Here at Darrell Castle & Associates, we’ve seen countless premises liability cases, or cases where someone was injured due to the negligence of an owner, employee or manager of a property.
We care about our clients and we can’t stand to see people hurt by avoidable negligence. These victims are entitled to compensation and we want to go to bat for them to make sure they get what they deserve.
We’ve talked before on what exactly premises liability means, but now we want to go into detail on what needs to be proven.
Premises liability cases typically aren’t that difficult. Simply put, there has to be negligence that caused the injury and you have to be able to prove that negligence.
If you’re in a commercial building and slip and fall, causing an injury, then you need to be able to prove that what you slipped on was left there by an employee or the store management didn’t clean it up in a reasonable time.
We had a case a while back ago in which a woman slipped and fell in a restaurant. She was at the restaurant around lunch time and the trashcan had overflowed in the lobby area. There was soda in one of the cups in the trashcan and the syrup had leaked out. The lady slipped and fell on this mess and the result was a pretty serious injury.
When the woman came to us, we took the case.
The restaurant originally denied all allegations. They claimed they had nothing to do with the garbage overflowing – it happened during their busy lunch rush and customers were throwing things away left and right, causing the overflow.
We then sued them and acquired their records of maintenance.
By their own standard of procedure, they are supposed to empty their trash cans every hour and they had not followed through on that requirement at the time our client slipped and fell. After proving that, we won the case and our client received the compensation she deserved.
We’ve had many other cases such as these. The most common cases come from grocery stores, casinos or busy places like that where the injuries are minor.
The main thing to remember in premises liability cases is that the property’s owner/employee/manager has to be negligent and you have to prove it.
If you’re walking in the produce section of a grocery store and a customer drops a grape on the floor that you slip on two minutes later, there is probably no negligence there because the employee has not had sufficient time to see the grape on the floor and clean it up.
If that same grape has been on the floor for an hour or more and you slip and fall on it, causing injury, then you may have a case and need to see an attorney.
If you or a loved one have been hurt on someone else’s property because of their actions or inactions, we want to go to bat for you. We treat your injuries seriously and we’ll show you respect and compassion while fighting hard on your behalf.
If this is you, contact us online today or call us at (901) 327-1212 and we’ll gladly discuss your case at no charge.