Louisville Premises Liability Lawyer

When discussing an injury that happened to you on someone else’s property with a landlord, property management, police, or a premises liability attorney in Louisville like ours, you will always be asked, “What happened?” and “Why were you there?” It should be easy to provide answers to both of those questions, but when it comes to the “why” issue, you need to establish your purpose as a visitor.

For example, when you go to a restaurant for dinner or a grocery store to shop, you are considered an invitee. In those examples, the invitation is implied when the store opens for business. The owner of the property owes the highest duty of care to repair any known hazards. The owner must also warn invitees of any known safety issues and be diligent in anticipating potential hazards.

As a licensee, you have permission to come onto a property for purposes that don’t have anything to do with a business transaction. These are typically guests to a home who might be visiting for a party. It would also apply to any independent workers such as plumbers, painters or electricians who come into a property to make repairs. In those cases, the property owner only has to take care of obvious hazards. They don’t need to anticipate potential problems.

Premises liability is the legal responsibility that property owners have for injuries that

happen on their properties due to unsafe conditions that they’ve allowed.

It covers a wide range of incidents, but the key factor in all premises liability cases is proving that the property owner was negligent in keeping their property safe, and it was that negligence that directly caused your injury.

Premises liability laws are rooted in the principle that property owners are responsible for taking steps to protect visitors from harm. Property owners aren’t automatically at fault for every injury that happens on their properties, but they are held responsible when they don’t address hazards in a reasonable amount of time that a reasonable owner would have otherwise identified and resolved.

Often, these injuries are the result of negligence or a failure to foresee and safeguard against hazards like wet and slippery floors, an unrestrained dog, exposed electrical wires, or broken, uneven walkways among others. Ask any Louisville premises liability lawyer like ours, and they’ll quickly tell you that injuries can happen on others’ properties in many ways.

For your premises liability case to be successful, you have to prove that the property owner was at fault.

Typically, this involves showing that the owner knew or should have known about the dangerous condition but failed to take reasonable steps to fix it or warn visitors to their property.

To do this, several key elements must be established:

• Duty of Care: The property owner had a legal duty of care to ensure that their property was safe for visitors. The level of duty can vary depending on the relationship between the property owner and the injured person. For example, owners of businesses owe a higher duty of care to customers than homeowners owe their guests.
• Breach of Duty: It must be proven that the property owner breached their duty of care because they failed to address a hazardous condition. This could involve failing to repair a broken staircase, not cleaning up a spill, or not supplying adequate security measures.
• Causation: The breach of duty directly caused your injury. It’s not enough to show that the property was unsafe; you have to prove that it was the unsafe condition that directly led to the accident and your resulting injuries.
• Damages: Finally, you’ll need to show that you suffered some type of loss or damage because of the accident. These damages often include medical bills, lost wages, pain and suffering, and other expenses related to your injury.

It can be extremely challenging to prove these elements, especially when you’re facing an uncooperative property owner or the manipulations common to insurance companies. An experienced Louisville premises liability attorney will know how to gather solid evidence, interview witnesses, and present a compelling case to prove negligence and liability.

In Louisville, premises liability cases are subject to Kentucky’s comparative negligence rule.

This means that if it’s decided that you were even partially responsible for the injuries in question, your compensation can be reduced equal to your percentage of fault. This is why a deep understanding of how our state’s comparative negligence works is so important when filing a premises liability claim. Insurance companies are famous for trying to shift blame onto the victim to reduce what they have to pay out.

A skilled premises liability lawyer in Louisville will fight to protect your rights and ensure that you’re fairly compensated, even if you share partial responsibility for your injury.

When you’re injured on someone else’s property, the damages can quickly add up. Along with support from a Louisville premises liability lawyer, you’ll be able to pursue compensation for:

Medical Expenses

Medical expenses are all of the out-of-pocket expenses that are related to medical treatment for your injuries. That includes costs for emergency care, tests, doctor follow-up, physical therapy, supplies, special transportation and prescription costs.

Lost Wages

If your injury keeps you from going to work while you recover, your lost wages should be included in your final damages number. There might also be an issue with having to switch jobs or not being able to work at all. Those should also be a consideration.

Pain and Suffering

Pain and suffering is a value assigned to your physical pain and discomfort. It also includes mental anguish and emotional distress. That includes loss of consortium.

Accidents on others’ premises may not just result in catastrophic injuries, but also fatalities. In those cases, surviving family members may be entitled to file a wrongful death lawsuit and recover additional compensation for funeral and burial costs.