Why You Need A Premises Liability Lawyer

A premises liability lawyer is a crucial ally when you’ve been harmed on someone else’s property. These legal experts gather evidence, negotiate with the premises owner and/or their  insurance company on your behalf, and explore every legal option to secure fair compensation for your damages, including your pain and suffering.

The injured party can file for compensation if the property owner, manager, or another responsible party was negligent and failed to prevent or correct a danger that exists on their premises. 

Property owners and their insurance companies are notoriously resistant to acknowledging legal responsibility for your injuries or paying the compensation you deserve. They also can drag out the legal proceedings to pressure you to settle for less than the value of your case.

Without the support of an experienced premises liability lawyer, you’re likely to end up with a fraction of the compensation you deserve.

If you or a loved one has been injured on someone’s property, our experienced attorneys will stand up to the insurance company and help you recover the compensation you are due.

Call Rhoads & Rhoads today at 888-709-9329 for a free consultation with our attorneys, or contact us by email.

What Is a Premises Liability Lawsuit?

Have you ever tripped over broken sidewalks, slipped on a slippery floor in a store, slipped in an icy parking lot, or been injured by fallen merchandise or faulty equipment on someone else’s property? If so, you may have grounds for a lawsuit.

Liability laws require property owners and managers of public and private property to maintain a safe environment and proactively identify and remove potential hazards. 

A property owner’s liability is defined by Kentucky’s premises liability law. The law describes the property owner’s duty of care to protect people on their property.

When a homeowner, government, community organization, or business owner doesn’t maintain safe premises, they can be forced to compensate accident victims for injuries sustained on their property.

Common Types of Premises Liability Claims Against a Property Owner

Each property owner is legally responsible for keeping most premises safe. When they fail to do so, customers, employees, and visitors can suffer severe and even fatal injuries. 

Some of the most common types of premises liability claims our premises liability lawyers handle include:

Slip-and-fall accidents

Whether at the store or visiting a friend, slip-and-fall injuries can happen when owners fail to maintain their walkways, sidewalks, and stairwells.

Premises liability cases involving slip-and-falls are commonly caused by negligence or even gross negligence.

Conditions causing slip-and-fall accidents include:

• Foreign substances that make floors wet and slippery
• Debris or obstacles in a path that cause someone to trip
• Uneven or damaged stairs that cause people to fall
• Poor lighting that prevents people from seeing dangerous circumstances

Elevator and escalator accidents

Elevators cause severe injuries when doors malfunction and close on people, the car drops suddenly or out of control due to defective parts or wiring, or the car stops between floors, and people must climb out. 

Accidents where snow or ice is a substantial factor

People can easily slip and suffer severe injuries, such as brain damage, if snow and ice aren’t promptly removed or treated with dissolving agents such as salt.

Dog bite injury liability claims

Owners have a legal duty to restrain their dogs. When they don’t, it can lead to attacks and injury victims being seriously injured.

The owner can even be held liable if the dog bite occurred on their property. The case may also include accidents when the dog ran free in public areas or on someone else’s property. 

A dog bite premises liability case includes if they didn’t put the dog in a fenced area to protect children who might be attracted to the dangerous animal, or if the dog bites someone even at it’s home. 

Swimming pool accidents

Pools present life-threatening risks if they aren’t properly maintained or monitored. For example, diving in unmarked shallow water or landing incorrectly on a diving board can cause traumatic brain injuries and even death. 

Another way to neglect the duty of care is leaving a pool uncovered or unfenced. Pool-related premises liability cases create a significant hazard for children, who could easily fall into the pool and drown within minutes.

Injuries due to negligent security

Hotel and some other retail establishments and/or owners must ensure their visitors are safe. The property owners owe a duty of care related to security, including doing all they can to protect customers from burglaries, assaults, and other violent acts. 

If injured on another person’s property, call today to speak with a premises liability law expert about your case. We don’t charge any legal fees unless we win your case. 

Don’t rely on the insurance adjuster to give you the compensation you deserve. Call us at 888-709-9329 or contact us by email so we can fight for your rights.

Can I Hold Property Owners Responsible For Injuries in an Apartment or Rented Space?

In cases where an injury occurs within a rented space, such as an apartment, the property owner typically is not liable if the incident was confined to the area leased by the tenant. However, the management or owner retains responsibility for communal areas.

Premises liability cases typically happen in one of two ways: 

• The property owner fails to disclose hidden dangers 
• The hazardous condition was present before the tenant moved in 

Such hazards include exposure to toxic substances like mold, lead paint, or mercury, which can lead to serious health issues.

