Giroux Amburn, P.C.

Premises Liability

Standing Up for You When Your Injuries Could Have Been Avoided

All property owners are required under premises liability laws to keep their property safe. If they fail to do so, people could get hurt. The personal injury attorneys at Giroux Amburn know that when a property owner fails their duty of care, they’re the ones that should pay, not you.

There are two basic rules to determine fault in a premises accident. First, the owner has a duty to anyone who enters the property to keep the property safe. Second, those who visit the property must use the property normally and safely.

In order to prove liability in a case like this, your attorney must prove:

  • That the owner had a legal responsibility to keep the property safe for use
  • That legal responsibility extended to you, the plaintiff/injured party
  • The owner failed that responsibility, resulting in your injuries

The most common premises liability claims include things like:

  • Slip and fall accidents
  • Trip and fall accidents
  • Dog bite accidents
  • Falls from heights
  • Elevator and escalator accidents
  • Swimming pool accidents
  • Electrocutions

Did you suffer an injury due to any of the following?

  • Wet floors without proper signage
  • A poorly lit property
  • Poor security on a property
  • Faulty electrical wiring
  • Toxic substances
  • Unsafe or collapsing structures
  • Fires
  • Failure of an automatic door
  • Explosions
  • Building code violations

 

If you are suffering due to someone else’s carelessness, let the attorneys at Giroux Amburn help. We understand the devastating effects that these accidents can have on an entire family, and we know that it’s hard to figure out what to do next.

That’s why we always go the extra mile for our clients, from the initial consultation to the courtroom. We have handled over 120 trials for families all over the country, so we know what it takes to win.

Frequently Asked Questions

Q: What are my civil rights?

Generally speaking, your civil rights are those enumerated under the US Constitution and legislative acts. Civil rights are typically those considered to be related to an individual’s political and social freedom and equality.  These rights range from your right to free speech to your right to an attorney.

Q: What rights do I have if I’ve been arrested?

The most important rights to consider if you’ve been arrested or picked up by police are the right to an attorney, the right to avoid self-incrimination, and the right not to be unlawfully detained. You can always refuse to answer questions and request an attorney. If you have not been formally placed under arrest, you have the right to leave police custody. If you’ve been placed under arrest, the police have a certain amount of time they can hold you without formally filing charges. Even after you have been formally charged, you have the right to request a non-punitive bail, which can be granted or denied at the judge’s discretion.

Q: What is the statute of limitations for a civil rights claim?

Depending on the claims alleged, civil rights violations have varying statutes of limitations under state law. Federal courts typically apply the laws of the forum state in assessing the applicable statute of limitations. If you believe your rights have been violated, you should speak to a lawyer immediately.

Q: What are common types of civil rights claims?

Technically, a civil rights claim can be any act that in some way has infringed upon an individual’s autonomy.  The most common types of civil rights claims involve abuse by government actors, such as police brutality or misconduct, or agencies, wrongful termination, and employment discrimination.

Q: I believe my rights have been violated by the government or one of its officers. Do I have a claim?

Government actors and officers are protected by governmental and qualified immunity that bars claims. However, if it can be proven that the government or its officer acted with gross indifference or acted in a way that serves as an exception to their governmental immunity, you can pursue a claim.

Q: What is a 1983 complaint?

The most common type of civil rights claim is a federal 1983 claim. 1983 claims are those raised under 42 USC 1983, which governs the actions of governmental agents, like police officers. 1983 claims are often asserted when an individual has been assaulted by a police officer, a government funded institution commits a tort, or an individual suffers an injury or death while incarcerated.

Q: Can I file a civil rights claim on behalf of a family member or friend?

You can only file a civil rights claim on behalf of someone other than yourself if one of the following exceptions applies: wrongful death cases, an incapacitated plaintiff, a minor plaintiff, or a class action case.

Q: What is the difference between a civil and a criminal violation of civil rights?

A criminal civil rights violation involves the use or threat of force. A civil violation of civil rights involves no violence, only discriminatory behavior. Criminal violations carry incarceration penalties, while civil violations carry monetary penalties.

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