Understanding Premises Liability in Kentucky
In Kentucky, property owners are required to make reasonable efforts to keep their premises safe for visitors. A property owner who fails in this duty may be liable for injuries or accidents sustained by the victim on their property. Through a premises liability claim, a victim may seek to hold the property owner responsible for an injury or accident which occurred as a result of any dangerous, unsafe, or hazardous conditions on the premises.
Comparative Negligence in Kentucky
When determining liability, Kentucky uses the "pure comparative negligence" rule. Under this principle, your involvement in the accident doesn't limit your ability to recover damages, but the total amount you will be able to recover in compensation will be reduced by your fault percentage.
For instance, if you were awarded $50,000 in total damages and the judge found you to be 20% responsible for the accident, you will recover only 80% of $50,000 ($40,000). Even if you were 90% responsible for the accident, you would still be able to recover some damages.
Types of Premises Liability Claims
Some common injuries that may occur and lead to a premises liability claim include:
- Slips and falls
- Dog bites and other animal attacks
- Inadequate maintenance of the property
- Negligent security leading to injury or assault
- Defective and broken stairs accidents
- Garage door accidents
- Defective staircases or stairway collapse
- Accidents involving fire
- Water leaks or flooding
- Porch collapse
- Swimming pool accidents
- Elevator and escalator defects or accidents
- Chemicals or toxic fumes
Private Property vs. Public Property Claims
Premises-related injuries can occur on both private and public properties. Private properties include residential apartments and commercial buildings, including retail stores, restaurants, local grocery stores, and supermarkets. Conversely, public properties comprise public schools, public libraries, public playgrounds, theme parks, sidewalks, parking lots, roadways, oilfields, and other government establishments.
In premises liability lawsuits, there is no difference between private or public property negligence. Victims can seek damages for sustaining an injury on private property. Similarly, they can pursue fair compensation from the government or municipality for premises-related injuries suffered on government property or public place. Whether the accident occurred on a residential apartment, local store, or even a roadway, you are eligible to file injury claims against any negligent property owner.
Work With Experienced Attorneys
Regardless of the severity of your injuries, establishing fault in a premises liability case can involve some complex issues. You need to establish that the property owner was aware of the property's unsafe condition, which caused your injury or accident, but failed to do anything about it. A knowledgeable firm of premises liability attorneys can help protect your rights and pursue fair financial compensation.
At Bland & Birdwhistell, PLLC, our attorneys have devoted their careers to protecting the rights of premises liability victims and their loved ones. Our team will review the details of your case, carry out a comprehensive investigation, and explore your possible legal options to recover damages. As your legal counsel, we will fight aggressively to represent your best interests and help negotiate a fair settlement with the insurance company. Having our team on your side can enhance your chances of a favorable outcome in your premises liability lawsuit.