Kentucky Premises Liability Lawyer

Property owners and managers are required to ensure their premises are both safe and properly maintained for business visitors and guests. If they fail to do so and you or a loved one is injured as a result, you may be awarded compensation for your losses and expenses through a premises liability lawsuit. When injuries are serious, they can cause major problems, as medical and rehabilitative bills mount up at a time you may be unable to work. A successful premises liability lawsuit can alleviate your financial problems, provide for your future needs, and allow you to concentrate on getting well.

Kentucky premises liability law is complicated, and property owners, insurance companies, and their lawyers will try to get you to settle for the lowest amount possible or deny claims altogether, but, fortunately, you do not have to fight them on your own. There is legal help available to fight for your rights and the settlement you deserve.

At the Johnson Law Firm, we have successfully represented people from across Kentucky who have been seriously hurt on dangerous premises. Attorney Billy Johnson, has been helping injury victims and their families put their lives back together since 1998, and he is ready to help you.

Why Choose Our Kentucky Premises Liability Attorney

There are many lawyers out there, and you should look for one you feel comfortable with who also has the skills and resources to fight for the settlement you deserve. Here are some reasons why we feel the Johnson Law Firm is your best choice:

• We are experienced. Attorney Billy Johnson is highly skilled and aggressive when going after the negligent parties and has been helping injury victims for decades. At the same time, he is compassionate and caring toward the families he serves.
• We get results, including a $9 million trucking accident settlement.
• We have helped many satisfied clients, and you can read their testimonials to prove it.
• We are certified and respected for the work we do. Billy Johnson has been recognized by the following organizations:
  • Super Lawyer
  • Multi-Million Dollar Advocates Forum
  • Million Dollar Advocates Forum
  • National Trial Lawyers, Top 100 Trial Lawyers
  • Instrument Rated Pilot
• We offer free consultations to get you started, and there are no fees to you unless and until we win your case.

How Our Premises Liability Lawyer Works for You

When you are injured on someone’s premises, it is important to get legal assistance quickly to prevent evidence from being destroyed.  When you have the Johnson Law Firm on your side, our legal team begins working for you immediately. We will:

• Meet with you to discuss how the accident happened and determine who the negligent parties may be and what your case may be worth
• Ensure you receive proper medical care and that all injuries are documented
• File all paperwork for your claim according to Kentucky laws and requirements
• Conduct investigations and gather evidence to support your case such as photos and videos of the accident scene, interviews with witnesses and first responders, and police, ambulance and medical records
• Pursue expert testimony as to fault and experts to testify as to the extent of your injuries and the costs and effects on your life into the future
• Negotiate with any insurance companies involved and attorneys from the other side for a fair settlement
• Build your case and take it to court if necessary.

Kentucky Premises Liability Cases Involve Negligence

Our attorneys have the skill and experience to evaluate each unique set of circumstances to determine if there was negligence by the property owner and whether the negligence was a factor in the injury. As in other personal injury negligence cases, our attorneys would have to prove that another party (the defendant in the case) was negligent and at fault for the accident and resulting injuries. To do so, we must establish the following legal elements:

• Duty. The defendant owed you a duty of care not to cause harm.
• Breach. The defendant breached that duty by failure to keep the property safe and failing to fix dangerous conditions they knew or should have known about.
• Cause. This breach resulted in the accident that injured you.
• Damages. You suffered damages as a result.

Kentucky property owners or managers have a responsibility to maintain their property, regularly inspect it for conditions that could cause harm, and fix these conditions to prevent injury to others. If they fail to do so, they may be found negligent and liable for injuries that result. They may also be held responsible for injuries that result because of dangers they should have known about and failed to warn about.

The degree of duty depends on whether the person is considered to be an invitee with implied or expressed permission from a property owner to enter the premises (invitees are owed the highest duty of care) or a licensee, who is not specifically invited but is permitted to be there, such as friends, family members, guests, or neighbors (licensees are owed the second-highest duty of care). Property owners do not have a duty of care to protect trespassers, people who go onto another’s property without permission, but they may not intentionally inflict injury on a trespasser.

The possible types of premises liability cases are virtually limitless and can exist in just about every kind of building or open space, including homes, apartment buildings, hotels, malls, sports arenas, amusement parks, and parking lots. The most common premises liability claim occurs after a dangerous condition causes a person to trip or slip and fall while on someone else’s property. Some common conditions that can lead to a slip and fall are:

• Accumulation of ice or snow
• Crowded aisles
• Defective staircases
• Hidden extension cords
• Loose or broken floors, sidewalks, steps, handrails, or stairs
• Poor lighting
• Unsecured rugs or carpets
• Wet floors
• Falling debris or hanging hazards.

Other common premises liability cases include:

• Negligent Security — Property owners have a legal duty to provide adequate security to protect visitors from criminal activity such as assaults, robberies, and other preventable crimes. Previous criminal activities on and around a property are sufficient to put an owner on notice that there is a safety issue.
• Swimming Pool Accidents — Residential pools, by law, must be fenced, and pool owners have a broad duty to make the pool reasonably safe for use and must do a reasonable job of maintenance and repair. Owners who leave their pool open and unguarded may be held responsible if a child is injured, even if the child was a trespasser.
• Dog bites
• Construction site accidents
• Elevator and escalator accidents
• Snow and ice accidents
• Inadequate maintenance
• Fires
• Amusement Park accidents
• Flooding
• Toxic mold
• Asbestos exposure.

There are situations where multiple parties are at fault for premises liability, such as when there are several owners of a property or there is a management company responsible for repairs that neglected to make them.  Other people or entities who may be held responsible for premises liability injuries include tenants, work crews, landlords, security guards and companies, and people whose intentional, criminal actions caused injuries.

Compensation Our Premises Liability Attorney in Kentucky May Recover

In a successful premises liability lawsuit, our attorneys can help you recover a monetary award for your damages — the losses and injuries you received.  In Kentucky, you may receive compensation for both economic and non-economic damages. Economic damages are payment for your monetary losses such as medical and rehabilitation expenses, lost current and future wages and earning capacity, and funeral costs if a death is involved.  Non-economic damages cover less tangible damages such as pain and suffering, loss of consortium and ability to enjoy life’s pleasures.

In some rare cases where there was gross negligence or malicious intent to harm, you may also receive punitive damages, intended to punish the at-fault party and deter similar actions in the future.

Damage Award Amounts

There are a wide range of damage award amounts possible in a premises liability case, depending on factors such as the extent and permanence of your injuries, and the amount of negligence and fault involved. Even if you did something to contribute to the accident, you may still be entitled to compensation, as Kentucky uses the doctrine of “pure comparative negligence.” This means that courts calculate the proportion of fault of each party in an incident and adjust awards accordingly.  For example, if the settlement was for $100,000 and you were 20 percent at fault, you would receive $80,000.

Get Legal Representation for Premises Liability Claims

The Johnson Law Firm, Kentucky-based attorneys, serving Kentucky including Pikeville and Pike County, has successfully represented countless premises liability accident victims. We can determine whether there was negligence by the property owner and help you fight for your rights. If you or a loved one has been injured on the property of another person or business, protect yourself by contacting our office today to speak with an experienced personal injury attorney who can help you understand your legal options.

Do not delay, as Kentucky has a statute of limitations, a strict deadline on your ability to file an injury claim. According to the law (KRS 413.140), with only rare exceptions, you must file within one year or the courts will refuse to hear your case.

Call the knowledgeable KY premises liability lawyers at the Johnson Law Firm today at 606-437-4488 for a free, no-obligation consultation to get started.