Premises Liability Lawyers

When you step onto someone else's property—whether it is a grocery store in Corbin, a hotel in Lexington, or an apartment complex in Knoxville—you have a reasonable expectation of safety. You trust that the lights work, the security cameras are recording, and the swimming pool gate is locked.

When property owners cut corners to save money, they endanger the public. Premises Liability is the area of law that holds them accountable. It goes far beyond just "slipping on a wet floor." It covers any injury caused by a property owner's failure to maintain a safe environment.

At Freeman Childers, we investigate the history of the property. We pull police reports to see if a parking lot was a known "hotspot" for crime. We check building codes to see if a staircase was built illegally. We fight for victims of negligence across Kentucky and Tennessee.

Were You an "Invitee"? (The Legal Standard)

In both Kentucky and Tennessee, your rights depend heavily on why you were on the property.

• Invitee (Highest Protection): You were there for the owner's benefit (e.g., a customer in a store). The owner must actively inspect for dangers and fix them.

• Licensee (Moderate Protection): You were a social guest (e.g., at a friend's house). The owner must warn you of known dangers but doesn't necessarily have to inspect for hidden ones.

• Trespasser (Lowest Protection): You had no permission to be there. Generally, the owner owes you no duty—UNLESS you are a child (see "Attractive Nuisance" below).

Beyond Slip and Fall: Types of Cases We Handle

While we handle Slip and Falls, our Premises Liability team also litigates:

1. Negligent Security (Assaults & Robberies)

If you were mugged, assaulted, or shot in a hotel parking lot, gas station, or apartment complex, the property owner may be liable.

• The Argument: Did the owner know the area was dangerous? Did they fail to install bright lighting, hire security guards, or fix broken gates? If they knew crime was likely and did nothing, they are responsible for your injuries.

2. Swimming Pool Accidents

Drowning is a leading cause of death for children. We investigate:

• Lack of Fencing: Did the pool lack a self-latching gate required by law?

• Drain Entrapment: Was the suction system defective, trapping a swimmer underwater?

• Murky Water: Did poor maintenance prevent lifeguards from seeing a drowning victim?

3. The "Attractive Nuisance" Doctrine

This is a critical exception for children. Even if a child was trespassing, the property owner is liable if they had something on their land that attracts children (like a trampoline, pool, or construction site) and failed to secure it.

4. Fire & Building Code Violations

• Smoke Detectors: Landlords who fail to install working smoke detectors in rental units.

• Blocked Exits: Nightclubs or stores with chained emergency exits during a fire.

• Collapse: Decks or balconies that collapse due to rot and lack of inspection.

The 1-Year Statute of Limitations

Premises liability cases in Kentucky and Tennessee have a notoriously short deadline: One Year. This is half the time allowed for most car accident cases. Evidence disappears quickly. Security footage is often overwritten in 48 hours. Potholes are filled in. Broken lights are fixed. You must hire a lawyer immediately to send a preservation letter.

Injured on Unsafe Property?

Do not give a recorded statement to the insurance adjuster. Call 606-528-1000 to let our investigators secure the evidence first.