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      Premises Liability

       

      Whether you are going to work, shopping at a grocery store, visiting a friend for dinner, or even walking through the hallways of your apartment complex, you likely enter property that belongs to others every single day. If you have been injured in an accident that occurred on someone else’s property, you may be eligible to start a claim against the owner of that property.

       

       

      Common Types of Injuries

       

      Some of the most common types of injuries are a result of:

      • Slip and falls
      • Improper maintenance of the premises
      • Hazardous conditions on the premises
      • Inadequate security resulting in assault
      • Swimming pool accidents
      • Fires
      • Dog bites
      • Elevator/escalator accidents
      • Flooding/wet floors
      • Toxic fumes

       

       

      What if I Was Partially at Fault?

       

      In Kentucky, you can recover a percentage of damages equal to the other party’s negligence, even if the other party was largely innocent. For example, if you were 90% at fault in an accident and the other party was only 10% at fault, then you can recover 10% of the damages resulting from your accident.

      Tennessee follows a different approach to awarding damages. In Tennessee, you will only be allowed to recover damages if you are less than half at fault for the damages. As long as you were 49% at fault or less, then you can recover damages. If you were 50% at fault in your accident or more, then you can’t recover any damages at all.

       

       

      What Damages Can I Win in a Premises Liability Case?

       

      Medical Expenses

      If you have been injured on someone else’s property, then you may be able to recover damages for medical expenses such as:

      • Hospital bills
      • Surgery costs
      • Medical supplies, such as walkers and wheelchairs
      • Prescription medication
      • Rehabilitation and therapy costs

       

      Lost Wages

      An injury obtained on someone else’s property can result in a temporary or permanent inability to work. If you are the sole income or breadwinner for your household, then this can be a devastating financial loss. A premises liability lawsuit can compensate you for time that you lost from work, and even for lost earning potential if your injury will prohibit you to work again in the future.

      Non-Economic Damages

      If you have been injured on someone else’s property, then you know that the experience you had to endure isn’t erased once medical bills have been paid. A premises liability lawsuit can compensate you for non-economic damages that can’t necessarily be put into any certain dollar amount, such as:

      • Physical pain and suffering
      • Depression
      • Anxiety
      • Inability to sleep
      • Loss of enjoyment of activities you used to engage in
      • Loss of companionship

       

      Punitive Damages

      In rare circumstances, a property owner’s conduct may be so wrongful that extra damages may be awarded. These damages aren’t necessarily meant to compensate you for your experience, but are instead designed to punish the property owner for his or her actions and deter similar conduct from happening again in the future.

       

      What Must I Prove in My Case?

       

      In order to recover damages in a premises liability case for negligence, you must be able to prove four elements.

      Duty:  You must be able to prove that the property owner had a duty to make sure that you were safe on his or her property.

      Breach:  You will need to be able to show that the property owner did not abide by that duty, and did something wrong.

      Causation:  In addition to proving a duty to keep you safe and a breach of that duty, you will have to prove that your injuries were caused by the property owner’s mistake.

      Damages:  In order to recover damages, you must be able to show that you were hurt by the property owner’s action or inaction.

       

       

      Statutes of Limitations—Your Time to File a Claim is Limited

       

      When you are injured on someone else’s property, a period of time called the statute of limitations begins to run. Time limits on statutes of limitations vary by state, but once that period of time runs out, you will be barred from asserting a claim against the property owner for your injuries. It is absolutely crucial to speak to an attorney as soon as possible after being injured. The attorneys at Hughes & Coleman are here to help—simply call or file a free case evaluation form to discuss your claim as soon as possible.

       

       

      I Can’t Afford a Lawyer. What Now?

       

      If a fear of not being able to pay your lawyer for his or her services has kept you from filing a claim against the owner of the property where you were injured, then wait no longer. The personal injury attorneys at Hughes & Coleman work on a contingency basis, meaning that your attorney only gets paid if you win your case. If your attorney does not secure you any compensation, then you don’t owe him or her a dime. There are no expensive down payments or hourly fees. An initial consultation is free as well, just call or fill out a case evaluation form online. One of the members of the Hughes & Coleman personal injury team will contact you and discuss the specifics of your case with you.

       

       

      Let Us Help You Today

       

      If you have been injured on someone else’s property, your main focus should be recovery. You have enough to deal with right now, don’t try to fight a case by yourself. Personal injury lawsuits can be extremely complicated. There are deadlines to meet, procedural rules that must be followed, and paperwork that has to be filed. Failure to cover everything can result in detrimental effects for your case or even in your case being thrown out altogether. The attorneys at Hughes & Coleman are here to fight your case so that you don’t have to.

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