From slip and fall accidents to pool injuries, injuries on another person’s property are bound to occur. Regardless of whether the other party is an individual homeowner or a private company, you may be able to bring forth a claim for damages to recover compensation for your injuries. Here’s what you need to know–
When Another Party Is Liable for Your Injuries
A property owner may be liable for an injury that you occurred on their property when:
- The property owner owed you a duty of care (you were on their property legally);
- A dangerous condition existed on the property;
- The property owner knew of the dangerous condition but failed to take action to remedy it; and
- The dangerous condition was the proximate cause of your injury.
For example, if a friend invites you to their house and you slip and fall in their driveway because ice and snow has not been removed, despite the fact that the storm happened a week ago, your friend may be responsible for paying for your medical expenses. Or, if you slip on a spill in a restaurant, the restaurant may be liable for any harm you incur if they knew of the presence of the spill, yet didn’t clean it up.
Is There Insurance in Place to Pay for Your Injuries?
You can almost guarantee that any business will have some form of property insurance that pays for injuries incurred to others upon the property. But if you are injured at an individual’s place of residence, you will first need to determine if they have homeowners’ insurance. If they do, and if they are willing to provide you with the homeowners’ insurance provider’s information, then you can bring a claim for your injuries to the insurer. If the homeowner refuses to provide you with the insurer’s information, filing a personal injury lawsuit directly against the homeowner may be the only way to recover compensation.
Working with an Experienced Premises Liability Attorney
Not all injuries that occur on the property of another party are caused by the negligence of the property owner. Sometimes, the plaintiff is the one to blame for their injuries. For example, getting harmed as a result of trespassing, doing something negligent themselves (like jumping into a pool while intoxicated), or just as a result of pure clumsiness. When property owner fault is to blame, an injured party has the right to seek compensation by holding the property owner liable.
Most claims can be settled with a property owner’s homeowners’ insurance company through negotiation. That being said, our experienced Kentucky premises liability attorneys at the Harville Law Office, PLLC are prepared to litigate on your behalf if necessary.
If you are injured on someone else’s property, you have legal rights. To learn more, please contact our law firm today for a free consultation.