When a person is injured at the property of another person or company, there is a possibility that it may be necessary to file a claim for the damages. Premises liability falls into the category of injury claims when the injury was the result of negligence on the part of a property owner. The property may have been the home of a friend, a supermarket, a hospital, a hotel, a gym, a shopping mall, or any other property where a visitor may sustain an injury because the property owner has failed to safeguard against hazards. As a result, the visitor suffers a painful injury. An experienced Louisville premises liability lawyer can offer victims and families of injury due to property negligence a chance at the justice and compensation they deserve. To discuss your claim and the first steps to take consult with an injury attorney today.
Kentucky Premises Liability
Premises liability in Kentucky is based on the principle that a property owner may be liable for injuries to visitors if they are found to be negligent. These laws operate under the concept that the property owner has a duty to keep visitors safe from harm, that an injury sustained by a visitor to the property marks a breach in that duty, and that the breach was the direct cause of the injury.
Often, the breach is a result of negligence or failure to foresee and safeguard against hazards like wet floors, a loose dog, exposed wires, or a badly kept walkway among others. Injuries sustained on a property can happen in many ways, but some of the most common scenarios that warrant contact with a premises liability attorney in Louisville include:
- Sidewalk cracks or uneven walkways
- Electrical shock or explosion
- Dog bites or attacks
- Construction site accidents
- Badly maintained stairwells
- Snow/ice on public walkways
- Nightclub or bar fights
- Sporting event arena injury
- Pool/park accidents
- Inadequate security personnel
Classification of the Visitor
In premises liability cases, an important factor in determining accountability is the classification of the visitor. There are three classifications of visitor as defined by the Kentucky Retail Compendium of Law:
- Invitee – a person who visits the property because he or she is connected in some capacity with the property owner.
- Licensee – a person who visits the property with the consent of the property owner.
- Trespasser – a person who visits the property with no legal right to be there.
For an invitee, a Kentucky property owner is bound by law to either fix or warn the visitor of any conditions or aspects of the property that may be hazardous and must keep the property in a reasonably safe condition, though they are not required to ensure the safety of invitees.
For a licensee, a Kentucky property owner is bound by law to avoid causing the visitor injury intentionally or as a result of negligence. The property owner must fix or warn visitors of any conditions or aspects of the property that may be hazardous and must keep the property in a reasonably safe condition. Additionally, the property owner must realize if there is a hazard, man-made or natural, that the visitor may not recognize it as hazardous and must warn or safeguard against the hazard.
For a trespasser, a Kentucky property owner is not bound by law to safeguard the property. A Louisville premises liability lawyer can assist in determining the correct classification of such visitor.
There are many ways a person can be injured as a result of property negligence and the many hazards that can present themselves. The most common premises liability injuries include:
- Fractured bones
- Spinal cord damage
- Traumatic head injury
These types of injuries can be extremely serious. Only an experienced attorney can aid in making sure an individual is represented strongly and appropriately in a court of law.
Benefits of a Louisville Attorney
The time following an injury can be trying for a victim and their family, as they must deal with the physical pain, possible wage loss if the injury is disabling, and resulting medical bills. The stress and confusion can be overwhelming because recovery from the injury is costly physically, emotionally, and financially. Those liable for the injury should be held accountable and those injured should be compensated. A premises liability lawyer in Louisville can help to ensure an individual is represented with their best interests in mind, and assist in minimizing any potential charges.