A Detailed Look at the Concept of Negligence in Premises Liability Claims

Premises liability is a legal concept that holds property owners responsible for injuries that occur on the property because of unsafe conditions. Any premises liability claim is based on negligence.

In Louisville, just like the rest of Kentucky, proving negligence is essential for victims to recover damages. Louisville premises liability attorneys can help you build your case to get fair compensation. Read on to understand how negligence applies to these cases. 

What is Negligence in Premises Liability?

Negligence happens when a property owner does not exercise reasonable care in maintaining their premises, which leads to an injury. As mentioned, property owners have a legal duty to keep their premises safe for visitors. The level of responsibility varies based on the status of the visitor, which is as follows:

Invitees

Invitees are owed the highest duty of care. This category includes customers, tenants, or anyone who enters a premises with an intention to do business. Property owners must inspect the property, fix hazards, and warn invitees of any dangers. 

Licensees

These are social guests, such as friends visiting a home. Licensees are owed a moderate but immediate duty of care. While property owners must still provide a safe environment, they are not required to inspect hidden dangers or fix hazards right away. 

Trespassers

Property owners don’t owe any duty of care to trespassers. However, they cannot inflict any intentional harm. The rule is exempted for children in cases involving “attractive nuisance,” since kids cannot perceive or understand danger. 

Key Elements in a Negligence Premises Liability Claim

For your premises liability claim to succeed in Louisville, the injured party must prove the following four elements:

Duty of Care

The property owner must have a legal duty of care to keep the premises safe. As discussed, the duty of care varies depending on the status of the visitor but involves keeping the property safe and fixing hazards. 

Breach of Duty

Victims must prove the owner failed to uphold this duty of care. This can be by ignoring known hazards or not giving enough warnings. For instance, not fixing the staircase railing in an apartment complex. 

Causation

There should be a link between the unsafe conditions and the injuries. Proving causation can be difficult since there are several factors involved. An attorney can help you navigate how to establish causation. 

Damages

Lastly, the victims should have suffered actual damages due to the property owner’s negligence. This can be physical injuries, medical expenses, lost wages, or pain and suffering. 

Common Defenses Property Owners May Use in Premises Liability Claims

Kentucky is a pure comparative negligence state. Property owners may argue that the victim was partially at fault for doing things like wearing the wrong shoes. This reduces their compensation based on their fault percentage. 

Owners can also claim a lack of knowledge or that they were unaware of certain hazards. This means they didn’t have enough time to fix the issues. 

Property owners may also argue the assumption of risk. For instance, a person knowingly entered a dangerous situation like a construction site, thus accepting the risks. 

Conclusion 

Negligence is the pillar of any premise liability claim in Louisville. Proving negligence requires demonstrating the owner breached their duty of care. A premises liability lawyer can guide you through the process and explore all your legal options.