According to the National Center for Health Statistics, medical consults related to falls totaled nearly 13 million in 2011. A property owner or occupier must maintain the property in such a way as to not cause an unreasonable risk of harm to another. The “status of an entrant” on the land determines the responsibility of the occupier in reference to warning him or her about slip and fall and premises dangers on the property.
The Louisville slip and fall attorneys at our Kentucky law firm are experienced in litigating these injury cases and can help you in your time of need. If you’ve recently been injured in a slip and fall accident in Kentucky and are looking for answers to your legal questions, contact our Louisville premises liability lawyers today to discuss the details of your case with an experienced injury attorney.
Louisville Slip & Fall Resources
Licensees refer to individuals who are invited onto the property but enter for their own benefit. For example, party-goers are considered licensees. A licensee is owed a duty of reasonable care and must be informed of any potentially dangerous condition of which the possessor is aware.
Invitees enter the property with the permission of the occupier and for the benefit of the occupier. A customer is considered an invitee. An invitee is owed a duty of reasonable care and must be informed of any potentially dangerous conditions of which the possessor is aware as well as conditions that should be known.
Trespassers are not invited by the possessor. The possessor does not owe a trespasser any duty with regard to the property’s condition; even so, there are times when a trespasser files suit.
An invitee must be able to prove several things, including that a dangerous condition on the property caused an unreasonable risk of injury to him or her, that the possessor knew about or should have known the condition existed through ordinary care, that the possessor failed to warn the invitee of, remove or fix the hazardous condition, and that the invitee sustained “slip and fall” injuries due to the negligence of the possessor.
Fractures are the most common type of injury sustained due to a slip, trip or fall. There are certain locations or conditions that increase the risk for an individual to fall.
These areas include:
Slip and fall accident victims need to be aware that they have a limited amount of time to file lawsuits in these cases. The Kentucky personal injury statute of limitations is one year from the date an injury occurs (Kentucky Revised Statutes section 413.140(1)(a)). This time frame is much shorter than the deadline imposed by other states across the country, and this means that injury victims must act quickly. If a slip and fall accident victim fails to file a lawsuit within this one-year timeframe, they will lose the ability to recover any compensation for their injuries.
We do want to point out that the Kentucky personal injury statute of limitations has no bearing on any deadline put in place by insurance carriers that may be involved in the case. Insurance carriers typically require that all incidents be reported very soon after they occur. For slip and fall accident cases, this could include homeowners insurance or a commercial insurance policy obtained by the property owner.
When dealing with all of the confusing time limits in place in the aftermath of a slip and fall accident in Louisville, we strongly suggest that you work with a skilled attorney who can walk you through this entire process. An attorney will examine the facts of your case and make sure that any claim gets filed on time.
Determining fault in the aftermath of a slip and fall accident in Louisville, Kentucky, can be challenging. When these incidents occur on somebody else’s property, you can be sure that the property owner and their insurance carrier will do everything they can to avoid being blamed. That is why the attorneys at Meinhart, Smith & Manning, PLLC work diligently to obtain all evidence necessary to prove liability for the incident. Our team will gather as much evidence as possible so we can prove to insurance carriers or a personal injury jury exactly what happened. Some of the most common types of evidence we gather in these cases include the following:
Our personal injury lawyers understand that proving fault in these cases often involves going up against well-funded property owners and their insurance carriers. However, we use our resources to match their resources so that our clients are properly looked after and that the case is fully investigated by someone on their side.
Slip and fall accidents generally occur on residential, commercial and public lands. Depending on the location where the accident occurred an individual, a business or a government entity may be responsible for the damages suffered by a slip and fall accident victim.
If a slip and fall injury has occurred, it may be in the victim’s best interest to pursue compensation for the damages suffered. This is especially true if the owner of the property acted negligently with regards to their premises.
The owner of a business can be responsible for the injuries suffered, if the victim can prove that the owner was negligent in maintaining the grounds where the injury occurred. If someone slips and falls within a store, it is not always a result of negligence from the business. Rather to prove that the owner of the premises was liable for the injuries that occurred, it is generally required that the owner of the premises must have been liable, did not act reasonably, was not caused by the victims own careless actions and these negligent actions resulted in the injuries suffered.
Common reasons why the owner of a property can be held responsible in a slip and fall accident include:
If you or a loved one have fallen and believe that this slip and fall could have been avoided with proper maintenance, our Louisville slip and fall lawyers can help.
There is no set amount of money available for a slip and fall accident case in Louisville. Rather, there are factors related to each particular slip and fall situation that will affect how much compensation it victim can receive. Our Louisville slip and fall injury lawyers are regularly able to help clients recover both economic and non-economic compensation in these cases, including the following:
The workers’ compensation system in Kentucky is robust. Employees in this state have significant protections in the event that they sustain an on-the-job injury. In the event you suffer an injury after a slip and fall incident at work in this state, you should be able to recover various types of compensation for your losses. This includes coverage of:
The workers’ compensation system in Kentucky is considered a “no-fault” type of insurance system. This means that the injured employee should be able to recover compensation regardless of who caused the injury at work, with a few exceptions. For example, if a person sustained an injury when they were intoxicated by alcohol or drugs, they may not be able to recover compensation for their losses. Additionally, if the injury occurred when a person was off the clock and not performing job-related duties, they will likely not be able to recover compensation.
As we mentioned above, the workers’ compensation system in Kentucky is considered no-fault. This means that an employer’s workers’ compensation insurance carrier will be responsible for paying for medical bills and lost wages for any person who sustained a slip and fall injury while they are at work. Regardless of whether or not the employer is involved, the worker will be able to recover this compensation.
However, we do need to point out that workers in this state will be unable to recover various types of non-economic damages as a result of injuries sustained on the job. For example, in a traditional personal injury case, injury victims will typically be able to recover pain and suffering damages or loss of quality of life damages. These types of damages are not recoverable through the workers’ compensation system, regardless of whether or not the employer was at fault and caused the slip and fall accident.
However, independent contractors not covered through workers’ compensation may be able to file a personal injury lawsuit against the person they are providing services for if that person caused the slip and fall injury. In these cases, the injury victim would be able to recover various types of compensation if their case is successful. This can include coverage of medical bills, lost wages, pain and suffering damages, loss of enjoyment of life damages, and more.
If you have sustained a workplace slip and fall injury and have any questions about whether or not you can recover compensation, you may need to speak to an attorney about your case. In particular, we recommend talking to an attorney who has experience handling work injury claims in the state of Kentucky. Workplace injury cases often function a little bit differently than other types of personal injury claims, so make sure your attorney can handle the situation.
If an individual sustains injuries due to the negligence of another, he or she has legal rights and may be able to file a premises liability lawsuit with the help of a Louisville slip and fall lawyer for their slip and fall accident. Any individual who believes he or she has sustained injuries from a slip, trip and fall accident due to the negligence of another. To discuss how our personal injury attorneys can help, contact our Louisville injury attorneys today for a free consultation.