Proving Premises Liability: Obtaining Compensation

Virtually all land and property are owned by either the government, an individual or a company. This means that whoever is the landowner or property owner is responsible for what happens on that site. If an accident occurs and someone sustains injuries, there's a good chance that the owner of the building or land will be held liable. 

Despite this, most non-lawyers aren't aware that they could take action after suffering injuries on someone else's land. While members of the public might be aware that they can claim compensation from a company - if they're injured in a store, for example - few people realize they could obtain compensation from individuals and organizations too. 

What Type of Accident Occurred?

The nature of the incident will have an impact on whether premises liability can be established. Typical accidents that give rise to these types of claims include:

• Slips, trips and falls

• Fires

• Malfunctioning equipment or amenities

• Exposure to hazardous chemicals or toxic fumes

However, there are many other types of incidents that can give rise to a claim, such as dog bites and even inadequate security. 

What Kind of Injuries Can You Claim For?

Generally, victims can claim compensation for any type of injury. If medical treatment was received following the incident, the victim's medical records can be used to prove exactly what harm they suffered. Furthermore, doctor's reports can be used as evidence if the individual is unable to return to work following the accident. 

When people approach personal injury attorneys in Bowling Green KY, one of the first things they want to know is how much compensation they could obtain. Of course, the severity of a victim's injuries will have an impact on how much compensation is awarded. Life-changing injuries will typically result in a larger amount of compensation than a broken leg or arm, for example. 

However, there are other factors which need to be taken into account before a potential amount of compensation can be discussed. 

Establishing Fault and Liability

Although property owners can be liable for accidents that occur on their land or inside buildings they own, the victim may have contributed to the incident. If so, the law in Kentucky allows the victim to claim compensation which equates to the other party's fault or negligence. 

If the victim was 75% responsible for the accident, for example, they may be able to claim 25% of the total damages from the landowner. This reflects the fault of the victim, while still ensuring that landowners cannot evade premises liability. 

Is It Worth Making a Claim for Premises Liability?

A premises liability claim can result in a large compensation payout, which is why more non-lawyers need to be aware of their rights. If the property owner owed the victim a duty of care, breached that duty and caused them harm, the victim should be able to obtain damages for the harm they suffered. 

Due to this, it can certainly be worth taking legal action if you've been injured on someone else's property. By consulting with personal injury lawyers, victims can learn more about the law, enforce their rights and access the compensation they deserve. 

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