Property owners have a legal responsibility to keep their spaces reasonably safe for guests, customers, and, in certain specific circumstances, trespassers. Broken stairs, slippery walkways, poor lighting, or neglected maintenance could lead to preventable injuries for which a property owner may be liable.
An Erlanger premises liability lawyer from Busald Funk Zevely P.S.C. can help if you have been harmed due to someone else’s negligence. Our talented personal injury attorneys can determine whether the property owner failed in their legal duty and you are owed financial compensation.
Building Codes, Safety Regulations, and Proving Fault
In Erlanger, a successful property liability lawsuit must prove that the property owner either knew or should have known about a dangerous condition and failed to take reasonable steps to correct it. Kentucky Revised Statutes § 411.190 governs liability in some cases, but local building codes, OSHA standards, and safety ordinances also provide guidance on when property owners may be at fault.
When a proprietor violates municipal codes, such as failing to install handrails or maintain adequate lighting, this generally demonstrates negligence. This legal concept allows courts to presume fault when a safety law is violated and someone is injured as a result. However, not every building code violation automatically leads to liability. A thorough legal analysis is required to connect a violation to your injury.
Time Limits for Filing a Premises Liability Lawsuit
Under KRS § 413.140(1)(a), the statute of limitations, or legal time limit, for most personal injury lawsuits is one year from the date of your injury. Failing to file within one year could result in the dismissal of your lawsuit, regardless of the strength of your evidence. There are limited exceptions, such as cases involving minors or when your injury was not immediately evident. Our Erlanger attorneys will assess whether any of these exceptions apply in your property accident case.
Medical Bills, Lost Wages, and Pain and Suffering
Premises liability lawsuits can result in compensation for a range of losses. Economic damages typically include medical expenses, future treatment costs, lost wages, and any reduced earning capacity. Non-economic damages cover subjective harm such as pain and suffering, emotional distress, and diminished enjoyment of life.
Furthermore, under the pure comparative fault rule (KRS § 411.182), you can demand compensation even if you were partly at fault for your accident, though your recovery will be reduced by your percentage of responsibility. Indeed, insurance adjusters often argue that a person injured in a slip and fall should have watched where they were going. Our experienced lawyers can ensure that your rights are protected even if you were partly at fault for your accident when visiting an Erlanger premises.
What Laws Apply to Injuries on Government-Owned Property?
Property negligence lawsuits involving government entities, such as injuries in Erlanger public parks, municipal buildings, or city sidewalks, are subject to a different set of legal rules. Sovereign immunity shields government agencies from liability, although this legal concept does not provide blanket immunity. The Board of Claims allows you to file a claim against the commonwealth and its subdivisions under KRS Chapter 44.
Unlike private lawsuits, government-related cases require special notifications and have shorter filing deadlines. For example, the Board of Claims generally requires that a written claim be filed within one year of your accident.
Ask an Erlanger Property Liability Attorney for Help
For over four decades, Busald Funk Zevely P.S.C. has been committed to helping clients recover what they are owed after a serious injury. Our team has earned a reputation for diligence, responsiveness, and client-centered service across a range of practice areas, including personal injury, workers’ compensation, and employment disputes.
We are consistently praised for our timely communication and ability to relieve the stress of a complicated legal process. An Erlanger premises liability lawyer from our team will take pride in standing up for you as you seek the justice you need to recover. Contact us today to schedule a case review.