There are many ways a person can be injured in an accident, but slip and fall incidents are among the most common. According to the National Floor Safety Institute, slip and falls result in roughly 1 million hospital emergency department visits each year in the United States, with many involving head trauma, broken bones, and other serious or disabling injuries. In severe cases, falls can even result in the wrongful death of an innocent person. They are considered the second leading cause of accidental deaths worldwide by the World Health Organization.
Fall victims can suffer significant pain, lost wages, and high medical bills. If you’ve been injured in a slip and fall accident, or any other type of premises liability accident in Kentucky, the best way to recover compensation for these damages is through the help of a premises liability lawyer. If you’re looking for experience, skill, and proven success in this field, look no further than Louisville Injury Firm.
Premises Liability Lawyer Near Me
Our premises liability lawyer in Louisville has a proven track record of success, representing victims and their families against some of the leading defense law firms and insurance carriers in the region. To learn more about how the Louisville Injury Firm can help you, stop by our office at 717 Executive Park, Louisville, KY, 40207, or contact us by phone at (502) 242-9000 for a free consultation. You can also reach us via email at contact@louisvilleinjuryfirm.com.
What is Premises Liability?
Premises liability cases are a type of personal injury case where a person is injured on a property that is not their own. This means that these cases involve injuries occurring on the land or property of another person, business, or government entity. Examples include a person shopping in a grocery store who slips on an unmarked wet floor or who slips on an icy walkway leading up to a neighbor’s house. Regardless of the situation, property owners have a responsibility to maintain safe premises. When they fail to do so it can lead to a premises liability claim.
Premises Liability Case Examples
While slip and falls are among the most common incidents that lead to a premises liability case, cases can come up in a variety of unique scenarios. Here is a list of the most common types of premises liability cases our firm takes on and some examples of how they might happen in real life:
- Slip and falls: A customer in a grocery store slips on a spilled liquid in an aisle that employees neglected to clean up, resulting in a back injury. The store can be liable if it failed to properly warn customers or address the hazard in a timely manner.
- Trip and falls: A visitor trips on uneven pavement outside a restaurant where the owner failed to repair or mark the hazard. The person sustains a broken wrist, and the property owner may be held liable for failing to ensure safe walkways.
- Structural collapses: During an event at a local convention center, part of a ceiling structure collapses, injuring several attendees. Investigations reveal that the property owner overlooked necessary repairs and failed to comply with safety codes, which could result in a premises liability claim.
- Negligent security: A college student is attacked in the parking lot of their apartment complex, where lights were broken and security was minimal despite previous reports of criminal activity. The complex owner could be held liable for not providing adequate security measures.
- Animal attacks: A couple is hiking on a local trail when a dog attacks them. The dog was off leash and the owner failed to restrain it, leading the injured couple to sue the dog’s owner for medical expenses and emotional trauma.
- Falling objects: At a home improvement store, a customer is injured by a heavy object that falls from a high shelf due to improper stacking by employees. If the store failed to follow safety protocols for stacking items, they could be held liable.
Common Premises Liability Injuries in Louisville
Premises liability cases can arise from virtually any scenario in which a person visits another person’s or business’s property, which means they can result in a wide range of injuries. Most premises liability accidents involve falls, but others may involve dog bites, physical attacks from strangers, and many other forms of harm. The Louisville Injury Firm has handled many different types of serious or catastrophic injury cases, including the following:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Paralysis
- Shoulder injuries
- Knee injuries
- Neck injuries
- Back injuries
- Significant scarring or disfigurement
- Dislocations or separations
- Torn muscles or ligaments, especially in the shoulder or knee
- Hip injuries
- Lower leg and ankle injuries, including bi- and tri-malleolar fractures
- Nerve injuries
- Organ injuries
- Wrongful death
Who Can File a Premises Liability Lawsuit in Louisville?
While premises liability can differ vastly from state to state, in Kentucky, premises liability lawsuits can typically be filed by anyone legally present on the property who sustains injuries due to hazardous conditions. Victims of premises liability cases generally belong to one of two categories:
- Invitees: These are customers or clients of a business who have explicit permission to be on the property. They are owed the highest duty of care by property owners, who must actively inspect and address potential dangers.
- Licensees: These are typically social guests who have implied permission to be on the property. They are also owed a duty of care, though less than invitees; owners must only warn them of known dangers.
Trespassers are generally not entitled to file a premises liability lawsuit if they are harmed on another person’s property, however, it’s important to distinguish who is considered a “trespasser” in Kentucky. On residential property, a person is not considered trespassing if they enter the property to knock on the homeowner’s door. They may be considered trespassing if they cross a fence or if they loiter on the property after not receiving an answer at the door. However, even if a person is considered a trespasser, Kentucky premises liability law still protects them from intentional harm by the owner or property manager. It also protects children who are trespassing from all harm while on the property, whether intentional or negligent.
