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

In case you are wondering how to file and why you should file a premises liability negligence claim, I am here to explain it to you.

For starters, premises liability is a legal concept. As per this type of negligence claim, you can hold property owners responsible for the injuries that occur on their property.

In most cases, these are a result of the unsafe conditions. For instance, let us take the example of Louisville.

Here, just like the rest of Kentucky, it is very important for the victims to prove negligence if they want to recover damages.

In a case like that, Louisville premises liability attorneys can help you build your case to get fair compensation. But what is this liability claim to be exact?

Hi. In today’s blog, this is exactly what I will be talking about. So, keep on reading this blog till the end, and thank me later…

What is Premises Liability?

There must have been times when you got injured in someone else’s property because of the unsafe conditions there. The responsibility of the property owner towards your damages is what we call premises liability.

We all know that negligence is the broader concept wherein the law tries to punish or identify the people who failed to take accountability and reasonable care even when they were liable to.

When it comes to premises liability, this is exactly what happens. So, let’s say that you have visited a property and had an accident in the staircase because of the unsafe condition there.

In that case, you can hold the property owner responsible and file for a premises liability negligence claim.

Examples of hazardous conditions for which you can file a premises liability negligence claim are uneven pavements, falling objects, insufficient lighting, ice walks, wet floors, and more.

Premises Liability Negligence: 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

When it comes to duty of care, the invitees are a priority. 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. Exemptions to this rule applies to children in cases involving “attractive nuisance,” since kids cannot perceive or understand danger. 

Key Elements in a Premises Liability Negligence 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 obvious and common 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 it involves several factors. 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. 

Premises Liability Negligence Claim in the Landlord-Tenant Relationship

Just like in the case of any kind of premises liability negligence claim, the landlord is also responsible for the harm caused in his or her property to the tenant.

In other words, the tenant has the legal right to file a premises liability negligence claim against their landlord if they suffer an injury in the rented property.

“But the tenants are the ones living there!”

Yes, they are. However, we all know that the tenants, in almost all cases, do not have the freedom to make changes or have any construction (demolish and/or repair) in the property.

Considering the property is under the name of the landlord, they are the ones responsible for the maintenance of the same. Therefore, the tenant can hold their landlords responsible for injuries caused by any form of negligence when it comes to anything in the premises.

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. 

Wrapping It Up!

Negligence is the pillar of any premise liability claim in Louisville. Hence, if you are facing issues with filing your premises liability negligence claim, it is best that you choose the right lawyer for your case.

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.

I hope that this blog on premises liability negligence claim has been of help to you. If there are any queries that you might have related to the same, please feel free to let me know.

All that you need to do is scroll down till you reach the bottom of the page. Then leave your comments in the box below. And I will be there to answer them all for you.

Read Also:

• What Are The 5 Most Common Personal Injuries?
• The Importance of Witnesses in Personal Injury Claims
• Factors That Affect The Value Of A Personal Injury Settlement