If you are at a restaurant, shopping mall, or even a friend’s house, there is a certain expectation that you will be relatively safe. If you’re walking while texting and walk straight into a pole, bruising your face, that is really no one’s fault but your own. However, if a cleaning service just mopped the floors in a grocery store and you end up slipping and hurting yourself because there was no warning about the slick tiles, the liability could fall on the property owner in what is known as premise liability. How long after an injury you can file a premises liability claim will depend on which state the accident took place. For more information and to acquire the services of a skilled attorney, reach out to a Pike County, KY premises liability lawyer.
What is Premise Liability?
Premise liability refers to the reasonable expectation of a property owner to provide its patrons with a safe environment. They have a duty to monitor their property on a regular basis to identify and rectify hazards. According to Kentucky state law, to win a premises liability lawsuit you must be able to prove that the defendant is the property owner, that they breached their duty of care, and that you were harmed due to their negligence. Some examples of accidents and injuries that can fall under premise liability law include the following, given that they occurred on someone else’s property and as a result of their negligence.
- Dog bites
- Slip and falls
- Shocks or burns
- Faulty product
- Cuts, lacerations, and bruises
- Broken bones
- Fractures
- Brain injury
- Spinal injury
- Nerve damage
- Chronic pain
Who is Subject to Premise Liability Law?
Any property owner or person who controls the property at the time of the accident is subject to premise liability law. For example, if you are at your friend’s house they are subject to premise liability whether they own or rent the home. You can seek compensation from a homeowner, landlord, tenant, business owner, homeowners association, management company, or employee.
When Can I File a Premise Liability Claim?
For most accidents and crimes there is a statute of limitations. What this means is there is a time limit, unique to the type of accident, that dictates how long after an accident you are able to pursue legal action and compensation. If the statute of limitations runs out and you have not filed a claim or lawsuit, you are no longer able to. Statutes will vary from state to state.
Generally, in Kentucky, the statute of limitations for a premise liability claim is one year from the date of the accident. It is important to acquire the services of an attorney when you are dealing with any injury claim or lawsuit. Because of their familiarity with the law, your lawyer will be able to ensure all proper procedures are followed and deadlines, including the statute of limitations, are met.
