PRESTONSBURG SLIP AND FALL ATTORNEY

Falls are one of the leading causes of injury for adults nationwide. A single fall can result in fractures, traumatic brain injuries (TBIs), or spinal damage, especially for older adults. Beyond the physical pain, many victims face time away from work, long-term rehabilitation, and lasting mobility issues.

Because these injuries can be life-altering, Kentucky law allows injured people to pursue compensation when a fall occurs due to unsafe property conditions.

The steps you take after a fall can significantly affect your health and any future claim.

First, seek medical attention right away, even if you believe your injuries are minor. Some injuries, including head trauma and internal damage, may not show symptoms immediately.

If possible, document the scene. Take photos of the hazard that caused the fall, such as wet floors, uneven pavement, ice, poor lighting, or debris. Report the incident to the property owner or manager and request a written incident report. If there were witnesses, collect their names and contact information.

Avoid giving recorded statements to insurance companies before understanding your rights.

Not every fall leads to a lawsuit, but many valid claims share common elements. In general, a slip and fall claim may exist when:

• A dangerous condition was present on the property
• The property owner knew or should have known about the hazard
• The hazard was not addressed or properly warned about
• The dangerous condition caused your injuries

Kentucky premises liability law focuses on whether the property owner acted reasonably under the circumstances. Determining this often requires investigation and evidence.

Liability depends on where the fall occurred and who controlled the property. Responsible parties may include:

• Retail stores and shopping centers
• Grocery stores and big-box retailers
• Restaurants and businesses
• Apartment complex owners or landlords
• Property management companies
• Government entities (for public property)

In some cases, multiple parties may share responsibility for maintaining safe conditions.

Kentucky recognizes the open and obvious doctrine, which property owners often use as a defense. They may argue that the hazard was clearly visible and that the injured person should have avoided it.

However, this rule does not automatically bar recovery. Courts still consider whether the property owner should have anticipated that people would encounter the hazard despite its visibility, especially in busy environments like stores or parking lots, where distractions are common.

Slip and fall accidents often stem from everyday hazards that go unaddressed, including:

• Wet or freshly mopped floors
• Spills and debris
• Uneven pavement or potholes
• Ice, snow, or rain accumulation
• Poor lighting in parking lots or stairwells
• Broken handrails or steps
• Wheel stops and curbs in parking areas

Weather-related conditions are especially common in Kentucky and can significantly impact liability when property owners fail to take reasonable precautions.

Yes. Large retailers have a legal duty to keep their stores reasonably safe for customers. Because these businesses invite the public onto their property, they are expected to regularly inspect their premises, address hazards promptly, and warn shoppers about dangerous conditions.

High foot traffic, stacked merchandise, pallet jacks, spills, and crowded aisles can all increase the risk of a fall when safety procedures aren’t followed. In busy retail environments, even small hazards can quickly lead to serious injuries if they go unnoticed or unaddressed.

Slip and fall claims against major retailers often depend on detailed evidence. Surveillance footage, cleaning and inspection logs, employee staffing levels, and records showing how employees responded before and after the fall can all play a critical role. When these records show that a hazard existed long enough to be addressed or that safety protocols weren’t followed, a retailer may be held responsible for the resulting injuries.

Strong evidence is often the key to a successful claim. This may include:

• Photos or videos of the hazardous condition
• Surveillance footage
• Incident reports
• Witness statements
• Medical records
• Maintenance and inspection logs

The sooner evidence is preserved, the stronger a case may be.

A slip and fall accident can affect far more than just your immediate medical needs. Depending on the severity of your injuries and how the fall has impacted your life, compensation may include:

• Medical expenses, including emergency care, hospital stays, surgery, rehabilitation, medication, and any future treatment you may need
• Lost wages, if your injuries forced you to miss work during recovery
• Reduced earning capacity, when injuries limit your ability to return to the same job or work at the same level
• Pain and suffering, covering ongoing physical pain and discomfort
• Emotional distress, such as anxiety, depression, or trauma, following a serious fall
• Disability or disfigurement, including permanent limitations or visible scarring
• Loss of quality of life, when injuries interfere with daily activities, independence, or enjoyment of life

Serious fall injuries, such as traumatic brain injuries, hip fractures, and spinal damage, often involve long-term or permanent consequences. Because of this, it’s important that any claim fully accounts for both current losses and the future impact of the injury.

Kentucky law imposes strict deadlines for filing premises liability claims. Missing these deadlines can permanently prevent recovery. Because timelines vary based on the type of property and defendant involved, acting quickly is critical.

Insurance companies frequently argue that the injured person wasn’t paying attention or that the hazard was obvious. They may also claim the dangerous condition appeared too recently for the property owner to address it.

These defenses make early legal guidance important, especially before providing statements to insurers.

After an investigation begins, your legal team gathers evidence, consults experts when necessary, and negotiates with insurance companies. Some cases resolve through settlement, while others may proceed to litigation.

Throughout the process, clear communication helps you understand what’s happening and what to expect next.

Hiring a slip and fall attorney at Morgan & Morgan does not require any upfront payment. We work on a contingency fee basis, which means legal fees are only paid if we win. With our The Fee Is Free® promise, injured people can pursue justice without added financial pressure.

Morgan & Morgan combines local insight with nationwide resources. With 35 years of experience and a trial-ready reputation, the firm is prepared to take on property owners, corporations, and insurers alike. When a fall causes serious injury, having a legal team that’s built to fight matters.

If you were injured in a slip and fall accident in Prestonsburg or anywhere in Floyd County, a free case evaluation can help you understand your options and next steps, without pressure or obligation.