Yearly Archives: 2021
Suing for Swimming Pool Injuries: Know Your Rights
Let an Experienced Tuscaloosa Personal Injury Attorney Help If you’ve been injured due to a pool-related injury in Alabama, then you may have a right to sue and recover damages from the pool owner. Swimming pool injuries are common, but few plaintiffs understand how liability works in this context. Let’s take a closer look. Pool Owners Have a Duty to Warn of Dangers Pool owners must maintain reasonably safe premises (under the circumstances) and warn users of any hazards. For example, if a pool area has smooth tile (not a rough, textured surface) and it is wet, it could pose a slipping hazard. Depending on the danger, the pool owner may have to either clean up the spill to correct the slipping hazard or put up signage warning users about the risk so that they can avoid it. Swimming Pool Regulations In Alabama, as in other states, there are several regulations associated with swimming pools. Pool owners must maintain four-sided isolation fencing that is at least five feet high, with self-latching gates. Further, toys must not be left in the pool as it may be considered an attractive nuisance for nearby children. Pool covers must be in place, and some pools (if they are large enough) must have a lifeguard on-duty. Safety devices may also be necessary. Importantly, some pools must include signage indicating various operational concerns: the hours of operation, whether the lifeguard is on-duty, etc. Supervisory Negligence Whether or not the pool has a lifeguard (or is simply […]Read More
Establishing Notice for an Inadequate Security Claim
Work With an Experienced Tuscaloosa Injury Attorney In Alabama, if you’ve been injured due to third-party criminal activity on another’s property (such as a retail store), then you can sue the property owner for damages based on an inadequate security claim. Inadequate security claims are essentially a sub-category of premises liability claims. Property owners have a responsibility to maintain their property in a reasonably safe condition, and that responsibility extends to the provision of proper security. A key issue in inadequate security claims is the element of “notice.” Below, our Tuscaloosa injury attorney takes a closer look at how it works. The Notice Element Notably, a defendant cannot be held liable for providing inadequate security if they were not aware of the danger of third-party criminal activity. However, it’s important to point out that a defendant’s ignorance of a danger does not let them escape liability. If you can show that they “should have been aware” of the danger (i.e., that a person in their circumstances would reasonably foresee the dangerous occurrence), then you can impose liability. The key to a successful claim is in showing that the defendant was put on notice as to the existence of the danger — here, the danger of third-party criminal activity. If they were put on notice, then it was their responsibility to take steps to correct the danger (by hiring additional security guards, installing security cameras, installing more lights for nighttime visibility, putting up warning signs, etc.). Whether a crime is “reasonably […]Read More
Auto Accidents: Who’s Responsible for Crashes Related to Defective Tires?
Work With a Tuscaloosa Auto Accident Attorney Defective tires can lead to serious car accident injuries. For example, a defective tire could explode at an inopportune moment or could be imbalanced (due to an air leak), making you lose control and crash. If you’ve been injured in an auto accident due to a defective tire, then Alabama law may give you a right of action against the manufacturer (and potentially against other parties, too). However, it can be difficult to understand how defective tire liability works, so let’s take a brief look at some of the basics. Defective Product Liability — Basics In Alabama, if you are injured due to a defective product (such as a defective tire), then you may sue the manufacturer and recover damages. The advantage of product defect liability is that you need not prove negligence — in other words, to recover damages successfully, all you have to show is that the tire was defectively manufactured or designed and that you were injured as a result of that defect. This isn’t always straightforward, however. Proving that the tire was defectively manufactured or defectively designed can be quite tricky. Whether a product is defective is ultimately a question of whether it is reasonably safe for its intended purpose. This may require extensive expert testimony, comparison to alternative products on the market, and more. For example, a tire may be predisposed to “leaking” air, but your Tuscaloosa auto accident attorney will have to introduce data compared to other […]Read More
Work Injuries: What If I’m Assaulted at Work?
An Experienced Tuscaloosa Work Injury Lawyer Can Help In the workplace, not all injuries are caused by “accident.” In fact, it’s not altogether uncommon for a worker to be injured due to a physical attack engaged by either a co-worker or a customer. Our Tuscaloosa work injury lawyer knows that the injured worker may have a right of action under Alabama law to sue and recover damages under these circumstances. It can be challenging to understand how injury liability works in situations where there are multiple potential defendants, so let’s explore liability based on the parties involved. We’ll use a brief example as the basis for this exploration. Consider the following: Suppose that you are working as a warehouse stocker at a retail store. During a shift, you are punched by a co-worker. It turns out that your co-worker was intoxicated at the time of the attack. Had they not been intoxicated, they would not have attacked you and caused you to suffer injuries. Now, let’s jump right in. Attacker Liability Taking the above example, it’s clear that the attacking co-worker would be liable to you for damages. They caused you to suffer injuries by acting recklessly or intentionally (i.e., by becoming intoxicated and attacking you). There is hardly any ambiguity as to the liability of the co-worker in this situation. Unfortunately, it can be difficult to recover fully from a co-worker, as they may not have the financial assets or the insurance coverage necessary to cover your losses in […]Read More