If you are injured on someone else’s property, you may be able to pursue compensation through a premises liability claim. However, there are certain conditions that must be met. In order to prove liability, you must show that the landowner owed you a duty of care, breached that duty of care, and directly caused your injuries.
The state of Kentucky categorizes 3 types of visitors on a property:
Invitees are those who do business with the property owner, such as a shopper in a grocery store. Licensees are those who visit the property with the implied or expressed consent of the owner, and trespassers are those who enter a property without any consent or legal right. Depending on what category you fall under, your ability to pursue compensation may be affected. In general, landowners are not responsible for injuries suffered by trespassers, unless the landowner intentionally inflicts harm on the trespasser.
However, landowners may be held liable for injuries suffered by licensees or invitees. By law, landowners must maintain a reasonably safe environment. This means they must take steps to discover any dangerous conditions that may exist, and fix them or warn invitees about them. Landowners also must take steps to eliminate reasonably dangerous conditions or warn licensees of the risk. If the landowner fails to take adequate safety precautions, or fails to warn you of the dangerous condition, you may file a lawsuit to seek a settlement. Dangerous conditions may involve slippery floors, cracked sidewalks, poorly lit structures, and other conditions that put guests at risk.
Filing a Premises Liability Claim
In Kentucky, the statute of limitations for personal injury claims is 1 year. This means you have 1 year from the date of your injury to file a premises liability lawsuit. Once you file the claim, you will need to use evidence to prove the defendant’s negligence. This can include pictures of the dangerous condition, witness statements, and other documentation.
Kentucky is a pure comparative fault state. Thus, you will only be able to receive compensation according to the percentage you are deemed to be at fault. For example, if the court decides you are 50% at fault for the incident, you will receive half of the final settlement award. Compensation for premises liability may cover medical bills, lost wages, pain and suffering, and other damages.
Call Our Louisville Premises Liability Attorney Today at (502) 242-8877
Brett H. Oppenheimer, PLLC represents clients who have been injured by someone else’s negligence or carelessness. If you have suffered broken bones, head trauma, lacerations, or other injuries from a condition on someone else’s property, we can guide you through the process of filing a claim. Our lawyer will conduct a thorough investigation to build your case, and will tenaciously represent you throughout the process.
Contact us today for a free consultation.