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Articles Tagged with premises liability

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picnic table

Under Kentucky law, a person who is injured on the job is entitled to benefits such as temporary and permanent disability payments and medical expenses. Usually, these benefits are less than what the worker would have received in a negligence case against someone other than his or her employer.

Thus, an employee who is hurt at work may wish to file a personal injury lawsuit against a third party whose negligence contributed to an injury at work. Of course, the third party has an incentive to assign as much fault as possible to the employer, even though the employer is immune from liability in the negligence case.

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shiny floorWhen a lawsuit is filed for compensation for injuries in an accident allegedly caused by another party’s negligence, there are several ways that the case can be concluded. The most obvious ways are by an out-of-court settlement or a jury verdict in favor of one party or the other.

There is another, less commonly known, possible resolution for negligence cases known as “summary judgment.” When a court grants summary judgment, it is usually (although not always) in favor of the defendant, and it means that, even if the court looks at all of the evidence in the light most favorable to the plaintiff, there is no way that the plaintiff’s case can be successful at trial.

If the plaintiff disagrees that summary judgment was an appropriate end to the case, he or she can ask the appellate court to review the matter.

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glass case, antiques, premesis liability, wrongful death, injuriesWhen a person is injured on someone else’s property, or when a loved one dies as a result of an accident on another party’s property, there is the possibility of filing a premises liability lawsuit seeking compensation for damages such as medical expenses, lost wages, and pain and suffering.

However, the burden is on the plaintiff to prove his or her case by a preponderance of the evidence. Business and landowners are very resistant to a finding of liability and will fight hard for a dismissal of the case if at all possible.

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TECHNIKA SH-A366

By Kurt Maier, Attorney
English, Lucas, Priest and Owsley, LLP

The basic components of a negligence case are duty, breach of duty, causation, and damages. In slip and fall injury cases, called premises liability cases in legal terms, an injured person must also show that the owner or operator of the premises either caused the hazardous condition that led to his or her injuries or had constructive notice of.

The constructive notice element of proof can be shown in several ways, including proof that the dangerous or defective condition had been in place for a length of time sufficient for the defendant to have become aware of the condition in the exercise of reasonable care. Constructive notice can also be shown through the defendant’s recurring conduct or a continuing condition.

Of course, each case is unique, and disagreements can certainly arise as to whether a defendant was constructively notified of a particular situation. In some such cases, video surveillance footage can be an important piece of evidence, even if the slip and fall injury in question was not captured on camera.

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