Vanessa Mack v. Sam's West, Inc. d/b/a Bowling Green Sam's Club No. 4876

Bowling Green, Kentucky personal injury lawyer represented the Plaintiff who sued the Defendants on a premises liability

negligence theory.



"Premises liability is a legal doctrine that holds property owners and occupiers responsible for injuries that occur on their property due to a dangerous condition.



What are the elements of a premises liability claim?



To establish a premises liability claim, a plaintiff must prove the following elements:



The plaintiff was an invitee, licensee, or trespasser.

The defendant owned or occupied the property.

The defendant had a duty to the plaintiff to keep the property safe.

The defendant breached that duty.

The plaintiff's injuries were caused by the dangerous condition.



What are the types of dangerous conditions that can give rise to a premises liability claim?



There are many types of dangerous conditions that can give rise to a premises liability claim, including:



Slips and falls: Slips and falls are the most common type of premises liability claim. They can occur due to wet or slippery surfaces, uneven floors, or broken or missing flooring.

Falls from heights: Falls from heights can be caused by open stairs, railings that are too low, or defective ladders.

Objects in the path of travel: Objects that are in the path of travel, such as debris, furniture, or equipment, can cause trips, slips, and falls.

Defective equipment: Defective equipment, such as machinery, tools, or appliances, can cause injuries if they are not properly maintained or operated.

Animal attacks: Property owners may be liable for injuries caused by animals on their property, such as dog bites or bites from other animals.



What are the damages that a plaintiff can recover in a premises liability claim?



In a premises liability claim, a plaintiff can recover damages for their injuries, including:



Medical expenses: The cost of medical treatment, including hospital bills, doctor's visits, and prescription drugs.

Pain and suffering: The emotional and physical pain and suffering caused by the injuries.

Lost wages: The income that the plaintiff has lost as a result of their injuries.

Loss of enjoyment of life: The inability to enjoy life activities due to the injuries.



What are the defenses to a premises liability claim?



There are a number of defenses that a defendant in a premises liability claim can raise, including:



The plaintiff was aware of the dangerous condition and assumed the risk of injury.

The plaintiff was contributorily negligent in causing their own injuries.

The dangerous condition was not the proximate cause of the plaintiff's injuries.



How can I protect myself from premises liability claims?



As a property owner or occupier, there are a number of things you can do to protect yourself from premises liability claims, including:



Regularly inspecting your property for dangerous conditions and promptly fixing them.

Posting warning signs about known dangerous conditions.

Training your employees on how to avoid creating dangerous conditions.

Having insurance to cover premises liability claims.



Conclusion



Premises liability is a complex area of law, and it is important to consult with an attorney if you have been injured on someone else's property."



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Proposed Agreed Order by Sam's East, Inc., Sam's West, Inc., Unknown Manager of Bowling Green Sam's Club No. 4876, Walmart, Inc.. (Grissom, Michael) (Entered: 11/22/2023)