Premises Liability Claims from Dangerous Conditions

Wrongful death claims can arise when an individual dies due to the negligence or intentional act of another. When these deaths occur due to dangerous conditions on premises, they fall under the legal concept of “premises liability.” In Kentucky and Indiana, as in other states, the owners of properties, whether residential, commercial, or public, have a legal responsibility to maintain safe conditions for lawful visitors. Failing to do so can result in severe injury or death, and the deceased’s family may pursue a wrongful death claim to seek justice and compensation.

Legal Framework for Wrongful Death and Premises Liability

Both Kentucky and Indiana have statutes that allow for wrongful death claims, which are designed to compensate the deceased’s family for their loss. These claims can be filed when a death results from negligence or misconduct, including dangerous property conditions like poor maintenance, insufficient security, or hazardous environments.

In Kentucky, wrongful death claims are governed by KRS 411.130, which allows the personal representative of the deceased’s estate to pursue a claim when someone’s death results from another’s negligence. If gross negligence is proven, the claim may include punitive damages as well.

Similarly, Indiana’s Wrongful Death Statute (IC 34-23-1) allows the deceased’s family or estate to recover damages when death is caused by negligence, including unsafe premises. These laws are critical in ensuring property owners are held accountable when dangerous conditions lead to fatal accidents.

Dangerous Conditions Leading to Wrongful Death

Dangerous conditions on-premises can take many forms, including but not limited to:

• Slip and fall hazards: Wet floors, icy walkways, or uneven surfaces can lead to fatal injuries.
• Inadequate security: Poorly lit areas, broken locks, or a lack of security personnel may contribute to fatal assaults or accidents.
• Hazardous substances: Exposure to toxic chemicals, gas leaks, or unsafe building materials like asbestos can be deadly.
• Building code violations: Failure to adhere to safety regulations, such as faulty wiring or unstable structures, can cause fires, collapses, or other fatal accidents.

Premises liability law in Kentucky and Indiana requires property owners to address these hazards proactively. If they fail to take reasonable steps to correct dangerous conditions, they may be liable for any resulting death.

Statistics in Kentucky and Indiana

In Kentucky, falls are a leading cause of accidental deaths, especially among older adults. According to the Kentucky Injury Prevention and Research Center (KIPRC), in 2022, Kentuckians 65 and older experienced 48,708 fall-related emergency department visits, 8,823 fall-related hospitalizations, and 399 fall-related deaths. The impact of falls has continued to rise. Fall-related inpatient hospitalizations in acute care facilities increased to 9,053 in 2023 and resulted in median discharge costs of $55,798. This upward trend shows the growing urgency for effective fall prevention strategies to protect the health and safety of older adults.

In Indiana, premises liability, particularly in industrial and construction settings, is a significant concern due to unsafe conditions that lead to fatal falls and injuries. According to data from the Indiana Department of Labor, falls, slips, and trips were the second leading cause of workplace fatalities in 2019. These incidents are notably prevalent in the construction industry, which reported 11 fatalities due to falls in that year. Over time, such accidents have increased by 20% from 2017 to 2019, underscoring the need for stringent safety measures and regulatory oversight.

Attorneys At Your Side

Wrongful death claims due to dangerous conditions on premises are an important mechanism for ensuring that property owners maintain a safe environment for visitors. In Kentucky and Indiana, both states have comprehensive laws that allow families to seek justice and compensation when their loved ones die due to unsafe property conditions. By holding negligent property owners accountable, these laws help prevent future tragedies and offer a measure of relief to grieving families.

While dangerous premises remain a significant cause of injury and death, legal recourse through wrongful death claims provides a vital path to accountability and justice.

For anyone facing such a loss, it is advisable to consult with our experienced premises liability lawyers who specialize in wrongful death lawsuits.

Call Stein Whatley Astorino, PLLC, to schedule your free and confidential case evaluation. Our top Louisville wrongful death lawyers are available to answer your questions. 502.553.4750.

Serious Attorneys. Serious Results.