Slip And Fall Lawyer
When you go out to eat, shop at the mall, head to the grocery store, or even take the family to an amusement park, you aren’t on high alert for hazards that could cause you to slip and fall. Yet these are prime places for such accidents to happen.
Accidents happen. We all know this. After all, who hasn’t been out and about, in the course of their daily life, and tripped or slipped and fell. Incidents like this are not uncommon.
However, if your accident occurred because of dangerous conditions on another person’s property, and you suffered an injury, you may be entitled to compensation.
In the legal world, these incidents are known as “slip and fall claims” and they refer to this type of experience. These accidental injuries are included in an expansive category of law known as premises liability.
It is important to recognize that you are not responsible for another person’s or organization’s negligence. If you have been injured in a slip and fall accident, contact The Johnson Law Firm’s slip and fall attorneys at 606-437-4488 for information regarding your experience and learn about your legal options. The financial repercussions of these accidents can be considerable; you deserve to be compensated for your losses.
Kentucky Slip and Fall Lawyers Review the Facts
Premises Liability: What Is This?
At the Johnson Law Firm, we realize that legal terms can be confusing and result in a host of questions. As such, we pride ourselves on using language you can understand while explaining the technical terms you are likely to encounter.
Premises liability is the legal term that refers to the laws which hold property owners responsible for the safety of their premises. When someone is injured, because of dangerous property conditions, they may be entitled to damages. Among the conditions that may be considered hazardous and could cause someone to slip and fall are:
- 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
If you have suffered an injury because a property owner was negligent, you may wish to pursue a slip and fall, or premises liability suit. Working with an experienced slip and fall injury lawyer is critical. This professional will ensure that your case is filed correctly and that you meet all filing deadlines, including the statute of limitations. In Kentucky, for personal injury claims for slip and fall accidents, it is one year from the date the injury was suffered. However, there are exceptions, like for product defects. If you were not injured in your accident, but your property was (let’s say you dropped your computer during your fall) you could sue for those losses as well. In cases like this, the statute of limitations is two years.
Who Is At Fault?
Fault is a critical component of slip and fall cases. The Johnson Law Firm, slip and fall attorneys in Pikeville, can review your case and help determine who was at fault.
Liability can be difficult to understand. It is comprised of several components. For slip and fall injuries we would need to prove the property owner was liable. They must have owed the injured person a duty of care and that duty of care has to have been 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.
Duty of Care: An Explanation
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/she 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 are 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, man-made conditions.
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 completing this evaluation form, or calling us toll-free at 877-712-3620.
What Is Covered? Slip & Fall Compensation
Injuries resulting from slip and fall accidents can be considerable. If you have been injured and are considering a lawsuit, working with a slip and fall injury lawyer is important. In addition to managing the entire legal process for you, they can help determine the damages for which you should file. They will leverage their experience and ensure you include costs you may not think of on your own, including longer-term medical care and lost wages.
Awards for slip and fall accidents in Kentucky may cover both economic (reimbursement for actual expenses) and noneconomic (non-quantifiable) costs. These may include:
- Medical Bills
- Lost Wages
- Pain and Suffering
- Lost Future Wages
- Emotional Distress
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.
Frequently Asked Questions
A Kentucky Slip and Fall Law Firm Responds
If you have been injured in a slip and fall accident, you are probably wondering what to do. You likely have a host of important questions. Below, our slip and fall attorney has responded to some of the issues raised most often.
Will my case definitely go to court?
What can I do to help prove my case?
How long will it take my case to settle?
How much does it cost to consult with an attorney at your firm?
Should I wait to file my claim until I have recovered from my injuries?
Of course, you will have questions regarding your specific situation. We are happy to address these with you personally. Simply reach out to our slip and fall lawyers today at 606-437-4488.
Kentucky Slip and Fall Lawyers Stand Ready to Help
Contact Us Today
Without a doubt, 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 using our contact form or calling us at 606-437-4488.
We’re ready to help with a free initial consultation. Our firm is well regarded for the sympathetic manner in which we communicate with our clients. We know you are under considerable stress and we strive to make every step of this process as easy as possible. That said, when it comes to negotiating and litigating, we fight aggressively on your behalf.
When you work with us we will handle each and every step in the legal process and you can focus your energies where they are most needed – 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.
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