The infamous banana peel comes to mind when we think of slips and falls. However, slips and falls in stores and other buildings are no joke. Property accidents have long-term consequences—including lifelong disabilities and even death.
The Gladstein Law Firm, PLLC, devotes its practice to representing victims of accidents. We represent people in Louisville and other Kentucky areas, including Bowling Green, Lexington, Murray, Owensboro, and Paducah. Contact us today.
What Is Property Negligence?
Under premises liability, a landowner owes you a duty of care. A homeowner, business owner, or corporation can be a landowner. The law requires a landowner to keep their property reasonably safe in anticipation of your arrival. Therefore, if a hazardous condition causes you to suffer an injury in a business or someone’s home, the landowner may have breached their duty of care.
A landowner breaches their duty of care if they fail to “discover unreasonably dangerous conditions on the land and either eliminate or warn of them.” Property maintenance negligence can occur when a dangerous condition causes an accident that results in an injury.
Can You Win an Award for Property Accidents?
In Kentucky, property visitors are divided into three categories: trespassers, licensees, and invitees.
Who Is an Invitee?
An invitee is someone the property owner invites onto their premises for the property owner’s benefit. This most often applies in the context of businesses that invite people into their stores to buy things or attend a business-related event. For instance, if you are shopping in a store, you are an invitee of that store. The law requires such a business to keep their property safe for customers. For example, you may be a victim of property negligence if you suffer an injury from slipping on a store’s wet floor.
Who Is a Licensee?
The law considers you a licensee if you visit a property for non-business purposes. For example, you are a licensee when a friend invites you to their home for dinner.
The law requires a homeowner to keep their property reasonably safe. So if you trip on an area rug that wasn’t secured safely or something of that nature, you might be able to get compensation for your injuries.
What If You Trespassed?
A person trespasses if they come onto a property without any legal right to do so. Generally, a landowner does not owe a duty of care to a trespasser. However, if you trespassed and got injured, you should still contact us. An attorney can evaluate your case and see if you can get compensation for your injuries.
What Is Property Maintenance Negligence?
The existence of an injury does not necessarily mean that a landowner was negligent. You must show that the cause of your injury was a type of negligent maintenance. Negligent maintenance can include the following.
Broken Sidewalks and Driveways
Sidewalk and driveway maintenance is critical. Over time, concrete and asphalt can crack and deteriorate. These cracks create trip hazards.
Broken Staircases or Missing Handrails
An improperly maintained staircase may be lethal. A trip and fall down a staircase can cause life-threatening injuries that result in lifelong disabilities.
Loose Rugs or Carpet
Area rugs are notorious trip hazards. Also, old and worn-out carpets can cause a trip and fall hazard. Often a business owner will try to repair a worn-out carpet with tape, but that may worsen the situation.
Slippery Floors
A freshly waxed floor can cause a slip hazard. Likewise, liquid on the floor from rain or spills can cause a slip hazard.
Dog Bites
Most have heard the saying, “every dog gets one free bite.” Well, that’s not true in Kentucky. In Kentucky, a dog owner is strictly liable if their dog bites someone and causes injury. This means that even if the dog never bit anyone before, you may be able to collect damages from a dog owner even if it is the dog’s first bite.
Snow and Ice
Louisville law requires a landowner to clear snow and ice from sidewalks around their property. If landowners fail to clear ice or snow from their sidewalk, a court may find that they have committed property negligence per se (as a matter of law).
Swimming Pool Negligence
The Kentucky building code requires landowners to install fences or barriers around a pool. The purpose of the barrier is to prevent unwanted visitors. A court may consider pools and other things to be an attractive nuisance. Therefore, if your child was injured in an unsecured pool, the landowner may have committed property negligence.
Cluttered Walkways
Cluttered walkways create fall hazards. A business can create a cluttered walkway with bulky displays or by improperly storing empty boxes.
What Are Common Property Negligence Injuries?
Property accidents can cause several types of injuries, which may include the following.
Soft Tissue Injuries
Soft tissue injuries are not usually visible to the naked eye. Also, it can take days or weeks for you to feel pain from a soft tissue injury. However, a soft tissue injury can cause chronic pain if left untreated.
Some lawyers shy away from soft tissue cases because they are hard to prove. However, we have won awards for clients who suffer from soft tissue injuries.
Head Injuries
A slip and fall on a slick floor can cause a head injury. Any head injury is a medical emergency. Even a minor fall can cause a traumatic brain injury if you hit your head in the wrong spot. Unfortunately, head injuries can cause expensive medical bills.
Cuts, Bruises, Abrasions, and Broken Bones
Property accidents often cause cuts, bruises, abrasions, and broken bones. For example, leg and arm injuries are common in slip and fall cases because people will brace themselves as they fall.
Back, Neck, and Spinal Cord Injuries
Any back, neck, or spine injury can cause thousands of dollars worth of medical bills. These are critical injuries that could require long-term care and a lifelong disability.
Contact a Kentucky Property Maintenance Negligence Attorney
Contact an injury lawyer today if you are the victim of a property accident. Time is critical. For a successful claim, you must document the situation that caused your injuries.
At the Gladstein Law Firm, PLLC, we dedicate our practice to fighting for the rights of the injured. We will battle the insurance companies for you. We have decades of personal injury experience and have won millions for our clients. Give us a call today or contact us through the online form.
