When you sustain a personal injury on private property, it’s usually because a negligent property owner didn’t maintain their property and failed to meet the duty of care they owed you. This could be from failing to salt an icy sidewalk or inform someone to avoid an unsafe area on the property. If this has happened to you, there are legal options you can explore. Thomas Law Offices can offer representation from an adept and experienced Louisville premises liability lawyer to help you with your claim.
We understand how complex these situations can be. You may have misgivings about bringing a case forward because of how it could affect the property owner, but your health and wellbeing need to come first. Your injury could have put you in the hospital or may require a recovery period where you won’t be able to work. If this happened because someone else was at fault, then you shouldn’t have to bear the financial burden all on your own.
Kentucky Premises Liability Laws
Understanding premises liability can be difficult. It’s important to be familiar with the state’s premises liability laws.
People who visit another person’s property can be categorized as invitees, licensees, or trespassers.
An invitee is someone who has permission to be on the premise. They could be a personal guest or a customer at a store. Licensees are people who pay to be on the property, like tenants in an apartment building. Trespassers are people on the property illegally and do not have permission to be there.
Your compensation may differ depending on what category you fall under. There’s a better chance for your case if you were allowed to be on the property and were wrongfully injured, rather than trespassing on the property and getting hurt.
Kentucky has a comparative negligence rule, which means the person on the property may be held partially liable for their injuries. Your actions and conduct, as well as the property owner’s, will be taken into account when determining liability. There could be situations where instead of someone assuming 100 percent liability, a property owner could be found to be 75 percent at fault and the injured party at 25 percent.
We will do everything to show that you were not at fault for your injuries and fight to get you 100 percent of what’s owed to you.
Why Is It Important to Quickly File Your Premises Liability Claim?
You need to make sure you’re within the state’s statute of limitations. According to the law in Kentucky, you have one year after the accident to bring a case forward if you were injured on another’s property. If you had personal property that was damaged because of the accident, then you have two years to come forward with a claim.
Failing to meet the statute of limitations could put your case in jeopardy and there’s a high chance it will be tossed out. Getting started with a premises liability attorney gives you plenty of time to work within the statute of limitations and you will be able to recall actions and details more clearly, which will give a more accurate description of the incident.
The Dangers of Slip and Fall Accidents
One major cause of injuries on unsafe property is a slip and fall accident. Many factors can make someone lose their balance and fall.
- Uneven Walkways. Walkways that aren’t level or are full of holes could possibly make someone fall.
- Slippery Floors. Spills, leaks, or water that’s been tracked in from the outside, such as melted ice or snow, can create surfaces that people will slip and fall on.
- Failing to Clear Sidewalks and Parking Lot. Inclement weather increases fall risk if the property owner doesn’t take care of clearing ice or snow.
- Unsafe Staircases. Property owners need to make sure staircases and railings can safely support people. Failing to do this puts people at risk of injury.
- Clutter and Debris. If the ground is littered with wires, trash, or any kind of obstruction, people can fall and also hurt themselves from the impact of hitting more debris.
- Torn Carpets. Old carpets may be frayed or have holes in them. New carpets may not be anchored to the floor. In both cases, safety measures haven’t been taken.
Falling accidents can cause the following injuries:
- Traumatic Brain Injury (TBI)
- Neck/Spinal Cord Injuries
- Broken Bones, Sprained Joints
- Lacerations, Bruising
Our lawyers will look into medical records to determine what injuries occurred and how much treatment and recovery will cost you, so your settlement will help you with medical expenses. We will also take your pain and suffering into account, because you’ve been through a traumatic experience that could have been prevented.
The Importance of Adequate Security
One common area where premises liability is vital is the area of security. All businesses and public venues like concert halls, theaters, sports arenas, and stadiums are required by law to have adequate security measures in place to protect patrons from theft, shootings, or other acts of violence. These measures include hiring and training security guards, having adequate security cameras in place, good lighting, and ways to quickly exit the venue safely should an emergency occur.
If someone is injured due to a violent crime in such a venue where these security measures are found lacking, they may be able to file a negligent security claim against the business.
What Does Your Premises Liability Claim Need?
You may be wondering what a valid premises liability claim needs. Your Louisville premises liability lawyer will help you get the evidence you need to prove your case and make sure it meets the following requirements:
- The property owner owed you a duty of care and failed to meet it.
- You were injured on their property.
- Your injuries were a result of the property owner’s negligence.
You can hold the property owner accountable for their actions. You’re also sending a message about their negligent behavior, which means they may make changes to make sure a similar event doesn’t happen again.
Let a Louisville Premises Liability Attorney Help You
When a property owner’s negligence caused your injury, you may feel like you want to resolve the matter as soon as possible just to get it over with. Insurance companies may rush you or try to get you to settle quickly. But these situations may result in you getting less compensation than you deserve.
With a premises liability lawyer from Louisville at your side, you can rest assured that a professional is looking out for your best interests. We will fight to get you the compensation you deserve, so you don’t have to worry about missing work and affording medical care. Contact us today and get started on your case.