Every day you enter property that is not your own. These include grocery stores, shopping malls, hotels, restaurants, big-chain stores, parking lots, apartment complexes, healthcare centers, private homes, government agencies, and more. If you have had an injury occur on someone else’s property, it may be due to a negligent owner not maintaining property and failing to meet their duty of care owed to you.
Kentucky Law on Premise Liability
Premise liability cases are the laws concerning the safety of visitors on a property. Premise liability law covers any situation where someone is invited or allowed onto a property, after which they are known as the “invitee.”
Kentucky has a comparative negligence rule, which takes into consideration your actions and conduct as well as the property owner’s action and conduct. If you are partially at fault, you may still be able to recover a percentage of damages. For example, if you were 80% at fault in an accident that occurred on the property and the other party was 20% at fault, then you can recover 20% of the damages resulting from your accident.
We do everything in our power and within the law and legal limitations to prove that you were not at fault for your injuries that occurred on the premises and fight for 100% of what is owed to you.
Types of premise liability cases
- Hazardous property conditions
- Failure and inadequate maintenance of property
- Flooding and wet floors
- Playground accidents
- Inadequate building security resulting in injury or assault
- Dog bites
- Swimming pool accidents
- Exposure to toxic fumes and chemicals
- Elevator and escalator accidents
- Types of damages you can recover
- Medical expenses, such as hospital bills, prescription cost, rehabilitation and therapy costs, walkers, wheelchairs and other medical supplies
- Lost wages, which is compensation for lost time from work and can include lost earning potential if you are unable to work in the future as a result of your injury
- Non-economic damages, such as physical or emotional pain and suffering. This includes anxiety, sleepless nights, depression and a general loss of enjoyment due to the accident
- Punitive damages, which are rarely awarded as they are designed to punish the property owner because their conduct was so wrongful as to ensure that type of accident never occurs again
How long do you have to file suit?
In premise liability cases in Kentucky, the statute of limitations is one year from the time the accident occurred. Call us now!
If you have sustained an injury on someone else’s property it is important to consult legal representation. You should never try to settle a case on your own as it is statistically proven that people with quality legal representation walk away with substantially more money. At Curtis Legal Services, let us take the stress out of dealing with the legalities and insurance carriers. Your focus should be on healing and getting better while your case is handled with the utmost care and individualized attention. We take a personalized approach — we like to pride ourselves on getting big-city firm results with one-on-one attention to every case.