Understanding Slip and Fall Claims
What is a slip and fall?
A slip and fall accident is an incident in which someone slips, trips, or falls on someone else's property due to a hazard or dangerous condition. It can happen in any public or private location, such as a supermarket, restaurant, sidewalk, or office building.
Examples of hazards that can cause slip and fall accidents include wet floors, uneven surfaces, loose or torn carpets, poor lighting, and hidden obstacles. Slip and fall accidents can result in various injuries, from minor cuts and bruises to severe fractures, head injuries, and spinal cord damage.
What should I do if I have experienced a slip and fall?
If you have been involved in a slip and fall accident, there are several steps you should take to protect your health and legal rights. Here are some important things to do after a slip and fall:
- Seek medical attention: If you have been injured, seek medical attention immediately. Even if you don't feel any pain, it's essential to get checked out by a medical professional to ensure that there are no underlying injuries that could worsen over time.
- Report the incident: Report the incident to the property owner, manager, or supervisor. Ask them to make a written report of the incident and get a copy of it for your records.
- Take pictures and gather evidence: Take pictures of the area where the accident occurred, including any hazards or obstacles that may have caused the accident. If there were witnesses to the incident, gather their contact information.
- Keep a record of your expenses: Keep a record of all expenses related to your injury, including medical bills, lost wages, and any other expenses related to your recovery.
- Consult with an attorney: Contact an experienced personal injury attorney who can help you understand your legal rights and options. They can also help you negotiate with insurance companies and pursue legal action if necessary.
After a slip and fall accident, it's essential to take action quickly to protect your health and legal rights. Generally, an injured person has one year from the date of the accident to file a claim.
How do I know if I have a slip and fall case?
Determining if you have a slip and fall case depends on various factors. Here are some key factors that are typically considered when evaluating a slip and fall case:
To have a case, there must be a hazardous condition that caused your slip and fall. This could include wet floors, uneven surfaces, broken or missing handrails, or other dangerous conditions.
This hazardous condition must be a result of negligence. It must be shown that the property owner or manager was negligent in their duty to keep the property safe. Negligence can occur if the property owner knew or should have known about the hazardous condition and failed to take action to correct it.
You must have suffered an injury as a result of the slip and fall. This could include broken bones, sprains, cuts, or other injuries. There must be damages that can be compensated, such as medical bills, lost wages, pain and suffering, and other related expenses.
What can an attorney do for me after a slip and fall?
An attorney can provide several services to help you after a slip and fall accident. Here are some ways that an attorney can assist you:
- Investigate the accident: An attorney can investigate the accident and gather evidence to determine who is at fault. They can also work with experts, such as engineers or safety specialists, to analyze the scene and identify any hazards or dangerous conditions.
- Negotiate with insurance companies: An attorney can negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your injuries and related expenses. They can also help you understand your insurance policy and any applicable laws that may impact your claim.
- File a lawsuit: If necessary, an attorney can file a lawsuit on your behalf to seek compensation for your injuries, lost wages, and other damages. They can represent you in court and work to obtain a favorable outcome.
- Advise you on your legal rights: An attorney can advise you on your legal rights and options, including whether to accept a settlement offer or pursue legal action. They can also answer any questions you may have and provide guidance throughout the legal process.
What does Kentucky legislation say about my rights after a slip and fall?
KRS 411.182: This statute outlines the doctrine of comparative negligence, which can affect the amount of compensation a plaintiff may receive in a slip and fall case. Under comparative negligence, if the plaintiff is found to be partially responsible for the accident, their compensation may be reduced by their percentage of fault.
Under this statute, if a plaintiff in a personal injury case is found to be partially responsible for their own injuries, their compensation may be reduced by the percentage of fault assigned to them. This means that if the plaintiff is found to be 30% responsible for their injuries, their compensation may be reduced by 30%.
Comparative fault is a legal principle that is used to assign responsibility for an accident or injury among multiple parties. In a personal injury case, comparative fault may be used to determine the percentage of fault that should be assigned to the plaintiff and the defendant.
Under comparative fault, if the plaintiff is found to have contributed to their own injuries, their compensation may be reduced by the percentage of fault assigned to them. For example, if a plaintiff is awarded $100,000 in damages but is found to be 25% at fault for their injuries, their compensation may be reduced by $25,000 to account for their share of the fault.
Kentucky follows a modified comparative fault system, which means that the plaintiff may recover damages as long as they are not found to be more than 50% at fault for their injuries. If they are found to be 50% or more at fault, they are barred from recovering any damages.
Contact a Kentucky personal injury attorney with experience handling slip and falls.
If you are in Kentucky and have been involved in a slip and fall accident, you can contact Powell Klausing PLLC to discuss your case. Our experienced personal injury attorneys have a deep understanding of Kentucky law and can provide you with the guidance and representation you need to pursue compensation for your injuries and other damages. We offer a free initial consultation where we can evaluate the specifics of your situation and provide you with an honest assessment of your case.
Our attorneys are committed to fighting for our clients' rights and ensuring they receive the compensation they deserve. Contact us today to schedule your free consultation and take the first step towards recovering from your slip and fall accident.