Monthly Archives: September 2020
Negligent Security Claims in Alabama
Sep 30, 2020 - Personal Injury by Cross & Smith
Let Our Experienced Tuscaloosa Injury Attorney Help If you are on another’s property and were injured due to a criminal attack by a third-party, then Alabama law may entitle you to sue and recover damages from the property owner or possessor. After all, you may be able to assert that the defendant is liable for negligent security — for failing to implement property safety measures to protect visitors from third-party criminal activity. Negligent security claims are somewhat non-standard, so let’s clarify with a basic introduction to how they work. How a Negligent Security Claim Works — Foreseeability Negligent security claims are a subcategory of premises liability claims. In essence, a defendant-landlord (or any other party “possessing” and “controlling” a given property) has a responsibility to maintain given premises in a reasonably safe condition for visitors. If a visitor is injured due to a dangerous condition of the property, then the defendant could be held liable for failing to correct the hazard, or for failing to warn the visitor about the hazard. Where the situation can get confusing is third-party criminal activity. Generally, there is no duty on a defendant — in the premises liability context — to protect visitors from third-party criminal activity, such as a battery or a mugging. However, a duty to take action (by taking steps to minimize such risks) will be imposed in circumstances where the third-party criminal activity was foreseeable. The issue of foreseeability is central to the plaintiff presenting a successful negligent security claim. […]Read More
How Does Comprehensive Medical Insurance Coverage Impact My Damages Claim?
Sep 16, 2020 - Personal Injury by Cross & Smith
Tuscaloosa Injury Attorney Here to Help You If you’ve been injured in an accident that was caused by another person’s negligence (or other misconduct), then Alabama law may give you a right to sue and recover significant damages as compensation. These compensatory damages include medical expenses suffered due to the defendant’s misconduct. For example, if you fractured your legs in a car accident caused by a drunk driving defendant, then they would be liable for the various medical expenses associated with the injuries: diagnostics, surgical intervention, pharmaceutical treatment, rehabilitation, and more. First-time plaintiffs may be left somewhat confused. Does the fact that they have comprehensive medical insurance (and therefore paid nothing out-of-pocket for their treatment) impact their ability to claim medical expenses as damages? No, it does not! Let’s take a closer look. Out-of-Pocket Costs Are Unnecessary for Recovery In Alabama, and other jurisdictions, plaintiffs may recover for their medical expenses in full, even if they did not suffer out-of-pocket costs (due to having purchased comprehensive insurance coverage). For example, suppose that you are injured in a slip-and-fall accident, and have to undergo $50,000 in surgeries (along with other related medical costs). As part of your overall damages claim, you assert a claim for medical expenses of $50,000. In reality, however, you did not have to pay a single cent out-of-pocket, as your medical insurance covered those costs completely. Despite that, the defendant would still be “on the hook” for the $50,000 — assuming you could establish liability. At first […]Read More