The category of premises liability litigation is one of the broadest areas of personal injury law. At its most basic, premises liability claims involve situations when a visitor or tenant who is on a piece of property that is owned by another person or entity has an accident or is injured. If the injured party can prove that the harm that they suffered was caused by negligence on the part of the property owner, the owner can often be held to be liable for their acts or omissions that brought about the victim’s harm.
Common types of premises liability cases.
When a person has suffered this sort of injury and they believe it may have resulted from negligence on the part of another person, they may be able to file a lawsuit in order to compensate them for their medical bills, lost earnings or earning capacity (the value of any hindrance to their ability to make a living), permanent physical disabilities that they have suffered, disfigurements, pain, and emotional distress caused by the accident.
Injuries on a premises that can lead to a premises liability claim include things such as:
- Slip and fall accidents.
- Attacks by dogs or other animals.
- Exposure to hazardous or toxic substances like lead, mold, asbestos, or unsanitary conditions that can result in health issues.
- Improperly maintained structures.
Duties owed by landlords.
Typically a landlord has a duty to use reasonable care under the circumstances in their interactions with others. Kentucky statutes have a general premises liability law, and also a variety of additional statutes and regulations that set forth additional protections as well as certain exceptions. The rules governing premises liability claims are often quite complicated, and having an experienced attorney assist you with reviewing your situation to determine if your case falls within the general premises liability statute or is covered by one of the various exceptions in Illinois law.
Plaintiffs in a premises liability case must prove that the owners of the property did one or more of the following:
- Failed to maintain the property properly or created unsafe conditions that led to the injury.
- Knew about an unsafe condition but did not inform visitors of the hazard.
- Was not exercise the appropriate care in managing unsafe conditions that had the potential to attract children.
- Acted, or failed to act, in ways that caused damage to neighboring properties.
Degrees of Liability
At David Bryant Law, our attorneys have successfully handled numerous premises liability cases and recovered millions of dollars in verdicts and settlements for our clients.