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Kentucky Premises Liability Attorney

injured on stairs premises liability

Did you slip and fall in a grocery store? Did a neighbor’s dog bite you? Was your child hurt at a public or private swimming pool? Although all of these accidents are quite different, they all fall under the same area of the law, known as premises liability.

Whenever you set foot in a store, an office building, a public park, or private property, you have a right to expect that you’ll be safe from harm. Known hazards should be pointed out to you to keep you safe.

When property owners and managers don’t make the effort to address known hazards and protect you, severe accidents can occur. When these accidents cause injuries, you may be entitled to compensation for medical bills and many other expenses.

You should not have to pay for someone else’s negligence. The experienced Kentucky premises liability attorneys at Morgan, Collins, Yeast & Salyer are here to fight for you. We give you the Kentucky Courage to stand up to businesses and insurance companies and demand the money you need to heal from your injuries.

Contact us today to set up your free consultation.

What is Premises Liability?

Premises liability laws cover injuries that happen on someone else’s property and are caused by some kind of unsafe condition. The injured party can typically file for compensation if the property owner, manager, or another responsible party was negligent and failed to prevent or correct the danger. Premises liability covers injuries at all types of locations, including stores, restaurants, apartment complexes, offices, public buildings, hotels, stadiums, job sites, retirement homes, and private residences.

How Can a Kentucky Premises Liability Lawyer Help?

If you’ve been injured and think the property owner was to blame, it’s vital to hire a skilled Kentucky premises liability attorney as soon as possible. These types of cases can be hard to prove without someone on your side who is well-versed in premises liability law and knows how to fight and win in the court system.

At Morgan, Collins, Yeast & Salyer, our attorneys manage every aspect of your personal injury claim so you can focus on your health.

You can trust our skilled team to:

  • Review your case and help you understand your legal options in a free, no obligation consultation
  • Answer all your questions and always be available to talk when you need us
  • Investigate your accident to determine who was liable and all possible sources of compensation, including workers’ compensation and Social Security Disability benefits
  • Collect every bit of evidence needed to prove your case, such as medical records, expert opinions, and witness testimonies
  • Negotiate with the liable party’s insurance agents or lawyers for a fair settlement
  • Represent you in court if the insurance company won’t agree to fair compensation and a trial is needed to demand the money you deserve

Do not wait any longer to get the legal advice you need. Contact us now for your free consultation.

Evidence in a Premises Liability Case

Evidence in a Premises Liability Case

Our team will conduct a thorough investigation to gather all the evidence we need to support your case. Types of evidence that our attorneys will need to prove liability might include:

  • Pictures of the accident scene that show dangers like crooked stairs, built-up ice and 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 important evidence if it wasn’t up to 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.
  • Witness statements can also be helpful if people were around to see your accident and the danger that caused it.

If you have anything that 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.

How Can Comparative Negligence Affect Your Claim?

Insurance companies will do everything they can to avoid paying claims or reduce the amount they owe you. Because of this, it’s important that you refuse to talk to the other party’s insurance company until you’ve consulted a lawyer.

The insurance representative might try to talk you into a low settlement or trick you into saying something they can use against you to show you were at least partially at fault. This is especially scary because of Kentucky’s “comparative negligence” rule.

Comparative negligence means that any amount you are awarded could be reduced if you’re found to be partially at fault for the accident. Courts will decide how much each party was at fault and will assign damages based on that percentage.

For example, if the court determines that your damages were $10,000, but you were 25% at fault, then your award will be reduced by $2,500.

Do I Have a Premises Liability Case?

Unfortunately, you can’t automatically assume that a property owner or manager owes you money for your injuries. To win a premises liability lawsuit, you must prove that some dangerous condition on the property directly caused you harm, and that the person or business you’re accusing was liable for the incident.

If you were hurt on someone else’s property, you should definitely speak with an attorney about your legal rights. At Morgan, Collins, Yeast & Salyer, we will meet with you personally in a free consultation to go over the details of your situation and discuss what to do next.

To win a premises liability claim, our team will need to prove a number of elements:

  • You were allowed to be there: You must be able to show that you were an authorized invitee or licensee on the property. If you were trespassing, it is unlikely that you can file a premises liability lawsuit, except in certain limited circumstances. For example, if the property owner purposely created a dangerous condition to do you harm or created an “attractive nuisance” that could endanger children, they might be liable for injuries to trespassers.
  • You were injured: You must prove that some hazard on the property directly caused your injuries. Injuries in premises liability claims might include broken bones, abrasions, concussions or other traumatic brain injuries, spinal cord injuries, disfigurement, or fatal injuries.
  • Your injury couldn’t have been reasonably avoided: The dangerous condition on the property could not have been so obvious that you should have been able to avoid it. If you somehow contributed to the accident – for example, if you were drunk or talking on your phone and missed a warning sign – you might be deemed at least partially responsible.
  • Another party was negligent: You must have convincing evidence to show the person or business was negligent. This could mean that the property owner or manager knew about the danger but didn’t properly act to address the hazard. Or they should have known about the dangerous condition and didn’t try to resolve it.

