Property Owners Can Be Held Liable for Injuries Sustained on Their Property
In Kentucky, state premises liability cases, property owners are held responsible for financial damages due to an injury that occurred on their property. Premises liability applies to individuals, as well as to other entities, such as businesses. Property owners and managers have the responsibility to maintain a safe environment and protect the health care of others who may come onto the property. This duty of care requires a property owner to alleviate any known dangerous conditions on the property, as well as any dangerous condition about which the owner should have known. Situations that may lead to premises liability cases would include:
- Slip-and-fall accidents;
- Trip-and-fall accidents;
- Swimming pool injuries;
- Dog bites;
- Elevator or escalator accidents;
- Poorly lit parking lots or garages;
- Inadequate security for an event;
- Improper maintenance on the property.
When a tenant or a tenant’s guest is injured while in or on the portion of the property the tenant rents, such as slipping and falling in the kitchen of a rented apartment, the owner or landlord is not usually liable for those injuries. Instead, it is assumed the renter controls his or her own rented space. Common areas are usually a different story, as those are assumed to be under the control of the landlord or property management company.
Two situations where the property owner would be responsible for injuries received within a space rented by a tenant are when the property owner conceals latent defects or when dangerous conditions are already in existence when the renter takes possession of the property. Such situations may arise when there are toxic mold, lead paint, or mercury risks in the property, leading to physical poisoning and illness for the tenant or tenant’s guest. Property owners are also responsible for completing repairs in a non-negligent fashion.
Rhoads & Rhoads has been protecting the public health rights of the injured throughout Western Kentucky for over 45 years. If you or a loved one has been injured as a result of a negligent property owner, our team of experienced trial attorneys and knowledgeable support staff are available to help you through this difficult time and get you the financial recovery you deserve.
Level of Responsibility for Property Owners
The responsibility to keep property safe is known as a duty of care for property owners. The level of the duty of care will depend upon the class of the injury victim, meaning whether he or she was an invited guest, a licensee (someone who rents a space, such as for a birthday party or wedding), or a trespasser, with the duty of care being higher for invited guests and almost none when it comes to trespassers. A common exception to this is when a property is known to attract trespassers for one reason or another. The matter is not fully settled, however, so if you are injured on another’s property, it is best that you seek the expertise of an experienced premises liability lawyer.
To prove a premises liability claim, you must be able to show that the owner or manager of the property did not meet his or her duty of care to prevent the injuries. Proving the property owner’s negligence as a direct contributor to your injuries is the most critical part of your claim.
Rhoads & Rhoads personal injury lawyers have helped many people recover large settlements for slip-and-fall and other areas including premises liability injuries. Our firm takes great pride in focusing on our clients, tailoring each case to their specific needs and circumstances, and preparing the most persuasive case in order to restore their financial footing. Our premises liability attorneys will complete a comprehensive investigation to determine the total amount of damages you should seek and to find justice on your behalf.
Owensboro KY and Madisonville Premises Liability Lawyers — No Recovery, No Fee
With law offices in Owensboro and Madisonville, Rhoads & Rhoads’ legal practice area includes representing premises liability victims throughout Western Kentucky. We offer free initial consultations, and all cases are taken on a contingency fee basis, which means there is no payment required upfront. We get paid only if we win or settle your case, so there is NO RISK involved.
Call us at 888-709-9329 for legal advice or contact us by e-mail to schedule an appointment with one of our Madisonville or Owensboro personal injury attorneys.