Slip and fall accidents can lead to serious injuries that may require hospitalization and even long-term care. They can cause injuries such as broken bones, sprains, strains, and head injuries. In the state of Kentucky, property owners have a legal duty to maintain their premises in a safe condition for visitors. If they fail to uphold this duty, and it results in an accident, the injured party may be able to seek compensation for their losses.
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What is Negligence in a Slip and Fall Accident?
Negligence is when someone fails to take reasonable steps to prevent harm to others. In a slip and fall accident, negligence is often defined as a failure to maintain the property in a reasonably safe condition. In Kentucky, property owners are required to keep their premises free from hazards, or warn visitors of any potential dangers that exist.
Establishing Negligence in Kentucky Slip and Falls
To establish negligence in a slip and fall case in Kentucky, the injured party must be able to prove the following four elements:
1. Duty of Care
The property owner or occupier had a legal duty to keep the premises safe for visitors.
2. Breach of Duty
The property owner breached the duty to keep the premises safe by creating a hazard, or failing to repair a known hazard.
3. Causation
The breach of duty caused the slip and fall accident.
4. Damages
The injured party suffered damages as a result of the slip and fall accident.
Comparative Fault in Kentucky Slip and Fall Cases
In some cases, the injured party may be partially at fault for the accident. Kentucky follows the legal doctrine of comparative fault, which means that the amount of damages the injured party may recover will be reduced in proportion to their degree of fault.
For example, if the injured party was 20% at fault for the accident, their damages award will be reduced by 20%. However, if the injured party is found to be 50% or more at fault, they will be barred from recovering any damages.
Contributory Negligence in Kentucky Slip and Fall Cases
Another important factor to consider in Kentucky slip and fall cases is contributory negligence. This means that if the injured party had a hand in creating the hazardous condition that caused the accident, they may be barred from recovering any damages.
For example, if the injured party was running on wet floors and slipped and fell, they may be found to be contributorily negligent, and their damages award may be reduced or eliminated.
Statute of Limitations in Kentucky Slip and Fall Cases
It’s important to keep in mind that Kentucky has a statute of limitations for filing personal injury claims, including slip and fall cases. The injured party has one year from the date of the accident to file a lawsuit in court. Failing to file within this timeframe will likely result in the case being dismissed, and the injured party being unable to recover damages.
Seek Legal Representation for Your Slip and Fall Case
If you’ve been injured in a slip and fall accident in Kentucky, you may be entitled to compensation for your damages. It’s important to seek legal representation to help you navigate the legal system, and hold the negligent party accountable for their actions.
An experienced personal injury attorney can help you gather evidence, identify liable parties, and negotiate a fair settlement on your behalf. They can also represent you in court if necessary, and fight for your rights as a victim of a slip and fall accident.