In some cases, parties besides the property owner or manager might be at least partially liable. For example, a property owner might lease part of the space or a store manager might hire a contractor to clear sidewalks. Then, these other parties might be held liable if they contributed to your injuries.

Our lawyers will go over every detail of your case to determine who exactly is responsible for your injuries. Then, we will demand the full amount you need to recover.

Compensation for Injuries on Dangerous Property

People often ask us how much their case is worth. Unfortunately, there’s no way to tell right off the bat. The amount of money you are owed depends on the specifics of your case and how your injuries will affect you in the future.

Your compensation may include payment for:

  • Currently outstanding medical bills
  • Future medical expenses
  • Lost income while recovering from your injuries
  • Reduced capacity to earn a comparable income in the future
  • Costs of medical devices, disability accommodations, or prescriptions
  • Pain and suffering
  • Emotional trauma
  • Lost companionship
  • Loss of enjoyment of life

Do not trust an insurance company that offers you a quick settlement after an accident. That check will not account for your total losses, and if you cash it, you will be signing away your legal rights.

Talk to us first.

Types of Premises Liability Claims

Property owners and managers are responsible for keeping their premises safe. When they fail to do so, customers, employees, and visitors can suffer serious and even fatal injuries. Some of the most common types of premises liability claims our law firm handles include:

  • Slip and fall accidents: Whether you’re at the store or visiting a friend, slip and fall injuries can happen when owners fail to maintain their walkways, sidewalks, and stairwells. Conditions that often cause these types of incidents 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, or poor lighting that prevents people from seeing dangerous circumstances.
  • Elevator and escalator accidents: Dozens of people die each year and thousands more are injured and by elevator and escalator defects and malfunctions. 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 have to climb out. Similarly, people can be injured when an escalator stops suddenly, traps part of a person’s clothing, or has missing parts.
  • Accidents caused by snow or ice: People can easily slip and suffer severe injuries like brain damage if snow and ice aren’t promptly removed or treated with dissolving agents such as salt.
  • Dog bites: Owners are responsible when they fail to restrain their dogs, leading to attacks. Children are particularly vulnerable to this type of injury. The owner can even be held liable if the dog bite occurred on their property, including if they didn’t put the dog in a fenced area to protect children who might be attracted to the dangerous animal.
  • 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. Additionally, any time a pool is left uncovered or unfenced, it presents a hazard for children who could easily fall into the pool and drown within minutes. Toddlers and younger kids are especially at risk because they might be attracted to unsecured pools and not fully understand their dangers.
  • Injuries due to negligent security: Property owners such as hotels have a duty to ensure their visitors are safe when they are on the premises. This includes doing all they can to protect customers from burglaries, assaults, and other violent acts. When property owners don’t take proper care to prevent these terrifying incidents, they can be held liable.

Statute of Limitations on Kentucky Premises Liability Lawsuits

Kentucky’s statute of limitations sets time limits on how long you have to file a premises liability lawsuit. You typically have one year from the date of the accident to file a personal injury lawsuit in Kentucky. However, there are exceptions to these rules, which can make them incredibly complicated.

To make sure your case is properly prepared and meets all the important deadlines, talk to an experienced Kentucky premises liability attorney as soon as possible.

Talk to a Kentucky Premises Liability Lawyer Now

If a dangerous condition on someone else’s property caused you harm, the skilled premises liability lawyers at Morgan, Collins, Yeast & Salyer can help you fight for the compensation you deserve.

With decades of legal experience and seven offices across Kentucky, we have the knowledge, the resources, and the Kentucky Courage to skillfully handle your case and fearlessly fight on your behalf. Don’t wait until it’s too late to get the justice you deserve. Call us today or contact us online to set up a free consultation.

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Hello my name’s David Marion. I chose (Morgan, Collins, Yeast & Salyer)…He did an excellent job on (our) case. He got us what we deserved and what we should’ve gotten. And he worked very hard at what he did. And we are very pleased with the outcome of our case.

Review by: David Marion
Date published: 2019
Rating: ★★★★★5 / 5 stars