Can I still file for personal injury if for instance I knew ahead of time that the establishment site has some construction going on?
Don't follow your question. Try again. People get injured on construction sites all the time and knew they were there. Not really sure what you mean.
Generally, just because there was construction going on does not mean that the landowner does not have to protect against dangerous conditions. They cannot, for example, leave a gaping hole uncovered or without warnings or roping it off simply because they are doing construction.
Knowing the construction was ongoing is but one aspect and is not the specific danger. So I would say that little bit of knowledge isn't enough to say categorically, no. The facts need to be developed to show the specific condition that caused the accident and your knowledge of that condition before the accident occurred. Beyond that it will depend on your attention to what was going on.
You can still file a personal injury claim even if you knew that an establishment had some construction going on. However, the case could be more difficult as you either knew or should have known that the site was more dangerous because of the construction. You do not provide enough information to determine whether you could win your case. You should contact a personal injury attorney to further discuss your case. Most personal injury attorneys offer a free initial consultation so it should not cost you anything to determine whether you have a winnable case.
Knowingly accepting the risk can be a defense to a claim, however, just because you are involved in activity at a construction site does give anyone the right to be negligent in the performance of their respective duties. If you were there on your job , there is likely a workers compensation claim which should cover some of your economic losses. If there was a third party responsible for the injury there may be a negligence claim as well. Yes, consult an attorney.
You do not provide enough details to give a definitive answer. With that said, Alabama recognizes assumption of the risk and contributory negligence as complete bars to recovery in most personal injury cases. Also, an open and obvious danger / defect generally is not the basis for a premises liability claim. If the danger / defect is open and obvious, the law presumes that a reasonable person will avoid the danger / defect if possible. You may wish to consult with an attorney. Most attorneys will provide a free initial consultation.
You can always file a personal injury claim.
That depends on several factors such as what your status was on the property (/i.e. /employee, invitee, licensee, or trespasser). If you were an employee on a construction site, workers compensations laws would most likely apply and you would be entitled to workers' compensation benefits regardless of who was at fault. Also if you were an employee and someone other than you or your employer (/i.e./ a third party) was at fault, you could have a valid claim against the third party. If you were not an employee, it depends on whether you were an invitee, licensee or trespasser, what caused your injury, whether you could have done something to avoid the injury, whether the site owner could have done something to prevent the injury, etc. Also, Mississippi is a comparative negligence State, which means if the site owner was partially at fault, but you were also partially at fault, the damages would be apportioned depending upon the percentage of your fault.
That depends on a variety of factors, including the nature of your activity and the construction itself, what safeguards were in place to protect invitees from the construction work, were you working on the property, an invited guest, what type of establishment. These and many other factors will determine whether you assumed any risk of injury.
There still may be negligence on the part of the establishment site and/or the construction company even with your prior knowledge. You should seek specific legal advice from an accident lawyer regarding liability and damages for your injuries.
Much more information is needed. In New York, we have "comparative negligence". You have to prove that someone's negligence caused your injury. But you might have been partly at fault as well. So, the liability can be divided accordingly. But, there is also the prospect of "assumption of risk". So, if you knew that a situation was dangerous and you voluntarily put yourself in harm's way, then you cannot recover.
You can still make a claim, but the defendant will raise comparative negligence as a defense. In Florida one person doesn't have to be 100% at fault....a jury can divide up the negligence based upon their interpretation as to who contributed what percentage of negligence to the accident.
The category of cases dealing with situations like that is called "premises liability". An analysis of a premises liability case starts with determining the status of the injured person as trespasser, licensee, or invitee. The most favorable scenario for a plaintiff is that of a business invitee. "The possessor of land is liable for injuries to a business visitor caused by a condition encountered on the premises only if he (a) knows or should have known of such condition and that it involved an unreasonable risk; (b) has no reason to believe that the visitor will discover the condition or realize the risk; and (c) fails to make the condition reasonably safe or to warn the visitor so that the latter may avoid the harm."
Because of the problems with premise cases, you should sit down with an attorney before you file a claim or do anything. Anything you say to the adjuster can cause them to deny your claim.
Eventhough you were injured in an area where you knew the danger, a viable personal injury action may be maintained. Your knowledge of the condition would go to your comparative negligence. You should contact an attorney to discuss this matter further.
We are not sure what you're asking about. If the danger was open and obvious you cannot sue. You should consult with a lawyer to determine your rights.
It is possible for your recovery to be limited or lost if you too were negligent. You need to explain the full circumstances before an opinion can be given. If you do not act promptly you may lose all of your rights just due to the passage of time.
Yes, if you didn't know of the specific defect and the other party should have known of it and had a reasonable time to fix it.
Yes, that fact alone does not bar a claim.
You can always file. But those circumstance may lead to a reduction in the amount that you ultimately recover.
This depends on the facts. Was the dangerous activity the cause of your injury or was it something else that had to do with the construction? For example, if you were at a bar riding a mechanical bull, and although it is a high risk activity, assume that the bar owner failed to tighten the screws holding the bull body onto the machine and the bull flew off causing you injury. In this instance the negligent maintenance of the bull caused the injury rather than the risk of riding the bull. If you were thrown off and injured, you would likely face the defense of assumption of the risk.
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