Premises liability is a part of the law of personal injury. It involves the cause of action of negligence, and it’s applied when an injury or death was caused by a dangerous condition on property that is owned or occupied by somebody else. The injured claimant is generally required to prove that the owner or occupier of the property that he or she was injured on failed to use reasonable care in maintaining the property. On top that, the injured claimant must show that the owner or occupier knew or should have known of the existence of the dangerous condition and failed to remedy it.
Over the years, this law firm has represented injured victims in a wide variety of premises liability cases against businesses and individuals. Aside from slip-and-falls and trip-and-falls, here are just a few conditions on property that can be classified as premises liability cases:Obstructions
An obstruction might be on a floor, hanging from a ceiling or be present elsewhere. If a person walks into an obstruction and is injured, liability issues could arise for the owner or occupier of a premises.
Falls from Heights
Many commercial buildings like restaurants, bars or clubs have more than one floor. Some even have platforms or decks at different levels. If there is instability, lack of handrails or guardrails, customers can suffer serious falls. Even simple staircases pose a danger if carpeting is loose, lighting is insufficient, debris is present or handrails are missing.
The U.S. Centers for Disease Control and Prevention reports that there are about 4.5 million victims of dog bites every year. So long as the person on the receiving end of the bite isn’t a trespasser, and the dog isn’t being teased or provoked, Kentucky’s strict liability dog bite law applies.
There are many times when a property owner or occupier fails to take measures to make sure that real estate is in a reasonably safe condition. If that owner or occupier knew or should have known of violent crime on or about the premises, safety measures must have been taken. Those might include adequate door and window locks, sufficient lighting, security cameras or even security personnel.
Children or even adults might become seriously injured as a result of the failure to properly supervise them. The classic example is a drowning at a swimming pool when a lifeguard was either not sufficiently trained or simply wasn’t paying attention. Other examples of negligent supervision cases might include, adult caregivers, nannies, daycare workers, camp counselors or even coaches.
Elevator and Escalator Accidents
People in malls, hotels, airports and condominium projects rely on elevators and escalators every day. Common elevator defects and malfunctions that kill or injure people include door malfunctions, misalignment of the carriage with floors and malfunctioning pulley systems. Common escalator defects and malfunctions can include sudden stops and starts and shoes or clothing getting caught in a moving part causing injuries.
If you were injured in an accident on property owned or occupied by somebody else, we can help you in determining whether you have a viable personal injury claim against an owner or occupier of land. Along with other evidence, we’ll want to examine documentation like the following:
- Any security camera footage involving the occurrence.
- Maintenance and repair records.
- Reports or statements involving the accident.
- Any contracts for maintenance or repairs of the system.
Report the Condition and Injury
It’s important for you to contact us right away after being injured in a premises liability accident before the owner or occupier of the premises undertakes repairs or changes the dangerously defective condition. Report the condition and your accident to the appropriate individual and seek medical attention. Aside from that report of injury, don’t give a statement to anybody else.
Lexington Kentucky Premises Liability Lawyer
Anything that you say to us is confidential. Contact a Kentucky premises liability lawyer at our Lexington offices as soon as possible to arrange for a free consultation and case evaluation. We’ll be pleased to carefully listen to you, answer your questions and advise you on your legal alternatives. If we’re retained to represent you, no legal fees are even due unless we obtain a settlement or verdict for you. Don’t hesitate to contact us after being injured on property owned or occupied by somebody else.