Kentucky Injury Law Blog

In Jefferson Circuit Court, two people who got hurt when a stairway in a Louisville building collapsed are suing the owners of the century-old building for Kentucky premises liability. The Louisville personal injury accident occurred on March 3 when Alan DeLisle and Pattie Clare took a tour of the Fort Nelson property with owners Paul and Carolan Bariteaus. DeLisle oversees Louisville’s downtown development and Clare is his chief deputy.

The stairwell fell two stories, and Paul Bariteau, Clare, and DeLisle became trapped beneath the debris. Carolan was able to arrive at the 3rd floor before the stairway dropped out. She was rescued by firefighters.

According to the Louisville premises liability lawsuit, the Bariteaus should have been aware the structure was not safe, should have maintained the building, should have repaired any hazardous conditions, and should have warned the victims of possible hazards. The two metro workers are seeking a jury trial and compensatory damages. Their lawsuit also names Forte Development Inc. as one of the Louisville premises liability defendants.

According to a spokesperson for Louisville Mayor Jerry Abramson, no city inspectors have been to the building over the last five years because no work occurred on the premise that warranted a safety inspection. The building was constructed in the 1880’s. Paul Bariteau purchased the building over 10 years ago.

If you were injured on another person’s property, you may be entitled to Kentucky personal injury compensation. Examples of some common kinds of premises liability cases, include:

Slip/Trip and Fall Accidents: Slipping, tripping, or falling on the ground because there was an unsafe condition that caused the accident. This can result in painful, debilitating injuries, such as head injuries, neck injuries, back injuries, and hip injuries.

Inadequate Security: A person becomes a victim of a violent crime because there wasn’t enough security or lighting on the property that could have prevented the incident from happening.

Defective Conditions: A person is hurt because of a defect on the property or a defective product on the premise that the property owner could have and should have removed or repaired but failed to do so.

Inadequate Maintenance: A property owner fails to repair an existing hazard on a premise and/or fails to warn patrons or visitors about the danger.

Related Web Resources:
Metro employees sue over stairwell collapse, Courier-Journal, April 14, 2009

Premises Liability Overview, Justia

In Fayette Circuit Court, the mother of Kiah Milsom, the 14-year-old girl who died of a severe anoxic brain injury after drowning in the pool of a condominium complex in Lexington, Kentucky, is suing Aintree Condominiums Inc. for wrongful death.

Kiah and her friends had trespassed onto the condo complex property on July 20, and they were swimming in the pool at around 4am when her arm got sucked into the pool’s drain. Kiah reportedly was underwater for about 20 minutes until emergency workers, who were summoned, were able to free her. She sustained a traumatic brain injury from the accident and died several days later at the University of Kentucky Hospital.

In her lawsuit, Kiah’s mother Lisa Ann Scott accuses the condo complex owners of negligence and states that they either knew or should have known that the pool drain pump was dangerous. By law, a pool drain is supposed to have a properly secured cover, and the lawsuit contends that the pool’s drain cover was missing.

Premises Liability
Property owners are supposed to make sure that there are no unsafe conditions on a premise that could lead to serious injuries or death. Failure to fulfill this duty of care can be grounds for a Kentucky premises liability lawsuit if someone is injured or dies.

Dangerous Pool Drains
Pool drains have been known to cause serious injury or death if they are not properly covered and secured. Over the past three decades, there have been reports of a number of incidents where children, in particular, have gotten stuck in a pool drain and have been unable to release themselves. Serious injuries have included intestines being pulled from the trapped person’s body, near drownings, traumatic brain injuries, and deaths. It is important that you speak with Kentucky personal injury lawyer to determine whether you have grounds to file a claim against any negligent parties.

Mother of drowned girl sues condo owners, Bluegrassbeat.com, August 22, 2008

Teen dies of injury from pool accident, Kentucky.com, July 27, 2008

Related Web Resources:

The Virginia Graeme Baker Pool and Spa Safety Act

'She Died in My Arms': A Mother's Mission for Safe Pools, ABC News, July 23, 2008