Slip and Fall Attorney in Louisville, KY
It only takes a split second to slip and fall. You may have planned a simple excursion to the mall or a grocery store, which turns into a life-changing event if you slip, fall, and are severely injured. If a property owner fails to maintain the premises with the proper amount of care and attention to safety, he or she could be held responsible for this negligence.
If you or someone you care about has been hurt while visiting a big box store, hotel, mall, gas station, airport, or even a neighbor’s home, you have the right to explore your options for a premises liability case. At John H. Ruby & Associates, our Louisville personal injury attorneys have a record of success in pursuing compensation on behalf of clients who were injured from slip and falls related to a property owner’s negligence.
Why Most Slip & Fall Accidents Occur
Slip and fall accidents occur with startling regularity. The Centers for Disease Control (CDC) reports that more than one million Americans suffer injuries related to slip and fall accidents each year and over 17,000 people lose their lives. Slip and fall accidents account for 15% of all work-related injuries.
Older Americans are most susceptible to slip and fall accidents. The CDC reports that one in three people over the age of 65 will fall each year and half of those have fallen before. For Americans ages 65-84, falls are the second-leading cause of death related to injury. Half of adults over 65 who are hospitalized for hip fractures are unable to return to independent living after their accident.
Some of the most common reasons that slip & fall accidents occur include:
- Wet and slippery floors. Neglected spills and unmarked wet flooring are the leading causes of slip and fall accidents.
- Cluttered floors. Equipment, merchandise, or debris cluttered in aisles or hallways creates a hazard.
- Damaged floors and stairs. Property owners must repair torn carpeting, broken flooring, and loose handrails or stairway treads.
- Poor lighting. Inadequate lighting makes it difficult to see obstacles, stairways, and changes in walking surfaces.
- Icy walkways. A property has a duty to remove ice and snow from exterior walkways.
- Damaged exterior. Property owners must keep walkways, parking lots, and grounds in adequate condition by repairing cracks, holes, and trenches.
Serious Injuries Resulting from Slip & Fall Accidents
Slipping and falling in public is not only embarrassing, but it can also lead to some serious medical issues. The CDC estimates that up to 30% of all people who are involved in a slip and fall accident will suffer moderate to severe injuries. Some of the most common injuries resulting from the accidents include:
- Traumatic brain injury
- Spinal cord injuries
- Broken bones and fractures
- Muscle strains
What Kind of Damages Can I Seek?
Slip and fall accidents can result in serious and life-altering injuries. Even a slip & fall that seems minor at the time can be anything but. Instead of being an inconvenience, these incidents can have painful repercussions and result in significant damages.
If you have been involved in one of these accidents, you have the right to seek compensation for your losses from the responsible party. Those damages might include medical expenses, lost wages, and pain and suffering.
While these damages may be available, being able to collect them isn’t a guarantee. First, there are time limits to file a slip and fall claim in the state civil courts. The statute of limitations is just one year from the date of the accident. Second, you must also be able to prove your case against the negligent party.
Who is Responsible for a Slip & Fall Accident?
In short, a property owner may be held legally responsible for your injuries if they were negligent. Whether it is a business or homeowner, the owner of that property has a duty to keep their premises free of unreasonable hazards. If there is a hazard present, they must warn people so that no accidents or injuries occur.
You must be able to prove that the property owner either created the hazardous condition, knew about the condition and failed to fix it, or should have reasonably known about the condition because it was obvious. Then, you will need to show that the hazard was the cause of your injuries.
What if I Am Partially at Fault for My Accident?
If you are making a slip and fall claim in Kentucky, it’s important to understand that a property owner might try to undermine your case by arguing that you bear some of the responsibility for the accident. Kentucky has a “comparative negligence” rule, meaning the amount of your damages could be reduced if it is determined that you were partially at fault in the accident.
Assuming that the total of your damages comes to $100,000, but a jury finds that you were 30% at fault in the accident, you would only be entitled to collect $70,000. Even cases that don’t make it to trial can be impacted by this rule if there is enough evidence showing that you played some role in the accident.
Even if a property owner has deep pockets, they would rather pay to bring up certain defenses to minimize their loss exposure. Some of the common allegations that a plaintiff might make in a slip and fall case include:
- The injured party wasn’t paying sufficient attention when they were walking in the area.
- The claimant was in an area that was closed off to the public.
- The dangerous condition was so obvious that the victim should have avoided the area.
Because property owners, their insurance companies, and attorneys will likely try to fight your claim or give you a low-ball offer for settlement, it’s vital that you speak with an experienced premises liability attorney as soon as possible about your case.
Louisville Slip & Fall Accident Attorneys
If you or a loved one have fallen and believe that it is due to the negligence of a property owner, we recommend you contact John H. Ruby & Associates. We are anxious to listen to your story during your free consultation and will let you know whether you have a case.
We have an office conveniently located in Louisville. There are never any fees until your case is settled. Contact us now at 1-888-367-1969 or reach us online to schedule your free consultation.