Have you been injured on someone else’s property in Memphis? Contact our experienced Memphis premises liability attorneys at Mama Justice to get justice and the compensation that you deserve.

Accidents are always hard to predict but most often occur in private homes and non-residential properties. Fortunately, safety regulations have been implemented to ensure that buildings are safely constructed and properly maintained to reduce the likelihood of injuries. However, sometimes accidents still happen despite best efforts, and you may be able to successfully file a premises liability claim as a result. If you’ve been injured because of a dangerous condition on either private or public property, contact our experienced Memphis premises liability lawyers at Mama Justice to schedule a free initial consultation.

What is Premises Liability in Memphis?

Premises liability in Memphis refers to the legal responsibility a property owner has to maintain their infrastructure in a safe condition for guests. Premises liability law covers the rights, duties, and responsibilities of building owners, occupants, and visitors. Premises liability law covers the injuries that residents or workers may suffer on the properties of others.

Premises liability claims are usually filed by individuals who have been injured on or near their property or those who have witnessed another individual being injured. If you’ve been injured in a premises liability accident, our Memphis premises liability lawyers at Mama Justice can help you get the justice you deserve.

Common Types of Premise Liability Accidents

Premises liability includes any negligence that occurs on the property of another. Premises liability arises when a property owner, landlord, or manager does something that is not reasonably safe, likely to harm others, and then someone gets hurt as a result.

These types of claims can occur on both residential and commercial properties. Some of the common types of premises liability accidents are:

  • Lack of Maintenance: Lack of maintenance can lead to an accident in the building. Without regular checks and fixes, appliances, elevators, and other devices may malfunction. Landlords or building managers who neglect these duties could be held responsible for injuries to visitors or tenants. Neglecting the upkeep of your building can lead to accidents by creating hazardous conditions. Neglecting repairs on standard building components can lead to a wide range of costly injuries, including those caused by broken escalators and elevators or faulty fire suppression systems. A landlord can be held responsible if an appliance or another building element malfunctions due to the property owner’s failure to maintain the building and injures a tenant or visitor.
  • Poor Security: No matter the company’s size, it is always obligated to provide a safe environment for its patrons and employees. Businesses may be liable for serious injuries that result from a break-in, robbery, or vandalism incident. Businesses must ensure the security of their customers, employees, and clients at all times. If a business owner fails to provide adequate security and an accident occurs, it may be liable for the damages resulting from negligent security.
  • Obstruction: Walking into an obstruction, whether it lays on the floor or hangs from the ceiling, is a common premises liability issue. All property owners are responsible for keeping walkways clear and useable, whether on the floor or hanging from the ceiling. While obstructions like holes in the floor or cracks in the ceiling often go unnoticed by most people, the owner must be aware of their responsibility to ensure that no injury occurs due to a lack of proper maintenance. Many commercial properties have walkways that run up and down hallways. Falling into a walkway is an issue often overlooked in the property design phase by owners, but it can lead to expensive litigation if a person is injured. If a property owner fails to maintain the premises in a reasonably safe manner, and someone suffers injury or loss as a result, the injured person may be able to recover compensation for the injuries suffered.
  • Slip and Fall Accidents: Slip and fall accidents are the most common premises liability claim. Slip and falls are the leading cause of traumatic brain injuries in the United States. These incidents also account for a significant proportion of all workplace injuries. In most cases, slip-and-fall accidents happen when the flooring is wet or slippery or when some sort of debris or a foreign object is on the floor. Slip and fall accidents occur when a property owner or manager fails to maintain the premises of their business. The injuries sustained in these accidents are often severe and often require expensive medical care. To reduce the chance of a slip and fall accident, landlords should pay close attention to the maintenance of their properties to prevent injuries. Ensuring that the grounds are well-lit, that snow is cleared regularly, and that any cords or wires are carefully placed will help avoid these types of accidents.
  • Uncontrolled Dogs: All pets have the potential to bite or attack. A property owner who keeps a dog on their premises must ensure that the pet cannot freely roam on neighboring properties. Property owners who fail to properly fence in their animals or restrain them with leashes may be legally liable for injuries caused by their pets.

Regardless of the type of premises liability case you have, you need an experienced premises liability attorney on your side who can help you fight for the compensation you deserve. Our experienced liability attorneys at Mama Justice are well-versed in Tennessee law and will handle your legal proceedings, ensuring that the responsible party pays for the damages caused. Schedule a free consultation with us today.

Elements of a Premise Liability Claim

In Memphis, a property owner must ensure the safety of their visitors. They should perform maintenance on hazardous parts of their property to make sure it is safe for use. If hazards are identified that cannot be repaired or removed, proper warnings should be placed around the premises to alert people.

Property owners who do not take adequate steps to ensure their properties are safe could be held liable for injuries. All four elements of a premises liability claim must be present before an injured party can recover compensation from a responsible party.

