Slip and fall accidents that occur on someone else’s property may entitle the victim to seek compensation through a premises liability claim. If you sustained injuries, a Lexington slip and fall lawyer from Thomas Law Offices is prepared to help you seek damages from the responsible party and their insurance company.
A slip and fall accident is sometimes regarded as one of the less serious types of personal injury cases. At our law firm, however, we know from experience that these accidents can result in highly severe injuries. Tragically, some of the most serious fall claims involve a wrongful death.
The moment you meet with our fall lawyers, you will understand how seriously we take fall injury claims.
If your injuries were caused by property owner negligence, Kentucky law gives you the legal right to seek compensation for lost income, medical bills, future medical expenses, and other related damages.
A free consultation is available for you at our Lexington, KY law office. Contact us by phone or online to schedule a case evaluation with our Lexington slip and fall lawyers today.
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Do I Need a Lawyer After a Slip and Fall Accident?
When property owners violate their legal duty to keep visitors safe, a personal injury lawsuit is the legal means by which justice can be restored to the injured victim’s life.
The role of a fall accident lawyer is to facilitate this complex legal process, support and advocate for the injured party, fully understand the laws that apply to the case, and negotiate a fair settlement award. Most Lexington slip and fall accident cases can be settled out of court, but if the insurance company refuses to offer fair compensation, your fall lawyers will also be prepared to litigate your case in a Kentucky courtroom.
It’s important to have the legal counsel of an accomplished and reputable law firm on your side. Without a strong attorney-client relationship, you will find the process to obtaining compensation to be a difficult, stressful, and sometimes impossible one.
Insurance companies that know you don’t have legal representation may not treat you with the respect you deserve. They may take advantage of the fact that you are on your own—and actively employ deceitful tactics to reduce your compensation and convince you the amount is fair.
But can I afford to hire a lawyer?
At Thomas Law Offices, we believe money should never obstruct justice. We meet with clients for free, and we don’t take payment until we win your case. This is called a contingency fee model, and it allows victims of a serious injury to afford the highest tier of legal representation in Lexington, KY, without paying a penny upfront.
What Causes Slip and Fall Accidents in Lexington, KY?
A fall injury lies within the legal practice area of premises liability law. Premises liability cases seek to address property owner negligence. If an accident occurs on another person’s property, your slip and fall lawyers will investigate to see what conditions caused your accident, and whether the property owner had a legal duty to protect you from those conditions. If a property owner knew about dangerous conditions and failed to fix them, they may be held liable for damages incurred by the injured person.
Some of the most common causes of slip and fall accidents in Lexington, KY include:
Unsafe Indoor Walking Areas
- Wet floors
- Grease or oil on a slick floor
- Loose carpet
- Bathrooms without traction
- Uneven transitions between rooms or different types of flooring
- Unsecured floorboards
- Wires or cords strewn across walking areas
- Objects and clutter left in paths
- Shopping carts, debris, garbage, or other objects left in pedestrian paths
- Snow or ice that has not been cleared or salted
- Cracked sidewalks
- Uneven pavement
Dim or inadequate lighting can cause a person to trip and fall when walking through parking lots, garages, or through an interior walkway. A lack of adequate lighting can also increase the risk of criminal activity on a property.
Stair, Elevator, and Escalator Issues
Property owners have a duty to maintain stairs, elevators, and escalators in proper working order. Elevator and escalator accidents can cause serious injuries and even a fatality. Stairwells should be brightly lit, with well-secured treads and handrails that cannot come loose and cause a slip and fall incident.
What Is the Most Common Location for a Slip and Fall Accident?
A trip and fall accident can happen anywhere a property owner fails to address a dangerous condition. In Lexington, Kentucky, premises liability cases may involve personal injuries that occur at:
- Grocery stores
- Restaurants, bars, and nightclubs
- Private residences
- Nursing homes
- Shopping centers and malls
- Stadiums and event venues
What Groups Are Most at Risk for Slip and Fall Injuries?
Anyone can be the victim of a slip and fall accident, but statistics show us that older adults are most vulnerable when it comes to fall injuries. Not only are seniors more likely to fall, but their risk of severe injury is much higher if they do. According to WHO data, 20-30% of all seniors who fall in the U.S. suffer a moderate to severe injury like broken bones or head trauma.
