Premises liability cases involve injuries received while on property – including business and residential property – due to the negligence of the property owner, renter, or other party responsible for the maintenance and upkeep of the property. The most common type of premises liability claims are due to slip and fall injuries — when a defective condition, foreign substance or object causes a person to fall. Other types of premises liability injury cases include:
Land owners/renters have the duty to maintain a safe property, and most premises liability injuries could be avoided if maintenance is performed properly. The property owner/renter has the responsibility to repair or remove any hazard that could cause injury to others. If the hazard cannot be repaired or removed, the owner/renter has the duty to adequately warn others of the hazard to prevent injury. Common causes of premises liability injuries include standing water or slippery floors, changes in flooring level or surface (such as changing from tile to carpet), uneven gravel or pavement, cracked or damaged sidewalks or walkways, broken or loose handrails, foreign objects in walkways, potholes or curbs, inadequate lighting, and faulty wiring.
The injuries sustained from slip and fall or premises liability accidents are usually minor and may include bruising, strains, sprains, or fractures. Sometimes severe injuries can result including multiple broken bones or catastrophic injuries such as permanent scarring or disfigurement, brain or spine injuries, or even death. The elderly are especially susceptible to fractures from falls, and children are frequent victims of fall-related deaths—although people of any age can be injured in premises liability accidents. In severe premises liability or slip and fall accidents, victims may need rehabilitation or ongoing medical treatment. A victim’s ability work could also be affected. An experienced premises liability or slip and fall accident attorney can evaluate your case and help you get the compensation you deserve.
If you have been injured due to a slip and fall or premises liability accident, get medical attention immediately. Take photos of the place where you fell/where you were injured as soon as possible as repairs can be made quickly and valuable evidence can be destroyed. Also get names and contact information of all witnesses and employees who saw your injury occur. Contact a slip and fall attorney immediately to help you preserve the evidence needed to win your case.
The statute of limitations restricts the time in which you can file suit in court for your slip and fall injury or premises liability accident claim. In Kentucky, you only have one year from the date you were injured to file suit in premises liability cases. Remember, time is of the essence! Property owners can make quick repairs or remove obstacles that caused your injury—eliminating the evidence of their negligence. You should contact a slip and fall injury attorney immediately to help preserve the evidence so you can win your case.
If you are injured because a property owner/renter or a business establishment fails to provide a safe environment, you have the right to bring a claim for your damages. An experienced premises liability injury attorney can help you seek full compensation for your injuries. In any slip and fall or premises injury case, your recovery should take into account the immediate needs of you and your family as well as all future expenses including medical bills, rehabilitation or therapy, lost earning capacity, and long-term care, if needed. You may also be entitled to seek punitive damages (in cases that involve gross negligence or violations of the law), pain and suffering, and other compensation against the at-fault party. In some cases, the victim’s family can seek restitution for loss of consortium (companionship) or a wrongful death claim if the injuries lead to the passing of their loved one. Contact our premises liability and slip and fall injury attorneys for a free case evaluation.
If you are injured in a business establishment or on other property, you may be able to recover damages from the property owner, renter, landlord, or possibly some other party. The key is determining who is responsible for the maintenance and upkeep of the property and proving that person/business acted negligently. If the negligence of the property owner, renter, etc. has led to your injury, you are entitled to seek compensation for your premises liability or slip and fall injury claim.
Just because you were injured while on someone’s property does not mean that the property owner/renter was at fault. The party responsible for maintenance and upkeep of the property must be proven negligent (has done something careless, wrong, or unsafe) in order for you to recover damages in a premises liability or slip and fall claim. If the property owner is found negligent, they must pay for losses caused by the dangerous condition of their property. Proving negligence is key, but it can be difficult. An experienced slip and fall injury and premises liability lawyer will help you secure the evidence you need prove:
Never accept any payment from the insurance company before consulting with an attorney – especially if you or your loved one has suffered a catastrophic injury due to the negligent act of a property owner/renter. If you accept compensation now, you may be giving up your right to file additional claims in the future. Only an experienced premises liability lawyer can help you determine the full value of your case in terms of past, present, and future medical bills, past and future lost income, and additional losses for you and your family. Call Warren and Barren County, Kentucky personal injury attorney Flora Templeton Stuart immediately at (888) 782-9090 to investigate your premises liability injury claim to ensure you get all the compensation you are entitled to.
The Law Firm of Flora Templeton Stuart works on a contingency fee basis. That means we only get paid if you get paid in your slip and fall accident or premises liability injury case. Call Warren and Barren County, Kentucky personal injury attorney Flora Templeton Stuart at (888) 782-9090 for a free initial consultation twenty-four hours a day/seven days a week.