Premises Liability
Businesses that open their doors to the public for the sale of goods or services owe a legal duty to maintain their premises in a reasonably safe condition. Such businesses also have a duty to ensure that their employees do not act negligently and harm customers. When a business fails to maintain its premises in a reasonably safe condition or one of its employees negligently causes injury to a customer, the business is liable for all legal damages that result.
Businesses are highly regulated and typically have detailed safety policies. In almost all premises liability cases, the customer’s injury was a result of the company, or its employees, failing to follow the company’s own safety policy. When a business or an employee violates their own rules and you are harmed as a result, seek the advice of an experienced premises liability attorney to make sure you or a loved one are fully compensated for your injuries.
From our office in Middlesboro, the Bowling Law Office represents injury victims in Kentucky and Tennessee who have been harmed by the negligence of others. Our goal is to help you recover the full amount of recompense that fairly compensates you for your medical expenses, loss of income, pain and suffering, and other physical, emotional and financial harm a property owner’s negligence has inflicted on you.
Premises Liability Law Explained
Premises liability refers to the legal responsibility of property owners or occupiers to maintain safe conditions on their property. If an individual is injured due to unsafe conditions on another’s property, they may have grounds for a premises liability claim. Some common causes of premises liability accidents include:
- Slip and Falls: Wet floors, uneven surfaces, or poorly lit areas can lead to slip-and-fall accidents, which are among the most common premises liability claims.
- Inadequate Security: Property owners must take reasonable steps to ensure their premises are secure. If a lack of security measures leads to an assault, robbery, or another criminal act, the owner may be civilly liable for the damages that result.
- Faulty Stairs or Elevators: Improper maintenance of stairs, escalators, or elevators can result in severe injuries.
- Falling Objects: Loose shelves or improperly stacked merchandise in stores or warehouses can cause serious injuries when items fall on unsuspecting customers.
- Swimming Pool Accidents: Pool owners must ensure their pools are properly maintained and secured to prevent accidents or drownings, especially for young children.
To succeed in a premises liability case, the injured party must prove that the property owner was negligent. This involves demonstrating several factors by the weight of the evidence. One must prove that a dangerous condition existed, such as some unsafe condition on the property that posed a risk of harm. The victim must also demonstrate that the property owner either knew about the dangerous condition or should have known about it through regular inspections and maintenance. As the injury victim, the burden also falls on you to prove that the owner did not take reasonable steps to fix the problem or warn visitors of the danger, and that the hazard directly led to your accident and injuries.
Compensation for Premises Liability Victims
Premises liability injuries can lead to significant medical expenses, lost wages, and long-term rehabilitation. At Bowling Law Office, we work diligently to ensure our clients receive full compensation for the full range of damages, including:
- Medical bills, including future care costs
- Lost income and diminished earning capacity for the future
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Each case is unique, and the amount of compensation depends on factors like the severity of the injury, the impact on your daily life, and the degree of negligence on the part of the property owner. Kentucky follows the doctrine of pure comparative negligence, meaning that even if you are partially at fault for the accident, you may still recover damages. However, your compensation could be reduced in proportion to your level of fault. For example, if you are found 20% responsible for your accident, your compensation would be reduced by 20%. A similar rule applies in Tennessee, except that accident victims who are found to be more than 50% at fault cannot recover any compensation from the other negligent party. In either state, having strong legal representation is key to making sure you are not held to blame for an accident that wasn’t your fault.
Why Choose Bowling Law Office for Your Premises Liability Claim?
At Bowling Law Office, our team is experienced and successful in handling premises liability claims in both Kentucky and Tennessee. Attorney Blake Bowling is adept at gathering the necessary evidence, such as security footage, maintenance records, and witness testimony, to build a strong case on your behalf. He is equally skilled at presenting a compelling case proving the property owner’s liability, whether negotiating with the insurance company or taking the case to court. We have a proven record of securing favorable settlements and verdicts for our clients, and we are committed to fighting for the maximum compensation you deserve.
If you’ve been injured due to a property owner’s negligence, don’t wait to take action. Kentucky and Tennessee have strict deadlines, known as statutes of limitations, for filing premises liability claims. In Kentucky, you generally have one year from the date of the accident to file your claim. Tennessee allows a one-year statute of limitations as well. Missing this deadline could prevent you from recovering compensation for your injuries.
Contact Bowling Law Office for a Free Consultation
If you or a loved one has been injured in a premises liability accident in Kentucky or Tennessee, contact the Bowling Law Office today. Our experienced Middlesboro personal injury lawyer is ready to review your case, explain your legal options, and fight for the compensation you need to recover. Call us today at 606-248-8383 to schedule your free consultation and take the first step toward securing the justice you deserve.