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Property owners and managers have a legal duty to provide safe premises for visitors. When negligent maintenance, failure to address hazards, or lapses in care result in slip and fall accidents, dog bites, or other injuries, there may be grounds for a valid premises liability claim.

If you sustained injuries related to premises liability, simply call us toll-free at (812) 505-4243 to request your free consultation. The personal injury attorneys at the Karl Truman Law Office are dedicated to helping slip and fall injury victims from the greater Louisville, KY, and Jeffersonville, IN, communities, so don’t hesitate to reach out today.

What Is Premises Liability?

Premises liability refers to a property owner or manager’s responsibility to protect visitors from dangerous conditions that exist on their land or buildings. Under premises liability law, property owners must address any hazards they know about—or reasonably should have known about—in order to prevent accidents and injuries. Failure to do so can be considered negligence in the eyes of the law.

When a property owner fails in this duty and their negligence leads to someone getting hurt, the injured person can seek compensation by filing a premises liability lawsuit.

Examples of Premises Liability Cases

Premises liability claims often involve slip and fall accidents, but many other types of accidents can also lead to injury and give rise to legal action:

  • Inadequate security resulting in assault or other crime on the premises
  • Poor lighting causing falls or obscuring hazards
  • Unmarked steps leading to trips and falls
  • Broken sidewalks, stairs, or handrails
  • Icy, wet, or excessively slippery floors
  • Loose floorboards, torn carpeting, or uneven surfaces
  • Items stored improperly leading to falling merchandise
  • Failure to remove snow and ice promptly
  • Allowing broken glass or debris to remain on the ground
  • Dogs or other animals that attack or bite visitors

A wide range of parties may share in the liability when their negligence contributes to an accident. Property owners themselves can be sued, but lawsuits may also name property managers, maintenance contractors, security companies, or other responsible third parties.

Injuries and Damages in Premises Liability Cases

While premises liability accidents often result in minor injuries, some lead to severe harm. Common slip and fall injuries include:

  • Broken bones or fractures requiring surgery
  • Head, neck, and back injuries
  • Traumatic brain injuries
  • Spinal cord damage resulting in paralysis
  • Disfiguring lacerations from falls
  • Amputation of fingers or limbs
  • Permanent disability or loss of mobility

In addition to extensive medical treatment and rehabilitation, slip and fall accident victims might suffer lost wages from being unable to work. Ongoing medical needs, disability, and pain and suffering can cause long-term financial and emotional hardship as well.

State laws allow accident victims to claim compensation for these damages by filing a personal injury lawsuit against the negligent parties. With an experienced premises liability attorney as your advocate, you can pursue the justice and financial recovery you deserve.

Act Quickly to Document Your Slip and Fall Incident

Premises liability cases require you to prove that the property owner knew (or should have known) about the hazardous conditions that caused the accident. To do this, you may need to act quickly. Evidence can disappear rapidly, especially if it involves wet floors, icy sidewalks, or other temporary hazards.

Photograph the accident scene, make notes about the circumstances, and get contact information from witnesses right away so important details are not forgotten. Save any related receipts or invoices and be sure to follow your doctor’s treatment recommendations closely to properly document all accident-related injuries.

Most importantly, make sure you report your accident immediately to the property owner or manager. Make an accident report, and request a copy. Without making an immediate record of the accident, it may become extremely difficult to prove that your injuries were caused by your slip and fall accident—or even that it occurred at all.

How Are Premises Liability Damages Calculated?

These situations involve negligence law, which is a framework used in our legal system to determine if the plaintiff has a right to compensation.

The defendant will likely have liability insurance on their property, and the insurer will then be obligated to pay damages up to the policy’s limit (provided that the accident is covered by the policy).

To prove negligence in a premises liability case, you must show that:

  • The defendant failed to provide a duty of care to the plaintiff by keeping the premises reasonably safe.
  • The defendant breached the standard of care applicable to the plaintiff’s legal status (invitee, licensee, trespasser) with regard to the property.
  • The defendant’s inaction/actions resulted in injury.

Comparative Negligence in Calculating Damages

Since we represent clients from both Indiana and Kentucky, we need to break down the differences here in how comparative negligence damages are calculated:

  • Kentucky – Follows a “pure comparative negligence” model of justice (as per KY Revised Statute 411.182). Courts calculate degree of fault as a percentage and then subtract the plaintiff’s damages by their percentage of fault. In this instance, a plaintiff found to be 75 percent at fault for the accident will receive 25 percent of awarded damages.
  • Indiana – Uses a “modified comparative fault” system that prohibits plaintiffs from receiving compensation if they are found to be 51 percent or more responsible for their injuries (as per Indiana Code 34-51-2-6). For those who are 50 percent at fault or less, plaintiff damages are reduced by their percentage of fault—the same as Kentucky.

My 80-year-old mother slipped and fell at a grocery store. Had a hard time getting anyone to call me back, so we called Karl Truman. They handled everything for her. She was not stressed out anymore. Everything that Jessica Batman told us was exact and very understandable. She was taken care of by wonderful people. Thank you all so much. 

-Shannon K. 

Get the Colonel on Your Side

Don’t leave your financial recovery to chance. Contact an experienced Louisville slip and fall attorney at Truman Law after your accident. We have been successfully representing people injured in premises liability and slip and fall incidents for more than 30 years.

We will focus on you as an individual and provide you with the same level of service that we would give our own family members. And with offices in Louisville and Jeffersonville, we have extensive experience representing injury victims in both Kentucky and Indiana.

Call (812) 505-4243 or contact us online today for a free consultation. We’ll review the details of your case and help you understand your legal options.