A slip and fall accident may leave many feeling embarrassed after the incident. However, such accidents can also lead to devastating injuries and costly medical bills.
A slip and fall accident occurs when a person loses his or her balance because of a ground level obstruction or unsafe surface and falls as a result. Slip and falls may be actionable if the accident was caused by the negligence of another and resulted in injuries or financial losses to the victim.
If you were hurt in a slip and fall accident, our Bowling Green slip and fall attorneys can assist you in filing a lawsuit for compensation. Compensation can help with all the bills and expenses you are burdened with.
Whether the slip and fall occurred in a grocery store, shopping mall, or office building, our Bowling Green attorneys can work with you to determine if you have a viable lawsuit. The law in Kentucky imposes a duty on property owners to make sure their premises are free from dangerous hazards that might cause injuries.
If this duty has been violated and you have suffered injuries because of an unsafe property condition, our Bowling Green slip and fall attorneys may be able to help you recover monetary damages. Please fill out our free case evaluation form, to see what our Bowling Green slip and fall attorneys may be able to do for you.
How Our Attorneys Can Help With These Claims
Our Bowling Green attorneys will work with you to determine if you have a viable slip and fall case. In handling your claim, your slip and fall attorney may:
Gather Evidence
Gathering evidence helps prove that the owner or occupier was negligent in maintaining the property and that this negligence contributed to your injuries, your attorney may:
- Visit the scene of the accident
- Take photographs of the dangerous situation
- Review video surveillance to establish how long the unsafe condition existed
- Question witnesses
- Obtain copies of accident reports
- Review a store’s operational records and store cleaning logs
It is important to contact an attorney as soon as possible following a slip and fall accident, because witnesses often forget important details. Over time, pieces of evidence may become lost or destroyed. In some cases, the attorney will take depositions of store employees to establish that the area where the accident occurred was not regularly cleaned or maintained.
Assess Injuries and Necessary Medical Treatment
Your attorney will review your medical records to evaluate the extent of your injuries. Your attorney may also work with a medical expert who may offer testimony regarding the medical treatments and rehabilitation procedures needed for you to recover.
In many slip and fall cases, injured victims suffer back injuries, which are among the most difficult injuries to diagnose and treat. The severity of a back injury may not become apparent until several months following the slip and fall accident. A medical expert will evaluate the extent of your injuries to help ensure you are fully compensated for the damages you suffered.
Negotiate a Settlement
In some cases, the slip and fall attorney may be able to negotiate a settlement with the property owner or its insurance company. Cases often settle because property owners and their insurance companies seek to avoid the costs and negative media reports that can be associated with a jury trial.
As part of the settlement process, your attorney may present evidence detailing the economic and noneconomic damages you incurred as a result of the slip and fall accident. If the settlement negotiations do not result in an adequate settlement offer, your attorney will prepare the case for trial.
Elements of a Kentucky Slip and Fall Lawsuit
Under Kentucky law, a person injured in a slip and fall accident must satisfy the following two elements to have a valid claim:
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The owner had actual knowledge of the dangerous condition or should have reasonably known through the use of due care that the dangerous condition existed; and
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The injured victim was unaware of the dangerous condition To prove that a property owner knew or should have known about the dangerous condition, your slip and fall attorney may present evidence that the dangerous condition had existed for such a long period of time that it should have been discovered by the owner of the property if he or she had exercised reasonable care in inspecting the premises.
For instance, your attorney may present evidence that a department store’s employees were in the immediate vicinity of the dangerous condition and should have noticed and removed the hazard. Your attorney may also present evidence that the store was understaffed, and therefore, the store owner failed to satisfy the duty to maintain a property free from hazards.
Dealing with Insurance Companies in Slip and Fall Cases
Insurance companies for property owners frequently attempt to avoid liability by claiming that the victim could have somehow walked around the dangerous condition, but failed to do so.
Soon after an accident, insurance companies have been known to ask slip and fall victims leading questions so that they inadvertently make concessions that can be used to limit the insurance company’s liability if a lawsuit is filed.
For example, insurance companies often try to argue that the “open and obvious doctrine” applies by claiming that the injured person was not watching where he or she was walking or in some other way failed to exercise due care.
Under the open and obvious doctrine, a property owner is not liable for injuries if the existence of the dangerous condition was obvious, yet the injured person voluntarily walked into it. Before giving any statement to an insurance company, it is important that you first speak to an attorney who can advise you of your rights under Kentucky Law.
Common Causes of Slip and Fall Accidents
Each of the following may indicate negligence on the part of the property owner or occupied:
- Improper maintenance of roads, sidewalks, and buildings
- Failure to display proper safety signs and warnings
- Unlit walkways
- Hazardous staircases or escalators, including broken steps, missing handles, or any other malfunction
- Wet, unmarked surfaces
- Hazardous material in the path of a pedestrian
- Building code violations
- Understaffed nursing homes
If you or a loved one has been injured in a Kentucky slip and fall accident, please complete our free case evaluation form today to find out what our Bowling Green slip and fall attorneys may be able to do for you.