Can I Sue a Business If I Was Hurt on Their Property?
Nov. 17, 2022
In Kentucky, business owners and storekeepers have a legal duty to provide a reasonably safe environment where customers can shop without harm. This involves carrying out necessary repairs or warning customers of possible harm. In the event that a customer becomes injured due to the unsafe, dangerous, or hazardous conditions of the business's premises, the victim may be eligible to seek damages through a premises liability claim.
At The Law Office of Kyle S. Hall, I support and represent clients in their premises liability cases. As an experienced Kentucky personal injury attorney, I can evaluate the facts of your unique situation and explore your options to obtain compensation. I will fight zealously to protect your legal rights, hold the negligent business owner liable, and help you seek the financial justice you deserve. The Law Office of Kyle S. Hall is proud to serve clients across Hazard, Kentucky, and the surrounding areas of Letcher, Knott, Leslie, and Perry Counties.
Premises Liability in Kentucky
Premises liability is a legal concept which usually comes into play in personal injury cases where a person suffers an injury in an accident due to the defective, dangerous, unsafe, or hazardous conditions of another person's property.
According to Kentucky premises liability law, if you are a visitor or customer at a person's home, property, or business premises and you get hurt as a result of a hazardous or dangerous condition, you may be eligible to seek compensation for your premises-related injuries.
Examples of Premises Liability Claims
Here are some common examples of premises liability incidents that may occur and lead to a claim:
Dog bites, dog attacks, and other animal attacks
Elevator and escalator defects or accidents
Negligent security leading to assault or injury
Snow and ice accidents
Defective and broken stair accidents
Garage door accidents
Swimming pool accidents
Toxic fumes or chemicals
Inadequate maintenance of the property
Accidents involving fire
Water leaks or flooding
Construction site accidents
Balcony or porch collapses
If you or a loved one was injured in an accident on a business's property, you need to reach out to an experienced personal injury attorney straight away. Your lawyer can enlighten you about Kentucky business liability laws and explore your options to recover damages.
Kentucky Business Liability Laws
According to Kentucky law, business owners have a legal responsibility to keep their premises safe and reasonably protect customers from undue harm. Also, customers who were hurt on the business's property may be eligible to seek compensation through premises liability claims. In order to recover damages, you must establish liability by showing that:
There was a dangerous, unsafe, or hazardous condition on the business's property.
The business owner knew or should have known of the unsafe condition but failed to remove the danger, fix the damage, or post a warning to customers.
You were injured due to the dangerous or unsafe conditions on the property.
You suffered damages as a result of your injuries.
Knowledge of Dangerous Conditions
Showing the business owner's knowledge of the dangerous condition can be quite difficult. Regardless, you may be able to help your case by proving any of these:
The unsafe condition on the premises existed long enough for the business owner to know about it.
The business had no reliable procedure to check the hazard and remove it immediately.
The business had no procedure to warn guests about the dangerous condition.
An experienced attorney can gather substantial facts and evidence to help prove that the business owner knew or should have known of the unsafe condition and ultimately establish liability.
The Attractive Nuisance Doctrine
The attractive-nuisance doctrine is a tort law which makes it a duty for the property owner or business owner to treat trespassing children in a similar way to an invitee, visitor, guest, or customer who is lawfully on the property. Due to this, the property or business owner must exercise reasonable care to eliminate any possible harm, danger, or hazard or provide adequate warning.
Statute of Limitations
Kentucky’s statute of limitation for premises liability claims indicates that an action to recover damages for injury to a person on a business's property must be brought within one year from the date of the accident or premises-related injury.
Comparative Fault Rule
Additionally, Kentucky operates using the "pure comparative fault" rule. According to the system, a person injured on a business's property won't be barred from seeking damages even if they were mostly at fault for their injuries.
However, the amount of compensation that may be recovered will be reduced by the plaintiff's fault degree. Under Kentucky's pure comparative fault principle, you may still be allowed to seek compensation even if you were up to 99% at fault for the premises-related injury or accident.
Legal Advocacy You Can Trust
If you or a loved one was hurt on a business's premises, you deserve vigorous representation and personalized legal counsel. Contact me at The Law Office of Kyle S. Hall today to schedule a simple case assessment with a reliable premises liability attorney. My firm is proud to serve clients across Hazard, Kentucky, and the surrounding areas of Letcher, Knott, Leslie, and Perry Counties.