If any of these elements were absent, the liable party could not be blamed for the injuries sustained by the injured party:

  • The Defendant is Legally Bound to the Property: The defendant is the person you bring the lawsuit against. To sue anyone, that person must have some connection to the property. A landlord or property manager may be liable if they do not fix a dangerous condition in their property or if they rent houses to individuals who are known criminals and they commit a crime on the property while it is under the landlord’s control. One way to identify who your defendant is, is to make sure that the defendant owns, leases, or operates the building in question. To make a successful claim, you must be able to identify the individual or organization that owns, leases, or manages the property on which your injury occurred. If you are unable to identify the defendant, you cannot sue for an injury that occurs on that property.
  • Defendant Acted with Negligence: Negligence is when a property owner fails to exercise proper care to keep his premises safe, and an injury occurs. The person at fault for the injury should be held accountable for their lack of care. An example of negligence is when a property owner or property manager knows that their staircase is in an unsafe condition but does not fix them within a reasonable time. He may be liable if someone gets hurt because of the faulty staircase.
  • If you were injured: A property owner is not responsible for an injury on his or her premises unless a dangerous condition caused it. Even if the hazard caused the injury, you only have a legitimate premises liability claim if you sustained the injury as a direct result of the hazardous condition. Injuries outside of the property are not the responsibility of its owner. To win a premises liability claim, you must prove that you were injured on the property due to hazards. If you’ve been injured on a property due to someone else’s negligence, our premises liability attorneys can handle your premises liability case.
  • Defendant’s Negligent Actions Caused the Injury: The owner’s negligence directly caused your injury. To prove premises liability, the victim must show that the defendant had a duty to take reasonable care of the victim and that the defendant failed to uphold this duty. You may have a valid premises liability lawsuit if you sustain an injury while on someone else’s property and the owner was negligent.

Premises liability cases are complex and often require the expertise of an experienced lawyer to prove. Mama Justice can help you prove your case with our extensive knowledge and experience. If you’ve been injured in an accident while on public or private property, contact our experienced Memphis premises liability lawyers.

3 Types of Visitors in a Premises Liability Case

Premise liability cases are governed by a particular set of rules. For these cases to be successful, certain factors must be present. One of the most important factors is the status of a plaintiff. The status of a plaintiff can fall under one of three categories. These categories include:

  • Invitee: An invitee is a visitor who was invited by the property owner. Invitees are only invited for business purposes. A property owner owes invitees a duty of reasonable care, meaning they must take reasonable steps to ensure their safety. Property owners must be careful when allowing individuals onto their property, as they can potentially be held liable if an accident occurs. An injury to an invitee on someone else’s property is known as a premises liability claim. Typically, if an invitee is injured on someone else’s property, the property owner will be held responsible. If an invitee causes the injury, the owner will not be liable in most cases.
  • Licensee: A licensee is a person who has permission to enter another’s property. Licensees are guests who are invited to a property outside of business hours. A property owner must inform their guests of any potential dangers that may be present on the property, such as loose stairs and slippery floors. If a property owner fails to alert guests of these hazards, they could be held liable if the guests get hurt on the premises.
  • Trespassers: A trespasser is a person who has been denied permission to enter the property by the owner. A trespasser is not authorized on the property and has no legal reason to be there. The property owner is not responsible for any injuries that a trespasser may experience while on the property if they were unaware of the intruder.

Tips for Maximizing Your Compensation After a Premises Liability Accident

No one likes to think about the possibility of an accident, but unfortunately, they happen. You may be entitled to compensation if you’ve been injured in a premises liability accident. But, before getting any compensation, you need to prove that the property owner was at fault.

Here are some things you can do to maximize compensation:

  • Get medical attention immediately: If you are injured in a premises liability accident, you should get medical help immediately. Premises liability accidents can lead to catastrophic injuries such as spinal cord injuries, so you must visit a doctor as soon as possible.
  • Notify the property owner or manager of the accident as soon as possible: If you’ve been injured in a premises liability accident, it’s important to notify the property owner or manager as soon as possible. They may be liable for your injuries, and you could be entitled to compensation.
  • Gather evidence at the scene if possible: Gathering evidence at the scene will help your case immensely. Evidence like witness statements and photos/video footage will help to make your case more substantial if you are filing a premises liability claim. It is also essential to file an incident report immediately.

Let Mama Justice Fight for You

Premises liability law is highly complex and dependent upon the specific details of each case, so it is crucial to have a well-qualified attorney who knows the terrain. Mama Justice is the best choice for people who have sustained injuries in Memphis on someone else’s property. Our experienced Memphis premises liability lawyers have the experience and legal prowess in handling even the most complex premises liability claims.

If you have sustained injuries due to a premises liability accident, an attorney at Mama Justice can help you recover full compensation for your losses. We will negotiate with insurers to get the compensation you deserve and fight to ensure that justice is served. We offer free consultations. Contact us today at (888) 484-1476.