Accidents are an unfortunate part of everyday life and happen all the time on private and public property. However, some of these incidents can be traced to someone else’s negligence other than the fault of the injured person. Fortunately, when you get hurt on private or public premises because the owner or manager of the property neglected to act with reasonable care to identify or fix hazards that caused your injuries, there are several different avenues established under state law that allow you to pursue a settlement for your injuries.
A Lexington premises liability lawyer can speak with you in a free consultation and review the circumstances that led to your injury and help you determine what legal options you may have. The best personal injury attorney near you will help you seek justice and fight to protect your rights throughout the legal proceedings.
Premises liability claims arise from dog attacks, fires, pool accidents, or incidents at amusement parks, playgrounds, restaurants, and parking lots. Property accidents can also happen because of negligence, from improper or inadequate maintenance to defective structures.
Often, premises liability accidents result in severe injuries, such as broken or fractured bones and severe brain damage. A local Lexington attorney could help injured people recover their financial and emotional losses caused by premises liability accidents. Common losses include costs related to hospital bills, ongoing physical therapy, lost income, and reduced earning capacity, as well as mental anguish, psychological distress, pain, and suffering. As well, some injuries may result in permanent scarring which require future and ongoing medical costs.
Another thing worth knowing in advance of a possible premises liability claim is the time limit Kentucky sets when filing claims for compensation. Specifically, Kentucky Revised Statutes § 413.140 says most people who get hurt because of a landowner’s poor property management have just one year to begin filing suit over their damages. There are very few exceptions to this deadline, so contacting a premises liability lawyer in Lexington should be a top priority for anyone who thinks they may have grounds for a claim.
A victim must prove that the party who caused the property incident was negligent in order to recover financial damages. An example of negligence is when a property owner owes the injured victim a duty of care, breaches the duty, and by breaching that duty, causes the victim to suffer injuries and damages.
The duty of care a property owner owes to visitors varies depending on whether the visitor is an invitee, licensee, or trespasser. For example, the owner owes an invitee the highest duty of care, whereas the owner owes the lowest duty to a trespasser. A landowner owes an invitee, such as a restaurant customer, an obligation to notice and fix hazards on the property.
While the negligent party in a premises liability case can be the owner, manager, or tenant of the property, the injured party most often pursues a settlement with the land owner or homeowner’s insurance company. This is often a concern for many people as they understandably reluctant to file suit against a local business, friend, or family member. However, regardless of if it is a private persona or a large corporation, liability insurance polices are in place for a reason and the owner pays for these policies specifically to cover injuries that occur on the subject property. While there are certainly some insurances that attempt to settle the case and do the right thing, there are often other insurance companies that will do everything they can to deflect or push back against an assessment of liability for the property incident, making it all the more important to retain a top Lexington premises liability lawyer who knows how to fight back against these tactics.
Most of the time, private landowners are not considered liable for accidental injuries suffered by trespassers unless the owner did something to intentionally harm the trespasser, such as setting up traps. However, there is one notable exception to this rule which can be important for parents of minor children.
Under the “attractive nuisance” doctrine, property owners with things on their land like swimming pools or construction equipment, which might entice a curious child into trespassing, have an extra responsibility to ensure minor children cannot easily access them. A landowner who fails to meet this obligation may hold civil liability for injuries suffered by a trespassing child as a result of that hazard.
In other words, this doctrine may allow parents of minor children to file suit on their injured child’s behalf under circumstances where an adult would otherwise not be able to. That said, this doctrine assumes that the child in question is so young that they cannot understand the dangers associated with “attractive nuisances.” It does not apply in every situation involving an injury to a child under 18.
In some cases, proving that an unreasonably dangerous condition existed on someone else’s private property, and that it directly led to a lawful visitor suffering a serious injury, is as simple as getting a copy of a surveillance or doorbell camera recording which shows the accident. More often, though, establishing fault for an incident like this, and providing specific damages, requires some effort. The following is some of the evidence which can help a claim:
Among many other things, assistance from a Lexington dangerous property attorney can be especially vital to collecting and preserving key information before it is lost or destroyed by homeowners or other people acting in bad faith.
When you or a child are hurt in a premises liability accident, you may be unsure who is legally responsible for your personal, financial, emotional, and psychological injuries. The best Lexington premises liability lawyers will use all tools and strategies available to seek the most favorable outcome for your case.
A highly rated injury attorney could draw upon a wealth of experience in handling these types of legal matters to determine what insurance bears liability for your injuries and build a strong case for damages that could give you the financial support you need to get proper medical care. To learn more about starting a premises liability claim, call now and book your free consultation with a local attorney at Maze Law Offices.
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