Property owners and businesses have a duty under Kentucky law to keep their premises free from hazards, including those that may cause someone to slip and fall. If you’ve been injured on someone else’s property due to unsafe conditions, our Murray attorneys may be able to help you recover financial compensation.
The premises liability lawyers at the Bryant Law Center can provide you with the legal assistance you need during this difficult time. Our lawyers work tirelessly to ensure that your best interests are always being cared for and while we fight to get you the settlement you deserve.
If you live in the Murray area and have been injured as a result of a slip and fall accident, contact us today for a free case evaluation. Speak with one of our attorneys to learn what options are available to you for suing the responsible parties for compensation.
Important Note: It is in your best interest to reach out to a lawyer before the statute of limitations runs out. Kentucky law requires slip and fall claims to be filed within one year of the date of your accident, otherwise, you may lose your ability to pursue compensation for any injuries.
What Happens in a Slip and Fall Lawsuit? The Process
The first thing you will do in most slip and fall cases is to file a claim with the property owner’s insurance company. An insurance company will then send an insurance adjuster to investigate the accident. This adjuster may try negotiating a settlement with you.
Before you speak with an insurance company representative, consider speaking with a personal injury lawyer. Insurance companies will do what they can to minimize their liability and the compensation owed to you.
Retaining a lawyer is important for you to level the playing field with insurance companies and make sure your slip and fall claim has the best chance of success. An attorney can defend your claim, negotiate it for you, and take your case to trial if necessary.
Important: The process of settling a slip and fall accident can take weeks, months, or years. Working with a personal injury lawyer from the start can make filing for compensation significantly easier. We handle the entire case for you from the start of your claim to the day you receive your settlement check.
How Do You Prove Negligence in a Slip and Fall Claim?
If you have suffered an injury on someone else’s property, it is important to determine whether the person who owns the property acted negligently for your claim to go forward.
The first thing your lawyer will look for when trying to prove negligence is to find the cause of your accident. We’ll investigate to figure out why you fell in the first place.
Some common slip and fall causes your attorney may look for include:
- Slippery floors
- Uneven walking surfaces
- Inappropriate or poor lighting
Your attorney will investigate the accident to see if the following is true:
- The property owner knew or should have known about the dangerous condition on the property.
- The property owner failed to repair the dangerous condition or did not provide proper notice to visitors about the dangerous condition.
What is a “Dangerous Condition”?
If a feature of a property creates a substantial risk of injury when the property is used in a reasonably foreseeable manner, that feature is referred to as a “dangerous condition” of the property.
For example, if the property does not have safety features to prevent harm or has a feature that likely to cause injury, those would be dangerous conditions.
What are Some Common Dangerous Conditions?
Common dangerous property conditions include sidewalks, stairways, and wet floors.
For example, sidewalks that are not maintained or have cracks in them may make walking more dangerous because people could slip on the sidewalk. Similarly, improperly installed handrails, a poorly lit stairwell, or uneven steps could lead to someone sustaining an injury on a staircase.
Kentucky’s Additional Requirements for Child Safety
Property owners have a duty to keep their premises free from hazards that might attract and injury children under Kentucky law.
That means that property owners can be liable for injuries to children even if the child is trespassing on their property. Property owners may be found liable if they fail to provide adequate safety measures to protect children from dangerous conditions, such as with a poorly secured trampoline or swimming pool.
What Forms of Compensation are Available in Slip and Falls?
Compensation for slip and fall accidents depends on a number of factors, including the severity of the accident and whether or not any responsible parties were aware of an unsafe environment and did nothing to fix it.
Compensation in a slip and fall accident may include:
- Medical expenses
- Lost wages, benefits, or future earnings
- Pain and suffering, including things like mental anguish, anxiety, humiliation, etc.
Punitive damages may be awarded in cases that involve a reckless disregard for the safety of others. These types of damages are rarely awarded and, in Kentucky, the victim must prove that the defendant acted with “fraud, malice, or oppression” to justify punitive damages.
Contact the Bryant Law Center for Help with Your Slip and Fall Claim
If you’ve been injured in a slip and fall accident in the Murray area, you should speak with an attorney for help with understanding your legal options and eligibility for compensation.
The attorneys at the Bryant Law Center in Murray specialize in personal injury cases involving slip and fall accidents. We have experience in navigating Kentucky’s specific laws on this type of claim and can help you through the legal process whether you were injured on a sidewalk or a slippery floor at a big retailer like Wal-Mart.
Contact us today for a free consultation and for more information on how we can help you.