Louisville Premises Liability Attorney
If you or someone you care about has been injured due to the negligent or careless actions of a property owner, you may be entitled to compensation. At Hendy | Johnson | Vaughn | Emery, our Louisville premises liability attorneys can help. Our goal is to seek justice for you and secure full compensation for your injuries.
Why choose the Law Offices of Hendy | Johnson | Vaughn | Emery?
After sustaining an injury on another person’s property, you need an attorney with extensive experience handling premises liability cases by your side. At Hendy | Johnson | Vaughn | Emery, our Louisville personal injury lawyers are ready to help you today.
- We focus on personal injury law and only personal injury law. We are recognized as authorities in this field and are well-equipped to handle your premises liability claim.
- We make sure that every client receives personalized attention for their case. You will never be handed off to a paralegal or junior associate; our attorneys are directly, personally involved with your case.
- We represent clients on a contingency fee basis — there are no upfront costs, our clients pay no legal fees unless we win their case.
Why do you need an attorney for your case?
Insurance companies often try to take advantage of clients during the claims process, such as by offering less than the client deserves or wrongfully denying a claim without reason. This includes homeowners and business property insurance companies during premises liability claims. Unfortunately, most victims of premises liability incidents do not have the resources to obtain maximum compensation for their claims. However, a Louisville premises liability lawyer will have the ability to handle every aspect of these cases. Your attorney will:
- Conduct a full investigation into the incident and obtain all evidence needed to prove liability (photos or video of the incident, statements from eyewitnesses, accident reports, etc.).
- Work with a trusted healthcare professional to ensure their client is properly cared for and to help calculate their total losses.
- Handle all negotiations with insurance carriers and property owners to obtain maximum compensation for their clients.
From start to finish, your lawyer will take care of the steps that are necessary for you to file a claim. You can rest, relax and focus on healing from your injuries while your premises liability attorney does the rest. Most importantly, you will have a trusted advocate to speak on your behalf, protect your best interests and answer your questions during this difficult time. You don’t have to handle this type of case alone.
How do premises liability cases arise?
Property owners and the people who work for them have a duty to keep others on their property safe. This “duty of care” extends to various circumstances, but the reality is that people are regularly injured due to the negligence or failure to act of property owners.
Negligence is the failure to exercise reasonable care, causing harm to others. If a property owner is negligent in the maintenance or control of the premises, it can contain hazards and defects.
Our Louisville premises liability attorneys regularly help clients who have been injured in the following ways while on other people’s property:
- Slip and fall incidents
- Trip and fall incidents
- Improper chemical usage on the premises
- Pool or hot tub accidents
- Injuries due to poor maintenance
- Dog bites or attacks
- Elevator or escalator accidents
- Playground accidents
- Negligent security (assaults)
- Fires, explosions and burn injuries
- Structural collapses
- Falling objects or merchandise
- Parking lot accidents
It is the responsibility of property owners and their agents to conduct regular inspections of their premises and properly maintain all areas where patrons have access to. All known hazards must be remedied as quickly as possible. Property owners should warn guests of any potential hazards that they cannot fix quickly.
Most Common Premises Liability Accidents
At Hendy | Johnson | Vaughn | Emery, we personalize our legal strategies for each unique case. We start by investigating what happened, including returning to the scene of the accident. We will interview eyewitnesses, analyze photos and video footage, look through the victim’s medical records, and recreate the accident to determine what happened.
We have years of experience handling all the most common types of premises liability accidents, including:
- Slip or trip and fall: falls can occur due to wet or slippery floors, cluttered aisles, poor lighting, or a lack of warning signs. If you slip and fall in a store, the business may be responsible for your damages. If you fall on a public sidewalk, you may be able to sue the government.
- Dog bite injury: in Kentucky, the owner of a dog that bites someone is strictly liable for all damage done to the victim, regardless of negligence. This means the victim does not have to prove that the dog owner did something wrong, such as allowing a dog to run at large, to qualify for compensation.
- Swimming pool accident: improper swimming pool barriers, fencing or covers to keep children out of the pool could lead to a drowning incident and owner liability. Failing to post warning signs against diving in shallow water could also lead to liability for related incidents, such as a diver suffering a spinal cord injury.
- Attractive nuisance accident: injuries suffered by children as a result of potentially dangerous property elements that are attractive to children, such as a trampoline, swimming pool or treehouse, are the owner’s liability. It is a property owner’s responsibility to keep children safe from these hazards.
- Assaults due to negligent security: if someone is attacked on another person’s property, the landowner may be liable for failing to provide adequate security. What is adequate depends on the property’s history of criminal activity and the circumstances. Adequate security may mean security cameras, guards, fences and other measures.
