Premises Liability Attorneys in Lexington, Kentucky

Imagine walking into a store or a friend's apartment and suddenly finding yourself hurt due to an unexpected hazard. Visiting another's property should not lead to a journey of pain and distress. Yet, slips, trips, and falls are common occurrences with potentially grave consequences. Such scenarios are at the heart of premises liability law—a body of law designed to hold property owners accountable for injuries sustained on their property. You deserve to understand what premises liability entails and how it applies to injured parties seeking justice.

At Wilson & McQueen, PLLC—based in Lexington, Kentucky, and serving those throughout the surrounding areas, including London, Georgetown, Richmond, and Nicholasville—our mission is to take your legal concerns off your shoulders, so you can focus on what matters most. Reach out to us today; we're committed to standing by your side every step of the way. 

What to Do When You've Been Injured on Someone Else's Property

If you've been injured on someone else's property, it's crucial to take the following steps to protect your rights: 

1. Seek Medical Attention: Your health is the top priority. Obtain medical treatment immediately, even if your injuries seem minor initially. 

2. Report the Incident: Notify the property owner or manager about the incident as soon as possible. Make sure a written report is filed, and request a copy for your records. 

3. Document Everything: Take photographs of the hazard that caused your injury and gather the names and contact information of any witnesses. Keep a record of all medical treatments and related expenses. 

4. Do Not Give Statements: Be cautious about what you say to property owners, managers, or insurance companies. Avoid providing a statement or admitting any fault before consulting with a lawyer. 

5. Contact an Attorney: Consult with a personal injury attorney experienced in premises liability law to discuss your case and understand your legal options. 

At Wilson & McQueen, PLLC, we offer legal guidance throughout this process and work diligently to secure the compensation you deserve. 

Understanding Premises Liability 

In simple terms, premises liability refers to the legal responsibility that property owners have for accidents and injuries that occur on their property due to their negligence. If a hazardous condition on someone else’s property causes you harm, you may have a premises liability claim. 

Common Types of Premises Liability Claims

The realm of premises liability encompasses various incidents, but some of the most frequently encountered claims include slip-and-fall accidents, inadequate building security leading to injury or assault, accidents on amusement park rides, animal attacks, and swimming pool accidents. These instances often revolve around the concept of negligence—where the property owner has failed to maintain a safe environment or to warn of potential dangers.  

Who can be held liable? 

It's not just homeowners who can be held accountable. Any negligent property owner, from your neighbor to the local grocery store owner or even a government entity, can be subject to a premises liability claim. 

Property Owner Duty of Care 

In Kentucky, property owners have a duty of care to ensure their premises are safe for visitors. This includes regular maintenance, repairing known hazards, providing adequate security, and warning visitors of any potential dangers. 

The Attractive Nuisance Doctrine 

The Attractive Nuisance Doctrine is a legal principle that comes into play when children are enticed onto a property by something that naturally draws their curiosity. The doctrine recognizes that children may not fully comprehend the risks posed by certain hazards. Under this doctrine, property owners may be held liable for injuries if they have features on their property that are likely to attract children, such as swimming pools, trampolines, or abandoned machinery.

In such cases, it's expected that property owners take extra precautions to prevent children's access to these attractive features and to protect them from harm, even if the children are trespassing. In Kentucky, as in many other states, the safety of children is given special consideration, and adhering to the Attractive Nuisance Doctrine is a key aspect of the property owner's duty of care. 

Comparative Fault in Kentucky

Kentucky law acknowledges the principle of comparative fault, which plays an important role in premises liability cases. This doctrine allows the court to assign a percentage of fault to all parties involved in an incident. If you, as the injured party, are found partially responsible for your own injuries, your compensation may be reduced accordingly.

For instance, if a court deems you are 20% at fault for not paying attention to posted warning signs, and the property owner is 80% at fault for not maintaining a safe environment, any damages awarded to you would be lessened by 20%. Understanding the complexities of comparative fault is crucial, as it can significantly impact the outcome of your premises liability claim. 

The Importance of an Attorney in Premises Liability Cases

When faced with the repercussions of a premises liability injury, working with a knowledgeable personal injury attorney is critical. An experienced lawyer brings invaluable experience in navigating the complexities of the law, ensuring that your rights are protected, and fighting with the goal that you receive fair compensation. Without legal representation, you may be at risk of falling prey to quick, undervalued settlements from insurance companies or missing critical procedural steps in filing a claim.  

An attorney serves as your advocate, using their understanding of premises liability regulations and the nuances of Kentucky's legal system to build a strong case on your behalf. With their assistance, you can focus on recovery while they handle negotiations and advocate for your best interests, striving to hold the responsible parties accountable for your injuries. Remember, a trustworthy attorney from Wilson & McQueen, PLLC is not just a legal advisor; they are your partner in the path to justice and healing.