Lexington Premises Liability Lawyer

Each day, we venture out in Lexington, Kentucky, never thinking twice about the prospect that we’ll encounter a dangerous property situation. However, as most of us are aware, when we put our fate in the hands of others, we lose control. That loss of control increases the chances that we may encounter a hazardous scenario that we weren’t prepared for. By the time we notice it, we may have already gotten hurt, or someone may have already lost their life.

The work we perform as Lexington premises liability lawyers here at Thomas Law Offices is both a blessing and a curse. While the downside is that our attorneys meet their clients under some of the most unfortunate circumstances after they’ve suffered a life-altering injury or lost a loved one, the heartwarming aspect of our role as attorneys is that we have the knowledge of Kentucky law and experience providing legal services in personal injury cases to help you understand the entire process and take legal action. This experience is necessary to get justice and fair compensation for our clients.

What Are a Few Types of Premises Liability Cases?

While there is a wide range of incidents that occur on someone’s property that may necessitate you filing a Lexington premises liability claim, our liability lawyers find that the following injury incidents that occur on another’s property most commonly result in injured victims taking legal action here in Kentucky:

  • Dog bites
  • Playground injuries
  • Elevator, escalator, and stair injuries
  • Swimming pool accidents
  • Slips, trips, and falls
  • Negligent security
Where Do Most Slip and Fall Accidents Happen?

What Are Common Premises Liability Injuries?

There’s no single type of injury that defines a premises liability case. Injuries that result can range in severity, depending on the type of injury incident and the circumstances under which it occurs.

Relatively minor injuries associated with premises liability incidents that only tend to impact a victim’s life temporarily include:

  • Lacerations
  • Strains and sprains
  • Bruises
  • Some types of broken bones

Severe injuries that have the potential of leaving behind a long-term or lasting impact on a premise liability victim’s life are:

  • Traumatic brain injuries (TBIs)
  • Internal organ damage resulting in internal bleeding
  • Spine or neck injuries, especially if they result in a spinal cord injury (SCI)
  • Protruding types of bone fractures

Our Practice Areas

  • Birth Injury
  • Brain Injuries
  • Camp Lejeune Water Contamination
  • Car Accidents
  • Construction Accident
  • Medical Malpractice
  • Motorcycle Accident
  • NEC Baby Formula Lawsuit
  • Negligent Security
  • Nursing Home Abuse
  • Personal Injury
  • Philips CPAP Machine Lawsuit
  • Premises Liability
  • Product Liability
  • Sexual Assault
  • Slip & Fall
  • Social Security Disability
  • Spinal Cord Injury
  • Truck Accidents
  • Workers' Compensation
  • Wrongful Death

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Elements You Must Establish To File a Lexington Premises Liability Claim

You must meet three requirements to be eligible to file a premises liability claim or lawsuit in Kentucky. You must be able to show that:

  • The Kentucky property owner owed you a duty of care
  • The property owner didn’t uphold the duty of care they owed you
  • A property owner breached their duty of care, causing your injuries

You or your Lexington premises liability lawyer must establish not just one but each of the three elements above if you wish to file a claim alleging the property owner’s negligence.

Understanding the Duty of Care of a Property Owner

Almost every Kentucky property owner is responsible for upholding a duty of care. What does that mean? It means landlords must ensure their premises are reasonably safe for those who are lawfully entitled to be there. That duty of care also includes an expectation that property owners will promptly make necessary repairs of any potentially hazardous situations after noticing it or it is brought to their attention.

Factors That May Impact Liability

Determining liability or proving negligence isn’t always straightforward or clear in premises liability cases.

One of the biggest factors that affects liability determinations is the nature of a person’s visit to the property. There are three classes of visitors that may frequent someone else’s premises, including:

  • Invitees: Individuals who fit into this category have been invited or asked to visit the location by someone else. There’s an implied understanding that property owners have taken reasonable measures to ensure their premises are safe for these anticipated visitors in these instances.
  • Licensees: Someone that visits a location with the property owner’s permission belongs to this category. An example of this is a parking lot placard holder. There’s no guarantee as to when they may use that placard, but they’re entitled to be at those premises because they have purchased it. Any party who suffers injuries on such a property must generally be able to show that the owner knew of the potential hazards that existed, was notified of them, and failed to address them in a reasonable amount of time for them to be held liable for these individuals’ injuries.
  • Trespassers: Property owners are seldom responsible for individuals who get injured on their property and didn’t receive prior authorization to be there. Owners generally have no obligation to ensure their premises’ safety in instances like this since they never invited the individual to visit them in the first place.

