Lexington Premises Liability Lawyer
Every day, the average person visits many properties that are not their own. From the grocery store to a retail store, a public park to a friend’s house, one’s place of employment to the gym, spending time on others’ properties is common. Unfortunately, while these properties should be maintained in a safe condition, hazards sometimes exist that increase the risk of an accident. If you’ve been injured on someone else’s property, you may have a claim. Call our Lexington premises liability lawyers at the office of The Stanley Law Group to learn more.
Types of Premises Liability Accidents
There are numerous types of accidents that can happen on another’s property. Some of the most common include:
- Slips, trips, and falls;
- Swimming pool and water-related accidents;
- Retail store accidents;
- Workplace accidents;
- Assault, sexual assault, rape, burglary, and other criminal incidents;
- Amusement park accidents; and
- Dog bites.
If you’ve been harmed on someone’s property in an accident type that isn’t listed above, you may still have a claim. Call our lawyers for a free consultation.
The Basics of a Premises Liability Claim
If you’re harmed on someone else’s property, you may maintain the right to file a claim directly against the property owner for damages. In order for your suit to be successful, though, you’ll have to prove that:
- The property owner owed you a duty of care;
- The property owner breached the duty of care owed to you; and
- The breach of the duty of care was the proximate cause of your injuries.
What is a property owner’s duty of care? A property owner has a duty to maintain their premises in a reasonably safe condition for all those who enter the property lawfully, and to repair known hazards in a reasonable amount of time. Therefore, if you’re injured, proving that the property owner breached the duty of care owed to you will require proving that:
- A hazard/dangerous condition existed on the property;
- The property owner knew or should have known of the condition; and
- The property owner failed to remedy the condition in a reasonable amount of time.
A Note on Trespassers and Children in Lexington Premises Liability Claims
As stated above, a property owner’s duty of care only extends to those who are on a property lawfully; a property owner owes no duty to a trespasser except to refrain from causing willful or wanton harm to the trespasser. However, if the trespasser is a child, the rules are slightly different. Because of children’s naivete and inability to make rational decisions about potential hazards, the attractive nuisance doctrine holds that a property owner can be held liable for injuries to a child trespasser if the child was attracted to the property by an “attractive nuisance” – something that an average child would find enticing, such as a pool or trampoline.
Call Our Lexington Premises Liability Lawyers Today
Our Lexington premises liability lawyers will advocate for your right to compensation for your economic and noneconomic losses if you’ve been harmed on another’s property. Call us today for a free consultation and more information about your rights and options.