Kentucky follows a comparative negligence standard, meaning that if an injured party shares some responsibility for the incident, they can still recover compensation. For example, if a visitor failed to pay attention to warning signs but the property owner neglected to address an obvious hazard, the visitor might be deemed partially at fault. In such cases, their compensation may be reduced by their percentage of fault but not eliminated entirely. This comparative negligence approach ensures that injured individuals may still receive damages proportional to the property owner’s level of responsibility.
How Can I Prove Negligence in a Premises Liability Case?
The difference between a successful premises liability case and an unsuccessful one comes down to proving negligence. A property owner is responsible for taking reasonable steps to ensure their premises are safe and free from potential hazards that could foreseeably harm lawful visitors. Property owners may meet this duty by maintaining a hazard-free environment and, in some cases, by providing clear warnings about temporary dangers they cannot immediately resolve—such as displaying a “wet floor” sign after mopping.
In order to reach the best possible outcome in your case, it’s essential to establish “notice,” meaning that the property owner knew or should have known about the dangerous condition that caused the injury. Kentucky law recognizes several types of notice, each with specific criteria that strengthen a claim if proven:
- Created the Defect – a defendant who creates a defect is deemed to automatically have notice. This includes not just improper construction, such as improperly built steps or unevenly installed flooring, but also where a defendant spills, drops debris, stacks pallets, or otherwise creates a hazard that didn’t exist.
- Actual Notice – when a defendant has either seen a defect or has been told about a defect (such as a shopper reporting a spill on the grocery store floor), a defendant will be deemed to have actual notice. This is a strong type of notice because it demonstrates that a defendant knew about a hazard and failed to timely act.
- Constructive Notice – most premises liability cases involve constructive notice, which occurs when a defendant knew or should have known about a defect or a hazard that has existed on the property for a sufficient period of time for a reasonable inspection to have discovered its presence. Said differently, constructive notice is when a defect or hazard has existed for a period that was long enough for a defendant to have noticed it, but they did not.
- Recurring Conditions – when a dangerous or hazardous condition occurs during a certain condition, a defendant who knows of this will be considered to have notice. An example of this is when the roof leaks on the floor every time it rains, or when an AC unit continues to leak but the defendant will not get it fixed and uses tape instead which keeps failing.
In addition to proving one of these forms of notice, injured parties in premises liability cases should gather compelling evidence to support their claim. This may include photographs or videos of the hazard, witness statements from others who saw the dangerous condition or similar incidents, security camera footage, and any maintenance records showing a lack of property upkeep. Testimonies from employees, other visitors, or prior complaints about the same hazard can also strengthen the case.
How Can a Lawyer Help Me With My Premises Liability Case?
A lawyer can provide invaluable assistance with a premises liability case by guiding you through the complex legal process and advocating for your rights at each stage. In the early stages, a premises liability lawyer starts by closely evaluating your case and determining whether the property owner or manager can be held liable under Kentucky law. This involves examining the circumstances of your injury, identifying any hazardous conditions on the property, and assessing whether the owner had knowledge of these conditions or should have known about them. A lawyer will also gather critical evidence, such as maintenance records, security footage, witness statements, and any previous complaints or violations related to the property, to establish liability and strengthen your claim.
Another crucial element your lawyer will handle is negotiations with the property owner’s insurance company. Insurance adjusters often attempt to minimize payouts, sometimes arguing that the injured person was responsible for the accident. A skilled attorney can counter these tactics by presenting evidence of the owner’s negligence and, if necessary, proving that the property owner had notice of the hazard. Remember that even if a person is partially responsible for their own injuries in a premises liability case, they may still be able to receive a settlement. If a fair settlement cannot be reached, a lawyer can also represent you in court, presenting your case to a judge or jury to pursue the best possible outcome.
Have You Been Injured on Someone’s Property in Louisville? Talk to Our Premises Liability Lawyer
Victims who are seriously injured in a premises liability accident in Kentucky may be entitled to compensation for their pain and suffering, medical bills, lost wages, and other damages associated with their accident. While some insurance carriers and defendants will accept their obligations under the law to compensate victims, others may try to undermine or mitigate your damages or even deny your claim.
Don’t let that happen to you. Contact the Louisville Injury Law Firm to fight back to protect your rights to compensation under Kentucky law. Our experienced premises liability lawyer offers free consultations and case evaluations for victims and their families to learn about what they can do when an insurance adjuster, defense lawyer, or defendant refuses to fairly compensate them.