DANGEROUS PROPERTY INJURY ATTORNEYS IN KENTUCKY AND TENNESSEE
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Here at Hughes & Coleman, our injury lawyers are specially trained in litigation with injuries that occur due to the negligence of property and business owners for having hazardous or unsafe conditions on their properties in Kentucky and Tennessee.
If you’ve been injured on someone else’s property due to an inadequate safety measures or hazards on someone’s property, call us immediately at 800-800-4600.
We can help you make sure the responsible parties compensate you for your injuries.
TABLE OF CONTENTS
How dangerous property is defined under the law
Under the common law followed in most states, a dangerous condition on a property is “a defect creating a substantial risk of injury when a property is used in a reasonably foreseeable manner.” These dangerous conditions are typically related to the property or the type of business performed on that property. Some of these dangerous conditions on a property can include sunken or faulty flooring that could create gaps or raised parts in the floor that could cause someone to trip and fall. Other possible hazards could be poor maintenance or construction of a property that could lead to a railing being loose or a step that could be missed due to poor design or a failure to provide adequate lighting. Dangerous conditions on properties can occur at a store, apartment, or even on public streets and sidewalks. The type of location where the dangerous condition is located and who the property owner is, whether it be a private person or the government, carries its own requirements on what duty the owner must have to ensure the property is safe for you and other visitors or invitees.
How dangerous conditions can lead to serious injuries
Sometimes, even a poorly designed staircase can lead to a big fall, or a leaking faucet that wasn’t fixed due to negligent maintenance can create a dangerous condition, leading to catastrophic injury. Most dangerous conditions on a property are caused by the failure of the property owner to properly inspect their property for such hazards, or their failure to repair hazardous conditions in a reasonable amount of time before someone is injured. These failures of property owners lead to slip and fall injuries every day, and the owner will do everything they can to ensure your personal injury claim isn’t compensated.
Toxic Fumes and Chemicals
Premises liability claims aren’t limited to the physical structures of a building, but can also be related to toxic fumes and chemicals. Restaurants, auto shops, manufacturing centers, and many other areas have a risk of exposure to toxic chemicals ranging from carbon monoxide, chlorine, ammonia, and many other harmful toxins. Exposure to toxic chemicals can occur simply by having poor air circulation or ventilation, or it can be a more severe issue of a leaking pipe.
Exposure to toxic chemicals, while not always causing visible physical injuries, can still lead to substantial medical expenses and internal injuries that can cause long-term effects and damages. If you’ve been a victim of exposure to toxic fumes or chemicals and suffered medical injuries, you could be entitled to compensation.
Stairwell Railing
Most county building and city codes require railings for staircases and stairwells. If you had a fall due to there being a lack of railing to hold onto, you likely have a premises liability claim, and you should contact a law firm as soon as possible.
Merely having a railing does not absolve the property owner from accidents that occur on stairwells. Negligence exists often when an accident occurs due to failing to maintain the stairwell railing. A wobbly or broken railing can be just as dangerous as having no railing and is just as likely to lead to a serious accident.
If you were hurt due to falling up or down stairs at a business or residential complex, call our legal team today to request a free legal consultation and discuss with an experienced premises liability lawyer about your lost wages, medical bills, and pain and suffering.
Missing or Weak Stairs
Apartment complexes, businesses with stairs, and even residential properties each have duties to ensure the staircases on the property are properly maintained. Premises liability cases often arise because property owners let their staircases fall into disarray, causing steps to fall apart or become brittle. If you suffered injuries due to improperly maintained stairs, you should contact a premises liability lawyer to obtain a free consultation.
Road and sidewalk hazards (potholes)
Business owners and even city governments have a responsibility to maintain their parking areas and sidewalks so there are no hazards. A common example of these hazards are potholes and sinkholes that can occur over time through vehicles driving over the asphalt, or even through natural occurrences of the ground sinking below the concrete. These can lead to injuries, and, if the property owner knew of the defect on their property and failed to repair the premises in a reasonable time, they could be responsible for your damages.
Water Leaks or flooding
You don’t have to be swimming in water to have an accident from flooding issues on a property. Grocery stores, restaurants, and any building with running water or using refrigeration can be subject to leaking pipes and is at risk of flooding out their premises. Failing to stop the leak in time and properly warn visitors on the premises can lead to substantial legal claims from victims who fall on someone else’s property.
Door malfunctions
Today, almost everything is automated, including doors. Malfunctioning sliding or closing doors can cause injuries and are often caused due to the business failing to properly maintain and service their doors regularly, causing them to randomly close on people. Malfunctioning door closers have caused injuries ranging from torn ligaments and broken bones to even death if proper safety devices aren’t installed to keep the door from continuing to open or close. Property owners tend to cut corners if they can save money, and having appropriate safety devices installed in their doors is often one area that businesses are willing to take the risk on.
