Statute of Limitations and Premises Liability Law in Kentucky
If you’re injured on someone else’s property, you might have what’s called a “premises liability” claim. Below, we explain what premises liability is and how long you have to make a claim.
What Is Premises Liability?
Under Kentucky law, property owners must take reasonable care to keep their premises safe for visitors. In other words, they have a duty of care towards people who visit their property.
If someone gets hurt due to someone's failure to keep their property reasonably safe, the victim could sue for damages. This is the principle of "premises liability".
Premises Liability Claims
You can bring an action against a property owner if you can show that:
They owed you a duty of care.
They didn't take reasonable care to make the property safe.
You were injured on their property.
Your injuries were caused by their failure to make the property safe.
Premises liability injuries can range from minor cuts and bruises to catastrophic damage. In all cases, though, the injured person deserves justice for the harm sustained.
What Is the Statute of Limitations?
The statute of limitations is a time limit for making a legal claim against a person or business.
Time limits for making claims vary between states.
The type of claim you have determines what time limits apply.
Having a time limit helps to keep the justice system running more efficiently.
How Long Do I Have to Make a Claim?
In Kentucky, you have 1 year from the accident date to make a personal injury claim. So, for example, say you're injured at a trampoline park. You only have 12 months to file a lawsuit against the park owner (or another defendant) for your injuries.
Different time limits sometimes apply. For example, if the victim dies from their injuries, their loved ones can bring a wrongful death claim. The time limit in such a case depends on how long it takes for the courts to appoint a personal representative. And in medical negligence cases, the "clock" starts when you knew - or ought to have known - about the negligence.
What if the Victim Is Under 18?
Importantly, different time limits apply for injured minors in KY. The "clock" only applies to adults, meaning those aged 18 and over. The moment the child turns 18, they have 1 year to file a lawsuit for their injuries.
Put simply, if a child is injured, they have until their 19th birthday to make a claim.
What Happens to Premises Liability Settlements if You Don't File in Time?
Judges can be fairly strict when it comes to filing claims on time. If you don't file a personal injury lawsuit by the deadline, your case could be dismissed. And if the property owner has premises liability coverage, the insurance policy won't pay out. This all means that you can't claim damages if you're out of time.
Premises Liability Attorneys in Kentucky
Premises liability law can be complicated. Don't run the risk of missing a deadline or settling for less than you deserve. Instead, call our premises liability attorneys. If you have a case, we'll get to work right away.
Schedule a consultation with premises liability lawyers in Kentucky today!