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Foreseeability as an element of a premises liability lawsuit

Lawsuits based on the injuries that Kentucky residents suffer on other people’s property fall under the legal concept of “premises liability.” If property owners fail to keep their land or any improvements on it in reasonably safe conditions, then they may be held liable for the harm that others suffer when they enter onto that land or those structures. However, there are a number of elements that courts will consider when deciding if a property owner should be found responsible for the losses of another.

One element that can play a role in a victim’s success at trial on a premises liability claim is “foreseeability.” Foreseeability relates to how easy it would be for a property owner to predict that someone may be harmed in a particular way on their land. Generally, property owners are responsible for making hazards that foreseeably could present threats to others safe.

For example, if a property owner knew that the steps up to their home were rotten and likely to collapse if someone walked on them, they would likely be held liable for their friend’s injuries if they allowed the friend to visit them and had them walk up the defective steps. A person suffering an injury on a part of a landowner’s property where there was no reason for the individual to be may not expose the landowner to liability if it was not foreseeable for the victim to go where they were hurt.

As with all legal matters it is important that victims of premises liability accidents get the right legal information about personal injury options and premises liability law.

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