A grocery aisle slick with melted ice, an apartment stairwell lit by a single flickering bulb, a hotel parking lot lacking adequate security—each creates a risk that can upend a family’s stability in seconds. Kentucky law gives injured visitors a direct route to recover their losses, yet insurers routinely undervalue these premises liability claims.
The Law Offices of Croley & Foley and our premises liability attorneys in Kentucky move quickly to preserve evidence, prove code violations, and compel fair payment. If you were hurt on another person’s land or in a business open to the public, call (859) 367‑0050 for a confidential case review before critical proof disappears.
Kentucky’s Premises Liability Framework
Kentucky imposes a duty on landowners to keep their premises reasonably safe and to warn of hidden dangers. The state’s Supreme Court has reinforced this principle by rejecting the once‑absolute “open and obvious” defense. In Kentucky River Medical Center v. McIntosh, the court held that obviousness merely goes to comparative fault; it no longer bars recovery outright.
That shift aligns premises cases with Kentucky’s pure comparative‑fault system, meaning a plaintiff who is 20 percent at fault can still recover 80 percent of damages. Property owners may not simply blame a victim for noticing a wet floor; they must eliminate hazards or provide adequate warnings.
The Human Cost of Unsafe Property
Falls are the leading cause of injury‑related death for adults sixty‑five and older. The Centers for Disease Control and Prevention reports that over 14 million Americans in that age group fall each year, generating more than $50 billion in medical expenses for non‑fatal injuries alone.
These numbers do not account for younger victims struck by falling merchandise, burned by faulty wiring, or assaulted because of negligent security. Nationally, homeowner and commercial insurers paid an average of $26,175 per liability claim between 2018 and 2022, yet severe injuries often require far greater compensation to cover spinal surgery, future wage loss, and lifelong pain management.
The Duty Owed to Invitees, Licensees, and Trespassers
Kentucky recognizes three classes of visitors. Invitees—shoppers, diners, or tenants—receive the highest protection; owners must inspect for hazards and fix or warn in a timely manner. Licensees, such as social guests, are entitled to warnings about hidden dangers the owner knows or should know about.
Trespassers garner only minimal care, yet even they cannot be willfully endangered; for example, a property owner who knows that neighborhood children use an unfenced swimming pool can be liable under the attractive‑nuisance doctrine.
Because these categories influence both duty and damages, personal injury attorneys often build the visitor‑status argument into the very first demand letter, attaching photographs, maintenance records, and witness statements that demonstrate the victim’s legal right to safe passage.
Statute of Limitations and Notice Requirements
Kentucky’s one‑year statute of limitations under KRS 413.140 applies to most premises liability cases. Government entities require even faster notice—often within 90 days—under the Kentucky Claims Commission Act. As soon as a personal injury attorney in Kentucky is retained, certified letters preserving surveillance footage and maintenance records are dispatched to owners and third‑party contractors.
Delay invites spoliation: security systems overwrite footage within days, and wet‑floor logs vanish during routine shredding. Acting quickly locks down evidence crucial to proving negligence and blocks defendants from arguing that the hazard cannot be recreated.
Damages Available Under Kentucky Premises Liability Law
If you’ve been injured on someone else’s property in Kentucky, you may be entitled to several types of compensation. These damages aim to address the various ways your injury has impacted your life.
Financial Losses (Economic Damages) – This category covers your direct monetary losses, including:
- Medical Expenses – This encompasses immediate costs like emergency room visits and orthopedic hardware, as well as ongoing needs such as future physical therapy and prescription medications.
- Lost Income – You can also recover wages you’ve lost due to your injury, along with compensation for any reduction in your future earning potential.
Personal Impact (Non-Economic Damages) – These damages address the more personal and subjective consequences of your injuries, such as:
- Pain and Suffering – Compensation for the physical discomfort and emotional distress you’ve experienced.
- Loss of Enjoyment of Life – This accounts for how your injuries have prevented you from participating in hobbies or activities you once enjoyed, or if they’ve affected your independence.
Specific Considerations:
- Disfigurement – Awards can be granted for visible scars and amputations, recognizing the lasting impact of such injuries.
