Property owners in the United States are responsible for the upkeep of their property, particularly when it comes to ensuring that conditions on their premises do not pose a threat to the safety or well-being of others. When property owners fail to treat this responsibility with the seriousness it deserves, they run the risk of placing others in danger of suffering serious injuries, such as spinal cord or brain damage.
Premises liability laws are in place to ensure that when someone suffers a serious injury as a result of a property owner’s recklessness or negligence, they don’t have to pay for the consequences on their own. At Louisville attorneys at the Sampson Law Firm, we know how much of a struggle it can be for people in Louisville to recover from such an injury. However, by filing a premises liability claim, many victims of such accidents are able to obtain the compensation they need to cover their treatment expenses and other losses.
Why hire a premises liability lawyer?
In these cases, there are some clear reasons why a premises liability lawyer is important. There are multiple things that you will be asked to prove to support your claim. This includes that the person you are taking legal action against is, in fact, the owner or occupier of the property. Along with this, you must prove that the owner or occupier of the property was negligent, you suffered bodily harm, and that your injury was caused by unsafe conditions on the property. A lawyer can help you with using the evidence that is available most effectively to address all of these points.
Gathering evidence is often crucial to advancing your case, but it can be a tedious process. Having a lawyer by your side will ease you through this important step and let you focus on getting well. As you recover, your attorney can methodically work to build a strong case for yourself. There are also other resources they can use to further support your case. They can interview witnesses and consult experts to make sure that the investigation is considered from all angles. Following the investigation, they will communicate your demands clearly while making sure your rights are always protected. They can speak with the property owner or tenant on your behalf and try to reach a settlement, or file a lawsuit if necessary and express to the jury your right to fair compensation.
Why Choose Sampson Law Firm?
By choosing Sampson Law Firm, you are guaranteed that your needs are always put first and foremost. As our client, we are prepared to do whatever is necessary to ensure your satisfaction. We are aware of the challenges that come with an injury (medical bills, potential loss of work, physical/emotional trauma) and we are determined to help limit these challenges by giving our clients the best representation possible. If the situation calls for filing a lawsuit, we will do so and relentlessly pursue fair compensation for our clients.
Our attorneys have an outstanding track record of successful verdicts and settlements on behalf of our clients, with attorney Jeffrey T. Sampson consistently being rated as one of the best attorneys in Kentucky by the Kentucky Trial Court Review. In addition, with more than 20 years of experience in handling personal injury cases, there are few firms who can match our level of expertise in this area. With Sampson Law Firm, will provide not only capable representation, but comfort in knowing that your needs are our first priority.
Common Types of Premises Liability Cases
Unfortunately, there are many ways in which a property owner or manager can expose visitors and tenants to serious harm, resulting in the following accidents and injuries:
- Slip and Fall
- Elevator / Escalator Injuries
- Porch Collapse
- Stair Collapse
- Lead Paint Exposure
- Mercury Poisoning
- Pesticide Exposure
- Swimming Pool Injuries
When a person suffers harm or develops an illness in these and other circumstances, it is often considered to be the property owner’s fault, making them responsible for the repercussions a victim must endure.
Frequently Asked Questions about Premises Liability Cases
The premises liability attorneys of Sampson Law Firm have provided the following general questions and their answers to help you understand these types of cases. If you have been hurt, please don’t hesitate to reach out to us at (502) 584-5050 today.
What are the differences between an invitee, a licensee, and a trespasser?
These terms are used when referring to a plaintiff’s status in a premises liability case, related to the circumstances by which they entered the property of the defendant. An invitee is offered the most protection in these cases, as they were expressly invited by the defendant to their property. A licensee is generally offered less protection and is someone who is implied to have access to the property of the defendant, as in the case of friends or family. A trespasser is someone who is not permitted to enter the property but does so anyway and is offered the least protection.
Should I file a claim against the owner or the occupier of the property?
This question depends on the type of property where the incident occurred. For example, if you were injured at a commercial property, the first step would be to notify the business about the accident and how you were injured. They can help determine who is liable based on where the accident occurred and by consulting the liability policies listed in the property lease.
In this case, the business’s insurance claim could handle the claim itself or pass it to the insurance company of the building’s owner if it is deemed that they are liable. If the incident occurred on a private residence, the question of who is responsible is fairly straightforward. If the incident occurred on the premises of a rented apartment, you simply need to keep in mind who is responsible for which area. The landlord is responsible for everything outside the apartment, and for the things inside the apartment that come with it and can’t be moved. The tenant is responsible for everything in the apartment that can be moved. In the case of a private home, the owner is always responsible.
What if the owner claims that the accident was more my fault than theirs?
If the defendant claims that the accident is due more to the plaintiff’s negligence rather than their own, they have to prove that your negligence was more of a contributing factor than theirs; this is a legal concept known as comparative negligence. If this claim is made, you won’t have to prove that you were not negligent. Instead, everything falls on the defendant’s shoulders to try to prove the plaintiff’s comparative negligence.
If the jury decides that this claim is valid, the plaintiff’s verdict may be affected depending on their level of fault in the accident. In the “modified” comparative negligence rule, for example, if it is found that the plaintiff is more at fault than the defendant, they will not be entitled to any compensation. To provide an example, if the plaintiff is awarded $10,000 in damages, but is judged to be 40% liable, the verdict would be reduced accordingly and the plaintiff would end up receiving $6,000.
Get in Touch with a Louisville Premises Liability Attorney
If you have been injured because of dangerous property conditions, you may be entitled to pursue compensation for the pain and suffering you’ve been through. Our legal team at the Sampson Law Firm understands how difficult handling such a situation can be and, as such, do our utmost to help victims fight for the justice and compensation they need. Call us today at (502) 584-5050 to discuss your case and possible legal options with a compassionate attorney.