with premises liability claims throughout West Tennessee. You are welcome to call today at 901-475-7434 or complete our contact form to set up a free initial consultation to discuss your case and to answer your legal questions. Don’t wait until it is too late.