Practice Areas
Premises Liability Claims
Have you been injured on someone else’s property? You might have a premises liability claim. Make sure the owner is held liable for your injuries – call our team for a free case evaluation.
What is Premises Liability?
Put simply, owners must ensure that their property is safe so that visitors won't be injured.
Premises liability is a duty, or legal responsibility, for property owners. Premises liability law applies to all property owners, including employers, business owners, and landlords.
If the property owner fails to keep their premises safe, and you're injured as a result, then you might have a compensation claim.
Examples of Premises Liability Claims
Premises liability claims vary widely. Some of the more common types of premises liability claims include:
Slip and fall accidents: These occur when someone slips or trips and falls due to a dangerous condition on the property, such as a wet floor or uneven pavement.
Inadequate security: These claims involve injuries or crimes that occur due to inadequate security measures, such as a lack of lighting or security guards in a parking lot or other areas of a property.
Elevator and escalator accidents: These claims can be made if someone is injured due to a malfunctioning elevator or escalator.
Swimming pool accidents: These claims can be made if someone is injured due to a lack of proper fencing or supervision at a swimming pool.
Fire and smoke injuries: These claims can be made if someone is injured due to a fire or smoke caused by a lack of proper fire safety measures.
Lead poisoning and toxic exposure: These claims can be made if someone is injured due to exposure to lead or other toxic substances on a property.
Animal attacks: These claims can be made if someone is injured as a result of an animal attack on a property where the animal was allowed to roam free.
Construction accidents: These claims can be made if someone is injured due to the lack of proper safety measures at a construction site.
These are some of the more common types, but there are many other potential claims that can be made depending on the specific circumstances of the incident.
Premises Liability and Personal Injury
There are many types of injuries you might sustain if you're hurt on someone else's property. The most common types of injuries include:
Back injuries
Broken bones
Cuts and bruises
Head trauma e.g. concussion
Neck injuries
Nerve damage
Soft tissue damage e.g. muscle strains, ligament sprains
Some accidents can cause very serious damage. In the worst cases, a victim may die or suffer life-changing injuries. If a loved one has been severely injured or died on someone else's property, contact our premises liability attorney in Kentucky for help.
Premises Liability vs. Negligence
Negligence and premises liability are similar concepts. However, they're not the same.
Premises liability is a type of tort, or negligence claim. You can make a premises liability claim if you can prove that an owner's negligence caused your injuries.
In other words, negligence is the basis for making a premises liability claim. If there's no negligence, there may not be a premises liability case.
Attorney Explains
Premises Liability Claims
Elements of a winning premises case:
- Duty of care: The plaintiff must show that the defendant is the property owner. They must show the owner owed them a duty of care (i.e. the duty to keep the premises reasonably safe for visitors and employees).
- Breach of duty: The plaintiff must show negligence. Meaning, they must show the defendant acted carelessly and failed in their duty of care e.g. failing to warn visitors of a hazard.
- Causation: Next, the plaintiff must show that the defendant's negligence caused their injuries. It's not enough to prove you were injured. It must be the defendant's fault in some way.
- Damages: Finally, the plaintiff must show they suffered actual loss as a result of their injuries e.g. financial loss.
What damages can I recover in a premises liability claim?
In a premises liability claim, the victim may be able to recover a variety of damages, including:
Medical expenses: Expenses, including out-of-pocket expenses, related to medical treatment for your injuries. Expenses include rehab, emergency care, and prescription costs.
- Lost wages: Income lost from time off work, or how long the plaintiff will be absent from work.
Pain and suffering: This can include damages for physical pain and discomfort, mental anguish, and emotional distress caused by the injuries.
Loss of consortium: These are damages for loss of companionship. They might also include compensation for support provided by the plaintiff's relatives.
Punitive damages: In some cases, the plaintiff may also be able to recover punitive Punitive damages , which are intended to punish the defendant for particularly poor, egregious conduct and deter similar conduct in the future.
Other expenses: Plaintiff can also recover for other expenses such as travel cost, accommodation cost, etc..
What you can claim depends on where you're located and the facts of your case. Call our premises liability lawyers in Kentucky to discuss your claim in detail.
Contact a premises liability lawyer as soon as possible after an injury.
It is important to contact a lawyer as soon as possible after a premises injury. Here's why:
Evidence preservation: A lawyer can help preserve critical evidence that may be needed to support your claim, such as photographs of the accident scene, witness statements, and medical records. The sooner a lawyer is involved, the more likely it is that important evidence will still be available.
Statute of limitations: Every state has a statute of limitations, which is a deadline for filing a lawsuit. If you fail to file your claim within the statute of limitations, you may lose your right to recover damages. A lawyer can help ensure that your claim is filed in a timely manner.
Investigation and documentation: A lawyer can investigate the accident, gather evidence and document the facts of the case. This can be helpful in proving negligence on the part of the property owner or occupier.
Negotiation and settlement: A lawyer can also help negotiate with the property owner or occupier's insurance company to try to reach a settlement agreement. Lawyers are experienced in this process and can help you get the best possible settlement.
Litigation: If the case goes to trial, a lawyer can represent you in court and argue your case. They have the knowledge, experience and skills to help you navigate the legal system and achieve the best outcome possible.
An experienced premises liability lawyer in Kentucky can help protect your rights, and help you navigate the legal process to recover the maximum compensation available.