- Punitive Damages – In cases where a property owner has shown a blatant disregard for safety – for example, by ignoring multiple code violations – punitive damages may be awarded to punish this behavior.
Our Lexington personal injury attorneys meticulously build your case by gathering evidence from various experts. Affidavits from your treating physicians detail the extent of your injuries, while vocational experts and economists help quantify both your immediate and long-term financial losses.
This comprehensive approach leaves insurance companies with little ground to argue for a minimal settlement, especially when actuarial data clearly demonstrates the permanent limitations and future health risks associated with injuries like a broken ankle.
Types of Hazards We Litigate
While every accident scene is unique, the physical harm tends to fall into predictable categories that Kentucky law compensates fully when caused by a property owner’s negligence. Below are the injury patterns our Kentucky personal injury lawyers pursue most often, each linked directly to failures in inspection, maintenance, or security rather than to the setting itself.
- Fractures and Joint Tears
Slips, trips, or unexpected falls commonly shatter wrists, ankles, and hips or tear the ligaments that stabilize knees and shoulders. Orthopedic surgery, hardware implantation, and months of rehabilitation follow, leaving victims with lasting mobility limits and arthritis risk. Early imaging studies and post‑operative records become critical proof of the owner’s liability for both immediate costs and future degenerative changes. - Spinal‑Cord and Traumatic Brain Injuries (TBI)
A fall from a faulty stair, a blow from unsecured merchandise, or a violent assault can compress vertebrae or jolt the brain against the skull. These injuries trigger lifelong consequences—chronic pain, paralysis, memory loss—that juries understand in concrete terms once MRI scans and neuropsychological tests are presented. We pair those diagnostics with expert testimony to translate invisible damage into quantifiable economic and human losses. - Burns and Electrocution Wounds
Exposed wiring, malfunctioning appliances, or improperly maintained gas lines can ignite flash fires or send electrical current through the body. Thermal burns require grafting and leave disfiguring scars, while electric shocks may cause cardiac arrhythmias and nerve damage. Building‑code violations uncovered by our engineering consultants establish the causal link between owner negligence and these severe injuries. - Crush and Amputation Injuries
Collapsing shelving, elevator malfunctions, or unsecured construction equipment can pin limbs or sever fingers. Victims face multiple surgeries, prosthetic fittings, and permanent loss of earning capacity. Detailed vocational analyses quantify the wage deficit over a lifetime, compelling insurers to address the true financial impact of an amputation rather than offering token settlements. - Respiratory and Toxic‑Exposure Conditions
Mold spores, chemical leaks, or carbon‑monoxide buildup can silently compromise lung function, leading to asthma, COPD exacerbations, or poisoning. Environmental air‑quality tests and physicians’ pulmonary‑function studies demonstrate the owner’s failure to maintain a safe atmosphere, transforming intangible indoor hazards into demonstrable medical claims.
These injuries showcase how unsafe premises translate directly into measurable human harm. By focusing on the medical realities rather than the address where they occurred, the Law Offices of Croley & Foley builds a compelling narrative that drives insurers to pay full and fair compensation.
How the Law Offices of Croley & Foley Maximizes Compensation
At the Law Offices of Croley & Foley, you work one‑on‑one with seasoned trial lawyers who have presented premises liability cases to juries in Kentucky. When insurers stall or dispute treatment, we collaborate with respected physicians who accept letters of protection—ensuring you receive the care you need while the case moves forward.
Our settlement presentations are anything but routine. Each brochure we produce weaves together graphic timelines, medical illustrations, and economic projections to translate complex injuries into clear, persuasive narratives. Carriers know that if they refuse a fair offer, those same visuals will appear before a jury. That track record accelerates negotiations and drives more accurate settlements, allowing clients to focus on healing instead of financial uncertainty.
Whether your injury happened in a Lexington big‑box store or a rural Knox County gas station, your next step is critical. Call (859) 367‑0050 or complete our secure form today. Prompt action preserves evidence, protects your legal rights, and positions you for the maximum compensation Kentucky law permits.
When dangerous property conditions threaten your health and livelihood, the Law Offices of Croley & Foley provides trial‑ready advocacy that compels negligent owners and their insurers to pay every dollar you deserve—reach out now.