No matter what type of accident led to your injuries or the tragic death of a loved one on someone else’s property in Louisville, we can help. Our premises liability attorneys can take on even the most challenging and complex claims. We can go up against any defendant, big or small, and aren’t afraid of taking cases to trial when necessary.
Premises Liability Laws in Kentucky
A premises liability claim is a civil suit brought by an accident victim that claims the owner or controller of a property was negligent and that this caused the victim’s injury. Under the rules of premises liability, the owner of a building or property has a legal obligation to ensure the reasonable safety of that property. The actions that this entails depend on the circumstances, including the status of the visitor:
- Invitee: an invitee enters a property with permission and for the owner’s benefit. An example is a customer at a business. The highest standard of care is owed to an invitee; a property owner must search the premises for unknown hazards, repair any known defects and post warning signs of potential injury risks.
- Licensee: a licensee also has an owner’s permission to enter the property but does so for his or her own purposes. Examples are social guests or salespeople. A lesser standard of care is owed to a licensee; a property owner does not have to search the premises for unknown hazards prior to a licensee’s visit.
- Trespasser: a trespasser does not have the owner’s permission to enter or be on a property and is breaking the law by doing so. A property owner does not owe any duties of care to a trespasser unless the trespasser is under the age of 18. However, the owner cannot intentionally injure a trespasser.
If a property or business owner falls short of the required standard of care in terms of property maintenance or control, the victim will be entitled to be compensated for injuries caused by a dangerous condition or hazard. The property owner will be held liable for negligently failing to keep his or her premises reasonably free of injury risks if a prudent owner would have done more to prevent the incident.
Accidents on a Rental Property
If you get injured on a rental property, such as an apartment or Airbnb, your legal rights may change. Tenants are responsible for certain aspects of a rental property, such as the interior of an apartment. However, the property owner or landlord is responsible for the structure of the building and common areas. Your right to file a claim against the owner of the premises will depend on where your accident took place and why. An attorney can analyze your accident to advise you as to whether your case has merit or not.
How to Prove a Premises Liability Claim
Proving a premises liability claim in Kentucky requires clear and convincing evidence that the property owner was negligent or fell short of the duty of care. The burden of proof in a civil claim is a “preponderance of the evidence,” also known as the “more likely than not” standard. This rule states that if a defendant is more likely to be responsible for a victim’s injury than not, he or she will be held liable. Meeting this burden of proof often requires evidence such as:
- An accident report
- Photographs and video footage of the accident
- Signed eyewitness statements
- The clothes or shoes the victim was wearing
- Property maintenance logs
- Medical records and documents
- Testimony from a subject-matter expert
Proving a premises liability case requires evidence that the property owner owed the victim a duty of care, breached or violated this duty, and caused the victim’s injury. A premises liability attorney can help a victim preserve, collect and present evidence to show that the defendant is responsible for the accident with at least a 51 percent certainty. Our attorneys have the tools and resources to build a strong claim against a defendant, including connections to qualified experts.
What kind of compensation is available?
There are various types of compensation available for victims who sustain personal injuries in Louisville. At the Law Offices of Hendy | Johnson | Vaughn | Emery, we regularly help clients recover the following if they have been injured due to the actions of a property owner:
- Coverage of their medical bills related to the incident
- Any lost income or benefits if you cannot work
- All out-of-pocket expenses you incur due to your injuries
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against a grossly negligent party
Our attorneys will help you understand the value of your case. Then, we will go up against a defendant’s insurance company to negotiate for maximum financial compensation on your behalf. Do not accept a fast insurance settlement before consulting with one of our attorneys.
What Is the Statute of Limitations on a Premises Liability Claim?
It is critical to take prompt action if you believe you have grounds to file a premises liability claim. Like all states, Kentucky has a statute of limitations, or a law that limits the amount of time a victim has to pursue a personal injury claim. If you wait too long and file after your statute of limitations has passed, the defendant will use the expiration of your time limit as a reason to file for case dismissal.
In Kentucky, the statute of limitations on a premises liability claim is one year from the date of the accident, in most cases. This is one of the shortest statutes of limitations in the country. It applies to most claims filed for personal injuries. If you did not discover your injury right away, such as an injury with delayed or hidden symptoms, you will have one year from the date of reasonable discovery to file a claim. Act quickly to avoid missing your deadline.
Contact a Kentucky Premises Liability Lawyer Today | Free Consultations
You have rights as someone injured due to a defect on another person’s property. Whether you were hurt at a restaurant, bank, church, private residence, business, mall or a friend’s house, you may be eligible for financial compensation from the property owner. Get help with the legal process at no cost upfront from Hendy | Johnson | Vaughn | Emery.
When you need a Louisville premises liability attorney, you can contact us for a free consultation by clicking here or by calling toll free at (859) 578-4444.