Property owners have an obligation to ensure that their property is reasonably safe for legal visitors. In legal terms, this is known as a “Duty of Care.” When a property owner violates this duty of care, they can be held liable for any injuries that occur on their property. This legal concept is known as “\Premises Liability.” If you have been injured due to an unsafe condition on a public or private property, you may be entitled to compensation from that property’s owner.
Determining whether a property owner has breached their duty of care is not as simple as it may sound. If you are considering a premises liability lawsuit, you need to contact a qualified Louisville catastrophic injury lawyer first. With more than 90 years of combined experience, the legal team at the Louisville office of Kaufman & Stigger, PLLC has been successfully representing Kentucky injury victims. Call us today at (502) 458-5555 or (800) 937-8443 to speak directly with an attorney.
Proving Your Claim
To prove that a property owner or manager breached their duty of care, your attorney may need to prove some of the following:
The property owner created the hazardous condition.
The property owner or manager knew about the hazardous condition or should have known about the hazardous condition.
The property owner or manager failed to remedy a known hazardous condition.
The property owner or manager failed to warn visitors of a possible hazardous condition.
You were on the property legally and not trespassing.
The hazardous condition caused your injury.
For example, suppose you were walking through a parking garage where several of the overhead lights had burned out. Since you couldn’t see the ground, you tripped over a parking barrier, fell, and injured yourself. The garage’s owner or the entity responsible for maintaining the garage could be held liable for your injuries because they should have been aware of the burned out lights and fixed them.
Typical Premises Liability Accidents
A wide variety of accidents can be attributed to the negligence of a property owner. Some of the most common premises liability claims include the following:
Slips and falls (water, oil or other liquid on floor; snow or ice buildup, etc.)
Trips and falls (Debris on ground, poor lighting, lack of handrails or warnings, etc.)
Burns and electrocution (faulty wiring, hot liquids, fires, etc.)
Assaults (failure to provide adequate security)
Falling merchandise (improper stacking or shelving, etc.)
Premises Liability on Rental Property
A property owner is not always liable for accidents that take place in a rented part of their property that the tenant is in charge of maintaining. For instance, if you were at a friend’s apartment and slipped on a floor they had just mopped, the owner of the apartment building would not be considered liable for your injuries. If, however, you slipped on a wet floor due to a leaking faucet that the tenant had reported to the manager, the owner of the apartment building could be held liable for the accident.
As you can see, determining a property owner’s responsibility for an accident can be complex. So, to get compensation for medical bills, lost wages, pain and suffering, and more, it is vital that you contact a proven and experienced personal injury lawyer in Louisville. Kaufman & Stigger, PLLC can examine your case and advise you as to whether you have a viable premises liability claim or not. Call (800) 937-8443 for a free consultation.
Remember, our firm charges no fees unless we win or settle your case.
Frequently Asked Questions
If I slip on a sidewalk, who is responsible?
Kentucky law makes the owner of a public place responsible for any injuries that came from a dangerous hazard on the property. For a sidewalk, this could be the owner of the store where the sidewalks is, or it can be owned by the city. Talk to an attorney who can help you determine who is responsible.
If I fall and get hurt in a store, will I get money for my injuries?
Slip and fall cases are sometimes difficult to prove because the law allows the owner of the property a reasonable time to fix any known dangerous hazards. So to prove negligence in a slip and fall case, the victim has to prove that the owner either directly negligently caused the hazard or negligently failed to fix in a reasonable time.
What should I do if I fall and get injured in a store?
If you are able to, you need to get the name and info of anyone who saw you fall and any employees on at the time of the fall. Then you should immediately report the incident to the manager. Using your cell phone, get pictures of the item or substance that caused you to fall. The more information you get at the time will help your attorney in making a successful claim.
With the NO FEE PROMISE, you never pay us a fee unless we win or settle your case Call us for a free consultation.
