When you enter someone else’s property, you expect that you will be kept safe from harm. However, hazardous conditions can cause serious accidents that lead to painful injuries, unexpected medical bills, and time off from work.
Bringing a claim for compensation may seem daunting, but legal action may be the best way of securing the financial resource you need to recover. A Covington premises liability lawyer can ease the process and work tirelessly on your behalf. At O’Connor, Acciani & Levy, our skilled legal team is experienced in handling property accidents and can help determine what damages you may be entitled to.
Common Property Accidents in Covington
Common accidents that our local premises liability attorneys handle include:
- Slip and falls
- Pool accidents
- Animal bites
- Ceiling collapses
- Elevator accidents
- Building code violations
- Incidents involving negligent security
After suffering injuries on someone else’s property, victims should reach out to nearby legal counsel to investigate the situation and begin building a claim for compensation.
The Duty of Property Owners
There are many types of property that fall under the definition of “premises” outlined in Kentucky Code §383.545. This term can be used for homes, land, rented spaces, businesses, and worksites.
Anyone who owns or operates land that falls within the definition of “premises” owes a duty of care to their visitors. That duty of care involves actively maintaining the property to protect and ensure the safety of visitors.
Invitees, Licensees, and Trespassers
The term “visitors,” however, is also not as straightforward as it might seem. Visitors on another person’s property fall under one of three categories. Invitees are parties invited onto private property to conduct a service. Licensees enter onto private property for social purposes. Trespassers are those who enter onto private property without permission.
Invitees and licensees are entitled to a duty of care under Kentucky state law. Trespassers, however, do not have as much freedom to pursue premises liability suits. These parties can only fight for compensation if the property was excessively dangerous or if they were a child at the time the accident occurred. A seasoned Covington attorney can further explain who may be eligible to bring a premises liability claim given the circumstances.
Proving Liability for a Property Accident
If a person was injured on someone else’s property as an invitee or licensee, they can likely pursue compensation for their losses in court. To fight for compensation in a premises liability case, a plaintiff and their attorney must:
- Prove duty of care on the part of the property owner
- Prove that the property owner breached their duty of care
- Prove that the failure to uphold duty of care was the primary force behind the plaintiff’s injuries
- Provide evidence of injury and damages
A successful property liability claim could recover various types of compensation, such as medical expenses related to the accident and emotional damages.
Premise Liability Statute of Limitations
According to § 413.140(1)(a), an injured person has one year from the date of their accident to pursue legal action. Failure to act within this time period will see the state dismiss the plaintiff’s right to receive compensation, regardless of whether the property owner was at fault. A diligent attorney at our Covington office can help a person file their property accident claim on time and protect their right to pursue restitution.
Let a Covington Premises Liability Attorney Fight for You
If you suffered an injury on another person’s property due to preventable hazards, discuss your case with a Covington personal injury lawyer. The legal team at O’Connor, Acciani & Levy can assess the viability of your claim and advise you on pursuing damages. Contact us today to learn more about how we can help you.