For over five decades, Rhoads & Rhoads has championed the rights of those injured in Western Kentucky due to negligence by property owners. 

Rhoads & Rhoads law firm works hard to secure the maximum compensation for accident victims like you. 

We provide free case evaluations for liability accidents. Call today to get started at 888-709-9329 or contact us by e-mail.

Evidence Needed To Prove a Premises Liability Claim 

Our team is dedicated to thoroughly investigating the incident, reviewing the premises liability accident report, and collecting evidence to support your case.

 Types of evidence that can prove the property owner is liable for non-economic and economic damages might include:

• Pictures of where the accident occurred show dangers like crooked stairs, spill on a floor, built-up ice, snow, poor lighting, an unfenced yard around a pool, or a lack of warning signage near an unexpected drop.
• Expert evaluations of the area can also be substantial evidence if it wasn’t up to the building code and a design issue caused your injury.
• Similarly, maintenance records can be used to show the liable party missed an inspection or was warned about an issue and failed to fix it. (Poor maintenance creates a significant personal injury risk).
• Witness statements can also be helpful if people were around to see your accident and the danger that caused it.
• Medical records are needed to prove injuries to the insurance company. They also support your claim of pain and suffering related to a premises accident.
• Medical bills will help justify compensation for expenses for which you don’t likely have insurance coverage.

If you have anything you believe could be used as evidence in your claim, such as photos from the scene, we ask that you bring that to your free consultation with a premises liability lawyer.

Schedule your free consultation with Rhoads & Rhoads premises liability attorneys today or call 888-709-9329 so we can discuss how best to protect your legal rights!

Damages You Can Recover from a Premises Liability Case

In a premises liability claim, the victim may be able to recover damages, including:

• Medical expenses and future medical expenses: Expenses, including out-of-pocket costs, related to medical treatment for your injuries. Expenses include rehab, emergency care, doctor visits, surgeries, and prescription costs.
• Lost wages and impairment to cover in the future: Income lost from time off work or how long the plaintiff will be absent.
• Pain and suffering: Compensation for pain and suffering can include damages for physical pain and discomfort, mental anguish, and emotional distress caused by serious injuries.
• Loss of consortium: These are damages to recover compensation for loss of companionship. They might also include compensation for support provided by the plaintiff’s relatives.
• Punitive damages: In some cases, the person who has suffered injuries may also be able to recover punitive Punitive damages, which are intended to punish the defendant for deplorable, egregious conduct and deter similar conduct in the future.
• Other expenses: Plaintiff can also recover for other costs such as travel, accommodation, medical bills, etc.

What you can claim depends on the property owner’s insurance company, where your accident happened, the evidence collected, and how well your premises liability attorney presents your case.

Speak with a Rhoads & Rhoads premises liability lawyer to discuss your claim today at 888-709-9329. We will assess your premises liability case and determine what negligent acts occurred. 

What Is Kentucky’s Premises Liability Lawsuit Statute of Limitations?

Kentucky premises liability lawsuits are subject to statutes of limitations, which set time frames for initiating legal claims against individuals or businesses.

You can only file a premises liability case and seek compensation within that time frame.

Check with an experienced premises liability attorney to determine if you still have time to file a lawsuit. 

In Kentucky, individuals have one year from the accident date to file a personal injury claim. For instance, if you sustain an injury at a trampoline park, you must initiate legal action against the park owner or other liable parties within 12 months.

Exceptions to this one-year limit exist. For instance, if the victim dies due to their injuries, their family members can pursue a wrongful death claim.

The time frame for such claims hinges on the court’s appointment of a personal representative, which in some instances can allow for more than one (1) years.  Additionally, in medical negligence cases, the statute of limitations begins upon discovering negligence or when one should have reasonably become aware of it.

Contact an Owensboro, KY and Madisonville Premises Liability Lawyer 

Through filing a premises liability lawsuit, you can hold a negligent property owner liable when they don’t take proper care of their premises to prevent these terrifying incidents.

With premises liability law offices in Owensboro and Madisonville, Rhoads & Rhoads represents victims throughout Western Kentucky on a contingency fee basis, which means no payment is required upfront.

We get paid only if we win or settle your case, so NO RISK is involved.

Call us at 888-709-9329 for legal advice or contact us by email to schedule an appointment with one of our Madisonville or Owensboro premises liability lawyers.