“Slip and fall” claims refer to injuries that occur after a dangerous condition causes a person to slip, trip, or fall while on someone else’s property. These accidental injuries are included in an expansive category of law known as premises liability.
Knowing the Risks of Premises Liability
Hazardous conditions that can cause someone to slip and fall include:
- Loose flooring
- Uneven sidewalks
- Slippery or wet spots on floors
- Torn carpeting
- Poor lighting
- Worn steps
- Crowded aisles
- Holes hidden by carpeting or grass
- Broken, missing, or loose handrails
- Snow or ice.
Liability for slip and fall injuries depends on whether the property owner owed the injured person a duty of care and, if so, whether that duty of care was breached. Because such complex legal questions are involved, it is important to consult an attorney if you have slipped and fallen on another person’s property. For more than 15 years, the experienced KY premises liability lawyers of the Johnson Law Firm have been helping victims throughout Kentucky, with a concentration in Pikeville and surrounding areas.
To see how we can help you, contact us for a free consultation by filling out this evaluation form, calling us toll-free at 606-433-0682.
Who Is At Fault?
Our firm understands that the most important factor in determining liability in slip and fall claims is the relationship between the injured person and the property owner. For example, if the injured person is an invitee, he is owed the highest duty of care because he was invited upon the property to conduct business. Invitees are the most common relationship. In fact, you may not even realize that you are considered to be an invitee when you are shopping at a store or going to the movies. As far as invitees are concerned, property owners must use ordinary care to keep their property in reasonably safe condition, and must actively look for and fix problems. If the problem cannot be corrected, invitees must be warned.
In contrast to an invitee, a guest at another person’s house is considered a licensee. That is, a person who is on another’s property with their consent for a social, non-business reason. In terms of the level of duty owed, licensees are considered to be somewhat comparable to invitees. Property owners must use ordinary care to fix problems that pose an unreasonable risk of harm or they must warn licensees of the problem.
The highest duty of care means that commercial landowners have to provide a safe location for customers and visitors, so that slipping and tripping is unlikely. For a business to be held responsible for an injury, it must be shown that the injury was caused by a dangerous condition that the injured person should not have anticipated under the circumstances and that the business knew or should have known the dangerous condition existed.
The lowest duty of care is owed to a person who is trespassing on another’s property without permission. There is no duty to warn a trespasser of dangerous, natural conditions. However, under certain circumstances, the owner does have a duty to warn a trespasser of risky, manmade conditions.
Slip & Fall Compensation
Of course, everyone has a responsibility to watch where they are going. If someone was careless in not seeing or not avoiding the condition that caused the fall, this behavior will be taken into consideration. Under the doctrine of comparative negligence, the injured person can still receive compensation, but the amount is reduced by his degree of fault.
An unexpected slip and fall can result in back injuries, head injuries, broken bones, and other injuries with long-term consequences. Protect yourself and your loved ones by filling out this evaluation form, calling us toll-free at 606-433-0682. We’re ready to help with a free initial consultation. Leave the legal matters to us and focus instead on your recovery. We have effectively represented numerous individuals who have been injured through the actions of another person or company. Let us help you.