Some other factors that may affect who’s held liable for such a personal injury incident on someone else’s property include:

  • How long the potentially hazardous situation existed
  • Efforts a landowner made to resolve the dangerous property situation or to warn others who may travel onto their property about it
  • The nature of the hazard that harmed you
  • Maintenance schedules that may have been in place at the site
  • Whether the property owner knew about the dangerous property condition
  • Details surrounding the onset of the hazardous situation (i.e., a poor lighting situation that was caused by a power outage or a natural disaster that rendered a building less safe than it was previously)

What You Should Know About Attractive Nuisances

There is one legal concept referred to as an “attractive nuisance” that may allow individuals who were injured to recover compensation if they suffer injuries, even if a property owner didn’t want anyone to visit their property in the first place. Attractive nuisance cases like these most commonly center around minors who travel onto someone else’s property attracted by:

  • Potentially dangerous pets or livestock
  • Machinery or equipment left out in the open
  • Stairways
  • Low roofs
  • Tunnels
  • Non-garaged vehicles
  • Trampolines
  • Fountains
  • Cleared pathways
  • Wells

If there’s any potential for a child to trespass onto a property attracted by the items above, then a landowner must take measures to keep them out. Otherwise, if a minor trespasses and gets injured, their parents or guardians may be able to hold the property owner liable for any injuries they suffer as a result.

One of the reasons why Lexington residents hire Thomas Law Offices premises liability lawyers to assist them with their cases is because of how convoluted proving liability or negligence can be.

Meet Our Attorneys

  • Mike Campbell
  • Eric Kiser
  • Alex Cassell
  • Cameryn Gonnella
  • Lindsy Lopez

Compensation From Filing a Lexington Premises Liability Claim

While there’s no way to give you an actual amount of compensation you may be able to recover, we can provide you with a list of the types of damages you can request compensation for when filing your premises liability lawsuit.

If you or a loved one suffered one of the minor injuries described above, then it’s likely that the bulk of the costs amassed after the accident will be economic damages, such as medical expenses. Those medical bills you have may be associated with:

  • Ambulance fees
  • Emergency room costs
  • Follow-up care with a primary care physician
  • Physical therapy
  • X-rays and other imaging
  • Prescription medications

Our experience is that our clients who suffer some of the more serious injuries described above may not only need to claim medical economic damages like the ones above but also non-economic ones too.

Medical bills associated with a seriously injured victim’s care may be significantly higher if they received or end up requiring the following in the future:

  • Any assistive medical devices
  • Pain management
  • A surgery
  • Mental health counseling
  • Rehabilitative therapy

Also, since individuals who suffer these more severe injuries often miss time from work and are unable to return to their typical role after their injury incident, our premises liability lawyers often help them request lost wages as well as lost future earnings.

It’s also common for clients who’ve suffered debilitating injuries to have non-tangible losses that they want to demand compensation for when filing their premises liability claim. Examples of non-economic damages victims often request include:

  • Pain and suffering
  • Emotional trauma
  • Loss of enjoyment of life
  • Loss of companionship

Thomas Law Offices Can Help Hold a Negligent Property Owner Liable

You can expect any lawyer you speak with at any Lexington, KY law firm to have a basic understanding of Kentucky law as it relates to premises liability accidents that occur on someone else’s property. However, that rudimentary insight isn’t often enough to prove liability necessary to seek compensation that’s going to cover all the expenses you’ve already amassed and will continue to do so in the future.

Only an experienced premises liability lawyer that you’ve established an attorney-client relationship with in Lexington, Kentucky will know what evidence to secure and what arguments to make to prove liability necessary to secure maximum compensation and send a message to a property owner that negligent acts like theirs come at a cost.

Our Thomas Law Offices attorneys are eager to help you as a new client navigate the often complex legal process as you prepare to file your premises liability case until its completion. Seek medical attention for your injuries, gather together your medical records, and contact a lawyer at our law firm about your premises liability type of personal injury case.

Contact us to schedule a free consultation to establish an attorney-client relationship as a new client, which is necessary for our law firm to act on your behalf and in your best interests in a negligence case like this.

We Fight For Injured Clients Nationwide

Have You Been Injured? We're Ready to Fight for You.