Property owners have a legal duty to keep their premises reasonably safe. When they ignore a known hazard and someone is hurt, the injured person may be entitled to compensation. If you were injured on someone else’s property in Lexington or anywhere in Fayette County, the Lexington premises liability attorneys at Portner & Shure can help. We have handled premises liability claims across Kentucky for more than 30 years.
What Is a Premises Liability Claim?
Premises liability covers injuries caused by a dangerous condition on someone else’s property, from a slip and fall to negligent security. A claim generally succeeds when a property owner knew, or through reasonable inspection should have known, about a hazard and failed to fix it or warn visitors about it.
A Property Owner’s Duty in Kentucky
Kentucky law focuses on reasonable care. In Shelton v. Kentucky Easter Seals Society (2013), the Kentucky Supreme Court made clear that a hazard being “open and obvious” does not automatically excuse a property owner; instead, a jury weighs whether the owner acted reasonably and whether the danger was foreseeable. That means even a visible hazard can support a claim when the owner should have done more to prevent harm.
Common Premises Liability Accidents Around Lexington
Lexington’s shopping centers, campuses, and event spaces draw heavy foot traffic where unsafe conditions can cause serious falls. The premises cases we see in the Lexington area often involve:
- Slip-and-fall and trip-and-fall injuries from wet floors, ice, or uneven walkways
- Negligent security, including poor lighting and inadequate surveillance
- Falling merchandise or objects in stores and warehouses
- Swimming pool and stairway injuries
- Injuries from unrestrained or dangerous animals
Injuries and Damages
Falls and other premises accidents can cause broken bones, concussions and brain injuries, back and neck injuries, and spinal cord damage that require long recoveries. Depending on the facts, you may be able to pursue compensation for medical expenses, future medical care, lost wages and reduced earning capacity, and pain and suffering.
Kentucky’s Comparative Fault Rule
Kentucky follows a pure comparative fault rule. If you are found partly at fault, your recovery is reduced by your percentage of fault rather than barred entirely. That is very different from some neighboring states, and it means you may still recover even if the owner shifts some blame onto you. Insurers know this, so they often argue the injured visitor was careless.
How Long Do I Have to File? Kentucky’s Statute of Limitations
In Kentucky, the statute of limitations for most premises liability injury claims is just one year from the date of the injury (KRS 413.140(1)(a)). This is shorter than in many states, so it is important to speak with an attorney as soon as possible. Claims in Fayette County are generally pursued through the Fayette County Circuit Court.
How Our Lexington Premises Liability Attorneys Can Help
Insurance companies routinely blame slip-and-fall victims for their own injuries and defend these claims aggressively. You should not face them alone. Our team moves quickly to preserve evidence, documents how the hazard came to exist, and pushes for fair compensation. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Lexington Premises Liability Attorneys Today
If you were injured on unsafe property in Lexington or anywhere in Fayette County, contact Portner & Shure for a free consultation. There is no fee unless we recover compensation for you.
Other Injury Cases We Handle in Lexington
- Lexington Car Accident Lawyers
- Lexington Truck Accident Lawyers
- Lexington Motorcycle Accident Lawyers
- Lexington Personal Injury Lawyers
- Lexington Wrongful Death Lawyers
- Lexington Pedestrian Accident Lawyers
- Lexington Bicycle Accident Lawyers
- Lexington Dog Bite Lawyers
- Lexington Brain Injury Lawyers
- Lexington Spinal Cord Injury Lawyers
- Lexington Medical Malpractice Lawyers
- Lexington Nursing Home Abuse Lawyers
- Lexington Bus Accident Lawyers
