When you plan an evening of shopping, entertainment or dining in Louisville, you expect to have a good time. You probably do not think you have to worry about your personal safety. After all, shops, theaters and restaurants have a duty to keep you safe.
Unfortunately, robberies and assaults are not uncommon in Louisville. If someone injures you when you are at a commercial property, you may be able to pursue compensation from the business’s owner or others associated with the company. To do so, though, you likely must prove that your injury was both foreseeable and preventable.
Foreseeability
Property owners can usually only protect you from foreseeable injuries. Commonly, this issue arises in slip-and-fall situations. That is, a business owner should realize that a wet floor is likely to cause someone to sustain an injury. The issue also comes up when patrons sustain an injury due to a third party’s criminal conduct, though. For you to prove foreseeability, you may need to ask some serious questions:
- Has criminal conduct occurred at the business in the past?
- Did the property owner know about the dangerous conditions at the business?
- Did you contribute to the injury you suffered?
Preventability
Foreseeability is only part of the equation. You also likely must show that your injuries were preventable. That is, the property owner could have done something to minimize the chances of you sustaining an injury. As you may suspect, asking the following questions may help you determine preventability:
- Did the property owner know about unsafe conditions?
- Did the property owner have sufficient time to make the premises safer?
- Did the property owner invest in security?
With some luck and a bit of diligence, you may avoid any injury in a bar, restaurant, movie theater or another commercial place. Nonetheless, recovering from a robbery or assault may be painful, expensive and time-consuming. If you want to hold the property owner responsible, you must understand your burden of proof.