Category: Premises Liability

Feb 12, 2021 - Personal Injury by Cross & Smith

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.

Jan 31, 2020 - Personal Injury by Cross & Smith

If you have tripped and injured yourself while walking on a sidewalk in Alabama, the law may entitle you to bring a claim against the landowner for damages.  It’s worth noting, however, that such claims may be difficult to prove, as certain defenses, such as the application of the de minimis rule, can prevent a lawsuit entirely. Still it is not impossible to succeed, particularly when you have the help of a skilled Tuscaloosa trip and fall attorney. Understanding these barriers to recovery is necessary for an effective lawsuit.  Let’s take a closer look. What is the De Minimis Rule? The de minimis rule works to prevent a lawsuit against a public and private defendant in which some central aspect of the case does not meet some minimum level of significant necessary to justify the action.  For example, if you cut your finger in a bike accident, that might be considered an “injury” in technical terms, but the severity of the injury is so minimal that a court is unlikely to deem the claim actionable.  De minimis is therefore best conceptualized as a barrier to an actionable claim. The De Minimis Rule and Sidewalks In Alabama and other jurisdictions, the de minimis rule applies to sidewalks, and more specifically, to trip and fall cases involving said sidewalks.  Though the relevant landowners (i.e., municipalities, private landowners, etc.) have a responsibility to maintain sidewalks in a reasonably safe condition, the law does not impose a duty to keep sidewalks in a perfect […]

Jul 16, 2014 - Premises Liability by Cross & Smith

The Alabama Court of Appeals has reversed a trial court verdict in favor of a shopper who brought a premises liability claim against a retailer after suffering injuries when struck in the face by a mounted metal bracket. Tuscaloosa premises liability lawyers understand the court determined the only way the plaintiff in Burlington Coat Factory of Alabama LLC v. Butler might have proven her case would have been based on the doctrine of res ipsa loquitur, which was not asserted and was likely not applicable. The phrase is Latin for “the thing speaks for itself.” In legal cases, it is the theory that one can be negligent if he had exclusive control over whatever caused the injury, even when there is no specific act of negligence alleged. Instead, the plaintiff in this case had asserted theories of negligence or wantonness. While the trial court dismissed the wantonness claim at the conclusion of the trial as a matter of law, she was awarded $26,000 in damages for her negligence claim. The appellate court reversed, agreeing with the defendant that there was not enough evidence to show that the product was dangerous or defective or that employees on site had been negligent in their installations or inspections of the device.

Jul 2, 2014 - Premises Liability by Cross & Smith

A woman slipped and fell inside a bar and sustained serious injuries. The bar was found liable and ordered to compensate her $500,000, plus $112,000 in prejudgment interest. However, the company’s liability insurance maxed out at $500,000 per person per incident. How could the plaintiff collect? Tuscaloosa slip-and-fall lawyers note that in Graf v. Hospitality Mut. Ins. Co. she sought a writ of attachment on the bar’s liquor license in order to secure the excess judgment. A writ of attachment is a court order to “attach” or seize an asset. A prejudgment writ of attachment can be used prior to the conclusion of a case, while the outcome is pending, to freeze assets and ensure compensation will be available to the plaintiff in the event he or she is awarded damages.

May 7, 2014 - Premises Liability by Cross & Smith

Premise liability law is founded upon the principle that a property owner (or manager) has a responsibility to maintain a property in a safe manner for those who enter. The duty owed by the property owner to those on site depends on the relationship. For example, the owner of a property open to the public would owe to a patron is far greater than a private property owner would owe to a trespasser. For the most part, Tuscaloosa premises liability lawyers recognize that trespassers aren’t entitled to many protections, except in cases of injury caused by willful or wanton negligence. The one notable exception is attractive nuisance. This legal theory alters the duty that is usually owed by a property owner to a trespasser or licensee for the simple fact that the “visitor” is a child drawn to the property by a hazard. A perfect example of this is a swimming pool. This not only poses a serious potential danger, it’s one a person could reasonably expect would be considered an attractive place to play. In order for a liability lawsuit to be successful, the owner must know a dangerous condition exists, the child must not know or recognize the danger and the child must not receive proper warning of the danger.

Mar 20, 2014 - Premises Liability by Cross & Smith

One of the more common types of injuries that people sustain is a slip-and-fall or trip-and-fall. However, Birmingham personal injury lawyers recognize that in order to have a valid premise liability claim against the property owner for such an incident, plaintiffs have to show there was some degree of negligence. This is a several-step process. It involves establishing that: The property owner had a duty of care to you; The property owner breached that duty of care to you; As a result of this negligence, you sustained injuries for which you deserve compensation. A lot of this is going to depend on your relationship to the property owner, the type of hazard that resulted in the fall and whether you in any way contributed to the fall with reckless or negligent action.

Feb 20, 2014 - Premises Liability by Cross & Smith

A 7-year-old boy was in critical condition following a 5-story fall from a balcony in Birmingham. Authorities are still investigating what factors may have played a part in the fall. A Birmingham premises liability lawsuit could be a possibility depending on the particular facts of the case. Individual homeowners may also be liable in certain situations. Unfortunately, balcony falls are all too common, often resulting in critical injuries, or even death. Recent balcony falls since the beginning of the year include:

Jan 27, 2014 - Premises Liability by Cross & Smith

A recent report by the Alabama Criminal Justice Information Center reveals that, on average, there were six violent offenses that occurred daily in Alabama schools in 2011, the most recent year for which statistics were available. The agency indicates that police responded to an estimated 2,140 incidents of school violence – from kindergarten through college – throughout the year. Among those calls were one homicide, 17 rapes, 30 robberies, nearly 250 aggravated assaults and nearly 1,900 simple assaults. A large number of these incidents resulted in severe bodily injury.

Dec 1, 2013 - Premises Liability by Cross & Smith

The Alabama Supreme Court recently granted state immunity to a middle school that had been named as a defendant in a civil case alleging negligence against a student who had been a victim of an alleged sexual assault on school grounds. The plaintiff had claimed the school and principal’s negligence in providing adequate supervision created an opportunity for the assault to occur. Our Tuscaloosa personal injury lawyers know that immunity laws are nothing new, dating back to English common law, which included the legal doctrine that “the king can do no wrong.” Statutes like these are commonplace throughout the country, and most hold that the state can’t be sued for negligence. The general idea is that individuals, not taxpayers, should be responsible when negligence occurs. However, there is a procedure in Alabama whereby a person can file a claim for injury or death against a city, though the maximum award is capped at $100,000 per plaintiff and $300,000 per incident. In some of these cases, a government employee can’t be sued for negligence in his or her official capacity, but can be sued in his or her individual capacity.

Oct 2, 2013 - Birmingham by Cross & Smith

It’s been six months since a huge sign at the Birmingham International Airport came crashing down, killing a 10-year-old boy and severely injuring his mother and younger brothers. Our Birmingham premises liability lawyers know three other signs just like it were removed. We know, based on an investigation by Al.com, that there were advance warnings that the signs could pose a safety threat. And we also know that the family of the boy has filed a wrongful death lawsuit, that is slated to proceed in November of next year. What we don’t know is how much safer we are in the airport.