The law of premises liability in Kentucky involves the duty of owners and occupiers of land to maintain a safe environment so as not to cause injuries to others. The accident might be as common as a slip-and-fall accident, a dog attack or merchandise falling from above onto a customer at a big box store.
Parking lot, wet floors, negligent security, fires and explosions, electrical accidents, toxic chemicals and even swimming pool accidents are all types of premises liability accidents.
Proving a Kentucky Premises Liability Case
A claimant who has been injured on property that is owned or occupied by somebody else in Kentucky requires that individual to prove certain elements of liability. Those elements follow:
- The owner or occupier of the property owed a duty of care to the claimant.
- There was a breach of that duty.
- It was the breach of that duty that caused injury to the claimant.
- The injuries suffered by the claimant were a foreseeable proximate cause of the breach.
- The injuries suffered are compensable.
Were you subject to dangerous conditions while on a commercial property? Learn more about premises liability below.
Visitor Classifications
In Kentucky, the compensability of the injury to a visitor to property pivots on how that law classifies the claimant. There ae three types of categories of visitors in the Commonwealth. Those categories follow:
Invitees
An invitee is typically on a premises for a commercial purpose. He or she might be a shopper, an event attendee or somebody who is on a premises for a business purpose. In Kentucky, the owner or occupier of property has a legal duty to inspect for and disclose hidden dangers to invitees who are on their property.
Licensees
A visitor without any type of a business or commercial purposes is a licensee. For example, a social guest in your home would be a licensee. No legal duty to inspect for harmful conditions exists, but there must be reasonable care for known dangers.
Trespassers
A trespasser has no invitation, license or authority to be on a property. The lowest duty of care is owed to a trespasser. Kentucky does recognize the attractive nuisance doctrine for children though which is intended on the protection of child trespassers. The rationale behind this doctrine is that due to their age, children are not capable of comprehending certain dangerous or risky conditions that they have not encountered in the past.
Attorneys for Premises Liability Victims Throughout Kentucky
If you believe that you or a family member were injured as a result of a dangerously defective premises, the personal injury attorneys here at Kaufman & Stigger, PLLC can help evaluate whether the owner or occupier of the property in question took timely and reasonable measures to repair the condition or warn people of it. If there was a failure to do so, a victim can file a personal injury claim or lawsuit. Under certain circumstances, even trespassers can obtain such compensation under Kentucky premises liability law, so be sure to contact us as soon as possible after the accident for a free consultation and case review.
Comparative Negligence and Kentucky Premises Liability
Sometimes, both parties to an accident are at fault. Kentucky recognizes the law of comparative negligence in personal injury cases. It operates to allocate fault for an accident when the parties to it share it. The Commonwealth is a pure comparative fault state. KRS 411.182 codifies comparative fault in Kentucky. Most states are modified comparative negligence states. Meaning, if a claimant shares in 50% or 51% of the fault, he or she is cannot gain an award. Kentucky is a pure comparative negligence state. In such states, a person might be determined to be more than 51% at fault for an accident and still receive an award of damages, even if the dangerously defective condition that caused the claimant’s injuries was open and obvious.
The Deadline for a Kentucky Personal Injury Lawsuit
An insurance claim is not a lawsuit. Every state has set its own deadline for the filing of a personal injury lawsuit. In Kentucky, the general rule is that the deadline is only one year from the date of the accident. If a minor was in the accident, he or she has until one year after their 18th birthday to file their lawsuit. Although an injury victim might bring an insurance claim within the one-year period, that claim has no legal effect after the expiration of the statute of limitations.
Only a lawsuit filed within the period prescribed by Kentucky’s statute of limitations will preserve and protect a claimant’s right to pursue compensation for his or damages. This is a harsh and strict rule, and there are very few exceptions to it. You don’t want it used against you. It could prohibit you from seeking any compensation for your damages in the future.
Damages in Kentucky Premises Liability Cases
The value of a Kentucky premises liability claim depends on the extent of the injuries. In addition, it considers the economic damages suffered, both now and into the future. Those damages might include the following:
- Doctor, hospital and other medical bills, including costs of rehabilitation.
- Lost earnings or diminished earning capacity.
- Any permanent disfigurement or disability.
- Pain and suffering including emotional anguish.
- Other significant and valuable damages in the event of a wrongful death.
It’s fundamentally unfair that you must suffer damages as a result of the carelessness and negligence of somebody else. When you retain Kaufman & Stigger, PLLC to represent you for your injuries and damages, you’re giving yourself the best chance at a satisfactory disposition of any Kentucky personal injury case. We take these cases on a contingency fee basis. So it doesn’t cost you a single penny up front to hire us either. We don’t accept legal fees at all unless we obtain a settlement or award for you. It’s our goal to obtain the highest settlement or award that you deserve.
Contact a Premises Liability Attorney Today
If you suffer sudden and unexpected injuries as a result of one or more unsafe conditions on property that is owned or occupied by somebody else anywhere in Kentucky, it will be in your best interests to speak to a personal injury lawyer at Kaufman & Stigger, PLLC for a free confidential consultation and case review. Given the short statute of limitations in Kentucky, you’ll want to do that as soon as possible.