Other groups at high risk of suffering a slip and fall accident include:
- People who work at elevated heights, such as roofers and construction workers
- Those with underlying medical issues that affect mobility and balance
- Individuals residing in nursing homes and long-term care facilities
- People with limited vision
- Those taking prescription medications with debilitating side effects
A Kentucky slip and fall accident can result in serious consequences that require extensive medical treatment. Common slip and fall injuries among children, adults, and older adults include:
- Concussions and more severe traumatic brain injuries
- Broken bones, including hip fractures and broken ribs
- Spinal cord injury
- Shoulder injuries
- Sprains and torn muscles, tendons, and ligaments
- Dislocated joints
- Blood loss
- Nerve damage
- Organ damage
How Do I Know if I Have a Slip and Fall Case?
Any slip and fall claim requires you to prove the following points:
- The property owner owed you a duty of care
- The owner breached their duty to keep you safe from harm
- This breach of duty caused your accident
- You sustained injuries in the accident that resulted in compensable damages
A property owner has a duty to keep their premises reasonably safe. This means eliminating known dangers, fixing hazards that appear on the property, and warning of dangerous conditions with signs, ropes, or other means.
Your fall attorneys will work to prove that the property owner knew of the danger or unreasonable risk and had the opportunity to fix it, yet neglected to do so. If the property owner did not know of the dangerous condition, your fall injury attorney may be able to prove that they should have known—and would have known, had they only conducted reasonable and timely maintenance and inspections.
How Can I Prove Negligence Caused My Injuries?
An experienced slip and fall attorney knows how to collect evidence proving that negligence caused your injuries and resulting damages. This is an important step in any personal injury case, whether it is a car accident, medical malpractice, or a premises liability case like a slip and fall accident. Without proving negligence, you will have no grounds to recover damages.
At our law office, we often examine evidence like that listed below when investigating slip and falls in Lexington:
- Surveillance and security video
- Photos or cell phone videos taken of the accident scene
- Eyewitness statements
- A police report or incident report made by the property manager
- Your account of the events
- Expert witness testimony
- Records of past incidences at the same property
How Long Do I Have To File a Slip and Fall Lawsuit in Lexington?
Kentucky law limits the amount of time you have to file a lawsuit after a personal injury to just one year. In some cases involving property damage only (no physical injuries), the law may allow up to two years.
If the deadline passes, you are no longer entitled to seek compensation through a personal injury claim, no matter how severe your injuries or how substantial your medical expenses, lost wages, and other financial losses.
Compensation for Victims of Slip and Falls in Kentucky
A successful fall claim filed within the statute of limitations will allow you to recover damages. Depending on the type and extent of your losses, your compensation will generally go to cover economic damages like:
- Medical bills
- Cost of future medical treatment
- Lost wages
- Loss of future earnings
As well as non-economic damages like:
- Pain and suffering
- Emotional anguish
- Diminished quality of life
- Scarring and disfigurement
Can I Recover Compensation if I’m Partly at Fault for My Slip and Fall Injuries?
Kentucky has a pure comparative negligence (or pure comparative fault) law when it comes to slips and falls on someone else’s property. Under this law, more than one person can hold partial responsibility for the accident.
So, for example, if you were distracted by cell phone use at the time of your fall, the insurance company may ascribe part of the blame to you. Your fault will be given a percentage (such as 20% at fault), and your compensation award will be reduced by the same percentage.
If you are determined to be partially at fault, your fall attorneys from our law office will make sure you are not unfairly given a higher percentage of blame than the situation warrants.
What Should I Do After a Slip and Fall Accident?
After a Lexington slip and fall, we advise you to take the following actions:
- Obtain emergency medical care if necessary
- Report the incident to property owners or managers
- Call 911 if the accident is severe
- Communicate with police if they are called to the scene
- Take pictures and video of the accident scene before the hazard is cleared
- Get contact information from any eyewitnesses
- Obtain a copy of the police report and the incident report made by the property manager
- Schedule a complete physical exam with your primary care physician
- Arrange a free consultation with an experienced Lexington slip and fall accident lawyer
Find a Lexington, KY Fall Lawyer You Can Trust
A strong attorney-client relationship is built on a foundation of trust. While we are proud of our victories and the testimonials given by past clients, we at Thomas Law Offices want you to see for yourself why ours are some of the most trusted legal advocates in Lexington, KY.
A free consultation is the beginning of your legal journey. But our commitment does not end there. When we take your case, we promise to be by your side through every step of the claims process. Both in and out of the law office, we are attentive, communicative, and understanding of the needs of our clients. Our clients know they can always reach us when they need us.
How can we help you reach recovery and financial security? We look forward to learning what we can do for you during your free consultation at our law office.