Premises liability claims occur when someone is injured on another person’s property due to unsafe or hazardous conditions. In Kentucky, property owners have a legal responsibility to maintain their premises in a safe condition for guests. When they fail to do so, injured individuals are able to file a claim to seek compensation for their injuries. However, success in such claims hinges on the evidence presented. Without compelling evidence, proving liability can be challenging. Below, we outline the types of evidence you should gather for a Kentucky premises liability claim and why each type is essential for building a strong case.
Photographic and Video Evidence
Visual evidence is often the most compelling type of proof in a premises liability case. Photographs and videos taken immediately after the incident can document the hazardous condition that caused the injury, such as:
- Wet or slippery floors.
- Broken stairs or railings.
- Poor lighting or lack of signage.
- Obstructions or debris in walkways.
When taking photos, it’s important to capture various angles and distances. Use your smartphone to record videos of the scene as well. Time-stamped photographs and videos can be particularly helpful in showing that the dangerous conditions existed at the time of the accident.
Witness Testimony
Eyewitnesses can play an important role in establishing liability. Witness testimony may come from individuals who:
- Saw the hazardous condition before the incident.
- Observed the accident happen.
- Can attest to the property owner’s neglect, such as ignoring complaints about the unsafe condition.
Ensure that you collect the contact information of witnesses of the accident or was present when it occurred. Their statements can strengthen your claim, especially if they corroborate your version of events.
Incident Reports
If your injury occurred in a commercial property, such as a grocery store or hotel, you should file an incident report with the property manager or owner. This report becomes an official record of the incident and includes critical details such as:
- The date and time of the accident.
- A description of the hazardous condition.
- Statements from employees or staff.
Make sure to obtain a copy of the report, as it may be a key piece of evidence in your case.
Medical Records
Medical records are essential for linking your injuries to the premises liability incident. After the accident, seek medical attention immediately, even if your injuries seem minor. Prompt medical evaluation creates a clear record of your injuries and ensures that they are properly treated. Your medical records should include:
- Physician’s diagnosis and treatment plans.
- X-rays, MRIs, or other diagnostic images.
- Notes about your pain levels and physical limitations.
Medical bills and records can also help quantify your damages, such as medical expenses and lost wages, which are critical for determining the value of your claim.
Property Maintenance Records
One of the key elements of a premises liability claim is proving that the property owner failed to maintain their property in a safe condition. Property maintenance records can show whether the owner:
- Conducted regular inspections.
- Performed necessary repairs.
- Ignored known safety hazards.
For example, if you slipped on a wet floor and the property owner had a history of failing to clean spills promptly, maintenance records could demonstrate their negligence.
Surveillance Footage
Many commercial properties and residential complexes are equipped with surveillance cameras. Footage from these cameras can provide valuable evidence of the accident and the condition of the premises at the time. For instance, surveillance video may show:
- How long a hazard existed before the accident.
- Staff or employees ignoring the dangerous condition.
- The moment the injury occurred.
Requesting this footage as soon as possible is critical, as many businesses overwrite video recordings after a certain period.
Expert Testimony
In some cases, expert testimony is necessary to establish liability. Experts can provide insights into building codes, safety standards, and other technical aspects of the case. For example:
- An engineer can explain how a broken railing violated safety regulations.
- A safety expert can discuss how the property owner failed to adhere to industry standards.
These professionals can provide objective opinions that strengthen your claim and make it more credible in court.
Weather Reports (If Applicable)
If weather conditions contributed to your accident—such as snow or ice on a walkway—obtaining weather reports can help establish that the property owner failed to address hazards caused by inclement weather. Kentucky law expects property owners to take reasonable steps to clear snow and ice within a certain timeframe. Weather data can support your argument that the hazard was foreseeable and preventable.
Receipts or Proof of Entry
To establish that you were lawfully on the property when the accident occurred, retain any receipts, tickets, or other proof of entry. Kentucky premises liability laws differentiate between invitees, licensees, and trespassers, and the property owner’s duty of care varies depending on your status. Showing that you were an invitee (e.g., a customer at a store) can strengthen your case.
Kentucky-Specific Premises Liability Insights
Under Kentucky law, plaintiffs must prove that the property owner knew or should have known about the unsafe condition and failed to take steps to fix it. Additionally, Kentucky follows the comparative fault rule, which means that if you are partially responsible for the accident, your compensation may be reduced by your percentage of fault.
For instance, if you were texting while walking and did not notice a hazard, the court might find you 20% at fault. In such cases, your total compensation would be reduced by that percentage.
Conclusion
Gathering the right evidence is essential to building a strong premises liability claim in Kentucky. From photos and medical records to witness statements and maintenance logs, each piece of evidence plays a role in proving the property owner’s negligence and the extent of your damages.
Call Brandon J. Broderick For Legal Help
Navigating Kentucky premises liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.