Swimming Pools
A common premises liability claim that often goes overlooked is one that occurs in or around the swimming pool. Swimming pool accidents lead to serious injuries and cause significant damages that can often be prevented if the owners use proper signage and warnings or make sure only intended people have access to the pool area.
If a business or individual has a pool on the premises and fails to take adequate measures to prevent improper use of the pool area, legal claims can arise. Courts have consistently ruled that pools are “attractive nuisances,” which means that specific actions such as erecting an adequate fence must be done to keep out people who aren’t supposed to be using the pool.
Around the pool area can be just as dangerous as slip and fall accidents caused by splashing water can lead to premises liability claims just as often if steps aren’t taken to ensure the area around the pool is slip resistant and safe to walk around.
Parking Lot Lighting
Failing to properly illuminate a parking lot to keep visitors safe is negligence. Having properly lit parking lots is just as important to the security of the business as anything else. If a visitor to the business falls in the parking lot due to their failure to see a curb or pothole because it was too dark to see, a legal claim may exist.
Damaged Carpet
Most business owners place floor mats at their entryways to absorb any water that is tracked in on rainy days. These mats can be bunched-up due to foot traffic crossing over it, which can cause trips and falls, leading to the owner being liable for the injuries caused if they don’t correct the issue in a reasonable amount of time. Another example of dangerous flooring conditions is peeled up and separated carpeting in office buildings. Most carpets placed in offices are done so in sections, and are often lightly glued down, leading the carpet sections to separate and peel up over time. These issues if left unattended can lead to accidents and falls. If you’ve been hurt due to being tripped up by damaged carpeting or improperly laid floormats, call the Hughes & Coleman Law Firm today for a free premises liability case evaluation.
Defects in structure
A premises liability case can arise due to there being a defective design or improper construction that violates codes and ordinances. If you suffer a personal injury because a ramp was constructed at an improper height or slope, a claim may exist, and you could be entitled to compensation.
Should property owners be liable for dangerous property conditions?
Yes. Whether it’s a slip and fall, being hit by falling debris, or any other kind of accident that wasn’t your fault, property owners should be held accountable for their negligence. You don’t have the ability to make everywhere you go safe because you don’t own or manage everywhere you live your life. Because of that, you have to trust that when you’re invited over to someone’s house or when you visit a store, that the owner of the property followed the construction codes and laws and inspected for any other risks of harm.
Property owners have a duty to inspect and reasonably make safe their properties for visitors, and it shouldn’t be on you to cover your medical bills and lost wages when the owner of the property you were injured on was negligent.
How does a dangerous property attorney prove fault?
To win a premises liability case, an attorney must prove the Defendant had a duty to correct the issue that cause you injury, prove the Defendant was negligent by breaching that duty, and that breach caused the victim or victims’ damages. Our attorneys are trained to handle premises liability claims of all types and will investigate your claim by obtaining security footage if it exists, request building permits to check for code violations at the city, county, and state level, and fight to obtain you the highest compensation possible.
What damages can be claimed after a dangerous property injury?
When a person suffers an injury that leads to a personal injury claim, you have the right to seek compensation for the medical expenses incurred from that injury, any lost wages you may have while you recover, pain and suffering for emotional and other traumas caused by this incident, and, in some extreme cases, punitive damages.
How long do I have to file a dangerous property lawsuit?
In both Tennessee and Kentucky, most personal injury claims resulting from a dangerous property only have one year to resolve the claim before suit must be filed. If you fail to file suit before that one-year mark, your claim could be permanently barred from recovering any damages. That is why it is very important that if you were injured on someone else’s property, you need to call an attorney as soon as possible.
How an attorney can help with your dangerous property lawsuit
Our personal injury lawyers have years of experience in dealing with the legal codes and requirements property owners have a duty to abide by. You have been injured and are dealing with enough without having to do research into building codes, case law, and negotiating with insurance companies. While you focus on recovering, our office will make the phone calls, do the research, handle the legal filings, and fight for your right to be compensated.
Why choose Hughes & Coleman Injury Lawyers
Hughes & Coleman has an office in nearly every major city in Kentucky and Tennessee with teams of attorneys and support staff to help our injured clients get the medical treatment their need and fight the insurance companies who will do everything they can to not pay you for your damages. Our teams know the law and can provide you security and peace of mind in knowing your case is being handled with the highest of quality. If you don’t have time or the ability to come into our office, we are happy to discuss your case over the phone or send someone to you. Our consultation is free, and our clients can contact us 24/7.
Call us today to discuss your dangerous property claim
Come into an office today in Tennessee or Kentucky, or call us at 800-800-4600 to discuss your injury and becoming one of our clients so we can put control back into your hands. Our services are free unless we get you compensation.