Don't wait any longer to get the legal representation you deserve. Contact our premises liability attorneys in Louisville, KY today to book a free consultation.
Many people assume they must file a lawsuit and go to court to recover compensation after an injury. This is false; most premises liability cases never require legal action. Instead, we file an insurance claim against the property owner's insurance company to recover compensation.
How Do Kentucky Premises Liability Claims Work?
After providing the homeowner's or business insurance provider with the evidence that proves negligence and liability in your case, we can typically negotiate a fair settlement with the insurer. In some cases, the insurer might deny your claim or refuse to offer you a just settlement. If this is the case, we can take it to court.
Essentially a premises liability case proceeds like this:
You suffer an injury.
You schedule a free consultation with our team.
We help you determine any and all liable parties and file claims against their insurers.
The liable party's insurer offers you a settlement. In many cases, this will be far too low of a settlement.
We negotiate for a higher settlement. If the settlement is fair, you can accept. If not, we can take the at-fault party to court.
How Can I Prove Negligence in a Louisville Premises Liability Case?
To recover compensation from an at-fault property owner through a personal injury claim, we need to prove negligence. Kentucky premises liability law requires you to provide evidence to prove:
The property owner owed you a certain duty to prevent injury.
It failed to uphold this duty.
This failure directly led to your injuries.
This type of accident and injury was predictable (or foreseeable).
You suffered actual physical, emotional, or financial damages due to your injury.
If you are a customer at a business, you are an invitee. If you are visiting your friend at her house, you are a licensee. In either case, the property owner owes you a duty of care to keep the premises safe and warn you of any dangers.
This is why you see so many signs saying, "watch your step" in public places. Without these warnings, the property owner could be responsible for any falls that occur when someone fails to see a step and trips. These signs do not absolve business owners of all liability in every fall, but they do drastically reduce the number of viable claims.
The duty of care the property owner owed you depends on your status. Property owners owe the highest duty of care to invitees. Property owners have a lesser duty of care to trespassers.
Do I Need a Lawyer to File a Louisville Premises Liability Claim?
While you can certainly file an injury claim alone, we cannot stress enough the importance of discussing your case with a qualified Louisville premises liability attorney before giving the insurance company a statement or signing anything.
Insurance companies have a number of tricks they use to reduce settlement amounts, and we can often uncover evidence to prove you deserve far more compensation than they are offering. It is not unusual to find that a property owner concealed his knowledge of a dangerous situation and then tried to blame your injuries on your own actions. We also often discover additional damages you failed to consider when calculating the value of your claim on your own.
Do not take the insurance company's word for it about how much compensation you can recover. We can help you hold the property owner liable for the full amount of your financial losses as well as pain and suffering.
Among our resources are highly skilled experts who investigate, reconstruct, and analyze premises liability cases. We can build a strong case for you, but you must act quickly. Under Kentucky law, you only have one year from the date of your injuries to file a claim for compensation.
Call our premises liability attorneys in Louisville for a free consultation today!
FAQ
Many people assume they must file a lawsuit and go to court to recover compensation after an injury. This is false; most premises liability cases never require legal action. Instead, we file an insurance claim against the property owner's insurance company to recover compensation.
After providing the homeowner's or business insurance provider with the evidence that proves negligence and liability in your case, we can typically negotiate a fair settlement with the insurer. In some cases, the insurer might deny your claim or refuse to offer you a just settlement. If this is the case, we can take it to court.
Essentially a premises liability case proceeds like this:
- You suffer an injury.
- You schedule a free consultation with our team.
- We help you determine any and all liable parties and file claims against their insurers.
- The liable party's insurer offers you a settlement. In many cases, this will be far too low of a settlement.
- We negotiate for a higher settlement. If the settlement is fair, you can accept. If not, we can take the at-fault party to court.
To recover compensation from an at-fault property owner through a personal injury claim, we need to prove negligence. Kentucky premises liability law requires you to provide evidence to prove:
- The property owner owed you a certain duty to prevent injury.
- It failed to uphold this duty.
- This failure directly led to your injuries.
- This type of accident and injury was predictable (or foreseeable).
- You suffered actual physical, emotional, or financial damages due to your injury.
This is why you see so many signs saying, "watch your step" in public places. Without these warnings, the property owner could be responsible for any falls that occur when someone fails to see a step and trips. These signs do not absolve business owners of all liability in every fall, but they do drastically reduce the number of viable claims.
The duty of care the property owner owed you depends on your status. Property owners owe the highest duty of care to invitees. Property owners have no duty of care to trespassers.
While you can certainly file an injury claim alone, we cannot stress enough the importance of discussing your case with a qualified Louisville premises liability attorney before giving the insurance company a statement or signing anything.
Insurance companies have a number of tricks they use to reduce settlement amounts, and we can often uncover evidence to prove you deserve far more compensation than they are offering. It is not unusual to find that a property owner concealed his knowledge of a dangerous situation and then tried to blame your injuries on your own actions. We also often discover additional damages you failed to consider when calculating the value of your claim on your own.
Do not take the insurance company's word for it about how much compensation you can recover. We can help you hold the property owner liable for the full amount of your financial losses as well as pain and suffering. Among our resources are highly skilled experts who investigate, reconstruct, and analyze premises liability cases. We can build a strong case for you, but you must act quickly. Under Kentucky law, you only have one year from the date of your injuries to file a claim for compensation.