There are many different types of premises liability cases in Louisville. There is the standard slip and fall or trip and fall, the fall through the water meter cover, a falling elevator in a business, a split condition in a business that causes a fall, a slip and fall at the mall where there is slimy substance on the premises, and many other matters that become cases. The most common types of premises liability cases in Louisville are slip and fall, trip and falls, and dog bite cases.
In order to effectively determine the causes of many of these common Louisville premises liability cases, it is important that an individual contact an experienced attorney immediately. A lawyer will be able to prepare a case to help produce a favorable outcome on behalf of their client.
Severity of Cases
A case could qualify as more severe the higher the level of injuries and neglect there was on the part of the home owner or property owner. If premises liability case caused a wrongful death or broken bone, the case and damages will be more severe.
From the liability perspective, if it is a situation that was a clear negligence, that they knew about and did nothing about it for a long period of time, and has been told repeatedly that is going to be more severe. It may even get to the level of punitive damages, depending on how long the situation had been there.
Some common slip, trip, and fall cases include:
- a slip and fall as a result of something on the floor in a restaurant, hotel, or business
- tripping while walking along an uneven sidewalk
- walking near a hole that is obscured by grass or something else and the victim’s leg goes through
- dog bites
A lot of determining liability in a common slip and fall case depends on whether or not it is a business owner or a private property as well as whether or not the injured individual is a trespasser, invitee, or a business invitee.
Finally, liability goes to whether or not the responsible party was, in fact, negligent. In order to be held liable, the responsible party needed to
- know about or should have known about the dangerous property
- failed to inspect the premises
- could have made a difference
- be at fault in causing the individual’s injuries.
Premises Liability vs. Personal Injury Cases
In Kentucky, premises liability cases are much harder to win, because there are so many factors that come into play. For example, with a slip and fall people usually try to blame the person that fell by asking whether or not the individual was paying proper attention. There are issues of apportionment at fault as well, which makes them harder to win.
When it snows, rains, or naturally occurring circumstances happens, it changes how the law is applied. When the premises liability case is surrounding a dog bite, it is questioned whether a person noticed the dog or was familiar with the dog. This is different from a car accident injury case, which is a question of who is at fault, how the accident happened, and what damages a person incurred. So, premises liability is a lot more complex than a standard auto accident case.