Lexington, KY Premises Liability Lawyer
When we go to someone else’s property, we expect it to be well-maintained and safe. Whether it’s a store, hotel, or hospital, we shouldn’t be in danger because the property isn’t being updated.
Unfortunately, this isn’t always the case. Sometimes property owners don’t take the best care of their building or land, and people can get hurt.
When this happens, it’s important to know that you’re not alone in this situation. Our Lexington, KY premises liability lawyers might be able to help you get compensation for your injuries. We believe in helping people stand up for their rights.
What Is Premises Liability?
Property owners are responsible for maintaining a safe environment. They need to make sure walkways are clear, hand railings are sturdy, and there’s lighting for you to see where you’re walking.
When they don’t maintain their property and someone gets hurt, the property owner is probably the one at fault. But this only goes if that person was allowed to be on the property. Trespassers usually don’t have the same claim because they weren’t supposed to be on the property at all.
Some common premises liability cases include:
- Slip and Fall Accidents.
- Poor Maintenance.
- Swimming Pool Accidents.
- Dog Bites.
These kinds of accidents can happen suddenly and can be shocking and traumatic. But you can take measures to get justice. Before filing your claim, you may want to know more about how Kentucky premises liability law works.
Kentucky’s Comparative Fault Laws
If you weren’t at fault for your injuries, you may find that after you file your claim the other party may insist that you were partially at fault for the accident. Kentucky has comparative fault laws, which means that the injured party can be held partially liable for the incident if they acted negligently.
Fault is assigned through percentages. For example, let’s say you had a slip and fall accident and you were 20 percent at fault and the other party was 80 percent at fault. If your damages cost $20,000, then you would be awarded $16,000.
Your lawyers will go over your case and help show that you weren’t at fault for your injuries. You deserve to have full compensation when you didn’t do anything wrong.
What Causes Slip and Fall Accidents?
Slip and fall accidents are typical causes of injury in premises liability cases because many factors contribute to these accidents. The CDC and National Institute for Occupational Safety and Health released some of the causes for slip and fall accidents:
- Floor Contaminants. Water, grease, and fluid substances left on the floor can easily cause someone to slip.
- Pipe and Drain Issues. When pipes aren’t in alignment or the drains are clogged, they can’t move water efficiently. Water can pool into a puddle and pose a slip and fall hazard.
- Uneven Flooring. Flooring that’s warped or damaged in any way can make people trip. This also goes for torn carpeting. Property owners need to keep their floors even and fix any ripped carpeting.
- Uneven Ground. Poorly maintained ground is full of holes, rocks, or debris that can make people slip and fall. Parking lots could also have issues with potholes that cause people to trip or damage motor vehicles.
- Inclement Weather. Snow and ice can make stairs and walkways slippery if they’re not properly salted and shoveled. Also, people will track in snow when they walk into the building. When it melts, it can pool and make the entrance a slip and fall hazard.
- Poor Lighting. When an area doesn’t have adequate lighting, people can’t see potential hazards around them. This goes for indoor and out. Places that should have plenty of bright lights include hallways, stairwells, walkways, and storage rooms.
- Structural Issues. Anything that is structurally unsound like staircases or railings need to be fixed so it’s safe for people to walk.
- Not Using Protective Devices to Prevent Slips. Buildings should have gutters and drainage systems to help make the property less hazardous when it rains. Not having these in place could cause flooding or make the walkways slick.
- Not Warning People of Potential Hazards. When a problem does arise, it’s important to fix it as soon as possible. But when the people in charge are made aware of a problem, they also need to inform other people on their property so no injuries will occur before it’s fixed. This could be by putting up a sign telling people that the floor is slippery or the elevator is out of service.
There are many ways that people can get injured because of a property owner’s negligence. No matter what caused your injury, we will look into your case and find out what happened and how you were hurt.
What Injuries Can Occur?
Slip and fall accidents can lead to serious injuries that could affect you for the rest of your life. Sometimes, the injuries can worsen over time if you don’t get medical treatment as soon as possible. If you’ve experienced a fall, you need to see a medical professional. They’ll give you an assessment and ways to treat the injuries. Also, if you don’t go to a doctor or don’t follow through with their treatment plan and your symptoms worsen, you might not get full compensation for your injuries.
- Traumatic Brain Injuries.
- Bone Fractures.
- Back Injuries.
These kinds of injuries can be severe. You might need to go to the hospital or doctor a few times for your recovery, and your injuries could make you miss work. When you have medical bills piling up, you can’t focus on your recovery because you’re worried about paying them.
How Will Your Lawyer Prove Your Claim?
There are a few points that your lawyer will prove to show that you weren’t at fault and your injuries were caused by someone else. When building your case, we will prove the following:
- Duty of Care. The property owner owed you a duty of care, meaning you shouldn’t have suffered an injury while on the premises. You were allowed to be on the property and weren’t acting negligently.
- Negligence. The property owner breached their duty of care because they acted in a negligent way that put others on the property in danger.
- Injuries. Your accident on the property caused your injuries. You can use physical evidence like medical records, which will include information about the severity of your injuries, what your treatment required, and what you will need to do in the future to recover.
- Losses. Because of your injuries, you will have financial losses from medical expenses, missing work, and more. We’ll prove that these happened because of the owner’s negligence.
These cases can take time and it’s important for you to start seeking legal options quickly after your accident. It could be vital for your claim’s validity and your chance to get the compensation you need.
Kentucky Statute of Limitations
While dealing with a claim may be the last thing on your mind after you’ve suffered an injury, there are a few reasons why you would want to get in touch with your lawyer as soon as possible.
There is a time limit in which you can bring personal injury cases forward. In Kentucky, you have one year after the incident happened. Failing to come forward within that time frame may risk having your case thrown out.
Waiting could also put you in a tricky financial situation. If the accident has cost you damages, then you’re probably wondering how you’re going to pay back those losses. They can be expensive and it’s not fair for the money to come out of your own pocket because you weren’t at fault. However, those bills will still be due. You may depend on the compensation from your settlement to make those payments.
Not getting in touch with a lawyer in a timely manner could either mean you’ve missed your opportunity to get compensation and you won’t get any help at all or you waited long enough for the process to be underway, but you have those expenses due now.
When it comes to getting full and fair compensation, the details of your incident could be critical. Starting on your case as early as possible will mean the details will still be fresh in your mind. Waiting nearly eight months after the fact could mean your account of the incident has gaps or blanks that you can’t fill.
It’s also a good idea to keep a record of the incident and how you’re feeling. You could write these down in a journal so no detail is lost. But it’s better for you to start as soon as possible so you can tell your lawyer what happened, and they can investigate the scene of the accident and possibly find evidence that supports your account of the incident.
How Can the Law Office of Todd W. Burris Help You?
If you or a loved one has been hurt on someone else’s property in Kentucky, you can take legal action. When you hire a Lexington lawyer, they can help you file your claim and act as your representative between the insurance company and you. A skilled lawyer will do all they can to get you compensation for the incident.
When you hold the property owner accountable for their actions, you could make them think twice about neglecting their property again. Your claim now might stop another person from getting hurt in the future.
Don’t wait. Contact the Law Office of Todd W. Burris today for a free consultation.