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Monthly Archives: February 2021

Suing for Swimming Pool Injuries: Know Your Rights

Feb 26, 2021 - Personal Injury by

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 […]

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Establishing Notice for an Inadequate Security Claim

Feb 12, 2021 - Personal Injury by

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 […]

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"After my husband was injured in a burn accident at work, we felt the accident could have been avoided. I was not sure where to start, but after careful research, we met with Justin Smith and shared our experience. From day one, we felt we were in good hands. Justin and Dell explained everything and kept us informed from start to finish. It was a complicated case that took an outside the box approach. Both Justin and Dell made us feel like part of the team."
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