Frequently Asked Questions
Understanding your rights to compensation after an accident can help you and your family rebuild and recover after this traumatic event. Please look over the FAQ’s to get insights about worksite accidents. Call Kaufman & Stigger, PLLC Injury Lawyers to talk about your worksite accident and concerns.
To determine if you have a case, consult with one of our experienced car accident lawyers. With the NO FEE PROMISE, the first consultation is FREE. With the help of medical professionals and our team of car accident reconstruction experts, our lawyers will investigate your claim and determine all of your legal options to make sure you have a full and fair recovery for your injury.
Yes. Each state has a filing deadline for individual types of civil cases, called a “statute of limitations”. If you allow the statute of limitation to expire on your claim, you will be barred from making a recovery. This is why it is important to consult with one of our lawyers as soon as possibleafter your car accident.
If someone else caused your accident, you may have a right to seek money damages from that person and their insurance company for your medical care, hospitalization, medication, medical supplies, lost earnings, future medical care, future loss of earnings, and pain and suffering. Call one of our lawyers as soon as possible after the car accident to advise you of your rights.
The fairness of any settlement offered by your insurance company should always be reviewed by an experienced car accident attorney. We recommend you contact Kaufman & Stigger, PLLC Injury Lawyers first before trying to settle any case with the insurance company. Do not sign anything or accept any offer without getting a FREE consultation immediately following your car accident. You may be unaware of additional compensation you are entitled to, which may NOT be included in the original settlement offer. Our team of attorneys have decades of experience with car accidents. We can help make sure you are fully and fairly compensated for all the money damages the law allows.
If you were seriously injured, handling your own claim would be difficult. We provide a FREE consultation for this purpose. Our attorneys can investigate the circumstances surrounding your accident to determine who should be held legally and financially responsible. Our attorneys can negotiate and fight for a fair settlement on your behalf, including all financial, emotional and physical injuries related to your case. Our attorneys will use their decades of experience with injury cases to insure your rights and interests are looked after.
Every case is different. The value of your claim may vary depending on the severity of injuries, lost earnings, and the future impact that your injuries may have on all areas of your life. It is best to consult with one of our attorneys and discuss your specific car accident.
State laws can differ, but you may be entitled to payment for medical care, hospitalization, medication, medical supplies, lost earnings, future medical care, future loss of earnings, and pain and suffering. If you lost a loved one in a car accident, you may be entitled to compensation for funeral costs, lost future earnings, and loss of companionship.
The majority of injury cases related to car accidents do not go to trial. Most are settled out of court, meaning the parties reach an agreement without a judge and jury getting involved. Kaufman & Stigger, PLLC Injury Lawyers handles each client’s case to secure the best possible result. For most cases, we are able to negotiate a settlement. However we are prepared to go to court and have done so when needed to make sure each client is fully compensated for their injuries.
Kaufman & Stigger, PLLC Injury Lawyers handles all motor vehicle accident cases on a contingency fee basis. We call this our NO FEE PROMISE. This means that our clients never pay a fee unless we win or settle their case.
Yes. This means that we charge NO legal fees to our client until we recover monetary damages for our client through a jury verdict, settlement or other means. If we do not recover monetary damages, then the client does not owe us any attorney fees.
Yes. A majority of the cases we handle are in Kentucky and Indiana. Our lawyers are admitted to practice in these states. In some cases we utilize co-counsel to represent clients outside of Kentucky and Indiana.
The insurance company is looking out for their best interest, not yours. Insurance companies may try rush you to sign paperwork for as little payment as possible. Our attorneys have a legal and ethical duty to act in the best interests of our clients, insurance company adjusters do not. We work only for you and part of our job is to advise and protect your interests after a car accident.
Even if you didn’t have car insurance on your car at the time of the accident, you are still entitled to recover damages from a person at fault in your accident. In some cases the at fault vehicle is not insured, but the driver of the at fault vehicle does have insurance. Our lawyers investigate and examine all of the details of the accident to determine all insurance coverage that may be available to fully compensate you after a car accident.
Injured? Speak directly to a personal injury lawyer. The injury case evaluation is always free.Learn more.