A slip and fall accident can lead to devastating injuries and costly medical bills. These accidents occur when a person loses his or her balance because of a ground level obstruction or unsafe surface and falls as a result. Trip and falls may be actionable if caused by the negligence of another and resulted in injuries or financial losses to the victim.
If you were hurt in a slip and fall, our Bowling Green attorneys can assist you in filing a lawsuit for compensation.
How Our Attorneys Can Help With These Claims
Our Bowling Green attorneys will work with you to determine if you have a viable slip and fall case. In handling your claim, your attorney may:
Gathering evidence helps prove that the owner or occupier was negligent in maintaining the property and that this negligence contributed to your injuries. It is important to contact an attorney as soon as possible following a slip and fall accident, because witnesses often forget important details. Over time, pieces of evidence may become lost or destroyed.
Assess Injuries and Necessary Medical Treatment
In many slip and fall cases, injured victims suffer back injuries, which are among the most difficult injuries to diagnose and treat. The severity of a back injury may not become apparent until several months following the incident. A medical expert will evaluate the extent of your injuries to help ensure you are fully compensated for the damages you suffered.
Negotiate a Settlement
As part of the settlement process, your attorney may present evidence detailing the economic and noneconomic damages you incurred as a result of the incident. If the settlement negotiations do not result in an adequate settlement offer, your attorney will prepare the case for trial.
Elements of a Kentucky Slip and Fall Lawsuit
Under Kentucky law, a person injured in a slip and fall accident must satisfy the following two elements to have a valid claim:
The owner had actual knowledge of the dangerous condition or should have reasonably known through the use of due care that the dangerous condition existed; and
The injured victim was unaware of the dangerous condition To prove that a property owner knew or should have known about the dangerous condition, your attorney may present evidence that the dangerous condition had existed for such a long period of time that it should have been discovered by the owner of the property if he or she had exercised reasonable care in inspecting the premises.
For instance, your attorney may present evidence that a department store’s employees were in the immediate vicinity of the dangerous condition and should have noticed and removed the hazard. Your attorney may also present evidence that the store was understaffed, and therefore, the store owner failed to satisfy the duty to maintain a property free from hazards.
Highlighted Slip & Fall: Elevators & Escalators
Approximately 24,000 people were injured incidents involving elevators and other lifts in 2014. Sudden stops, broken cables, power failures and faulty doors are the most common causes of elevator injuries, often resulting in slip and falls. These accidents can occur due to several different factors including:
Improper calibration: When an elevator car does not properly meet a floor level, unsuspecting riders often trip and fall as they exit the elevator.
Wet Floors: After being mopped, elevator floors can be wet and dangerous. If property owners do not warn elevator riders properly of these dangers, they can be held liable in a personal injury lawsuit.
Loose Clothing: Loose shoelaces or pant bottoms, caught between the steps of an escalator. A recently published study suggests that over 1,000 children under five are injured due to caught clothing incidents each year.
Property owners are required to regularly inspect their elevators make sure that elevators are properly maintained so that people do not get hurt.