Understanding Premises Liability

As in other types of personal injury cases, a slip-and-fall injury claim requires a showing of negligence. To prove that a property owner's negligence caused your fall, we build a case that establishes actual or constructive knowledge of a property hazard. Simply put, the evidence must demonstrate how the accident could have been avoided but for the other party's failure to remedy the property hazard within a reasonable time.

Proving Constructive Knowledge

Our legal experience, encompassing nearly 40 years, is a particular benefit in premises liability lawsuits because of the wild card of constructive knowledge. Specifically, Kentucky law affords property owners an opportunity to discover the hazard on their property. In this context, reasonableness depends upon the circumstances.

Establishing The Standard Of Reasonableness

For example, jurors would likely find it unreasonable for a shop owner to willingly ignore a puddle of spilled water for more than a few minutes. Even if an owner were unaware of the danger on his or her property, a jury may conclude that the owner should have inspected the premises at regular intervals, particularly in a commercial store context.

Honestly Evaluating Your Claim

We take our job as your legal advocate to heart. At your free initial consultation, we will honestly evaluate whether you have a cognizable premises liability claim. Even after we accept your case, we will continue to tell you the bottom line. It sometimes takes preparing for trial to motivate the other side to make a settlement offer. We will prepare our strongest case for you, but we are not committed to any single course of action. If a settlement is in your best interest, you can count on us to tell you.

Contact A Skilled Premises Liability Attorney

To learn more about our premises liability practice, contact our Middlesboro office at 606-302-2760. You may also complete our online contact form.