Slip & Fall Accident Attorney in Hazard, Kentucky

Residential and commercial property owners have a legal duty to keep their premises safe for visitors and free of unsafe conditions that could cause harm, such as slip & fall accidents. Slip & falls are some of the most common types of accidents that may occur on someone else’s property.

As its name implies, a slip & fall accident occurs when a person slips, falls, and becomes injured on someone else’s property. If you or someone you care about has been injured on business or private property, you need to discuss your case with a slip & fall accident attorney.

At The Law Office of Kyle S. Hall, I assist clients in slip & fall cases in Hazard, Kentucky, and throughout the state of Kentucky, including Knott, Perry, Letcher, and Leslie Counties.

Premises Liability Law in Kentucky

Under premises liability law, a property owner can be held responsible for injuries that occur due to unsafe conditions on their premises. For example, if a customer at a grocery store suffers injuries after slipping on a wet floor, the owner of the store may be held liable for the injuries if the employees failed to exercise a duty of care to remove the dangerous condition within a reasonable amount of time.

The injured party can file a premises liability lawsuit against the owner of the property or another liable party to hold them responsible for the slip & fall accident. However, in Kentucky, the time limit to bring a personal injury lawsuit is one year from the date of the accident.

Building a successful personal injury case takes time and requires careful planning. For this reason, it is imperative to begin working on your legal claim as soon as possible after the slip & fall accident.

Common Causes of Slip & Fall Accidents

Slip & fall accidents account for most premises liability cases. Many slip & falls occur because of negligence on the part of the property owner. Some of the most common causes of slip & fall accidents include:

• Wet floors

• Cluttered walking spaces

• Inadequate lighting

• Liquid spills

• Freshly mopped floors

• Spilled drinks or food on the floor

• Rain, snow, or ice

Often, property owners argue that the injured visitor was at fault for the injury. In this case, the injured party may need the assistance of an experienced slip & fall accident attorney to determine liability and prove the property owner’s fault.

Who Is Liable for a Slip & Fall Accident?

The liable party depends on the circumstances of the slip & fall accident. Often, liable parties include:

• The Owner of the Property (Residential or Commercial): Property owners have a legal duty to keep their premises reasonably safe for their visitors and customers.

• The Occupier of the Property: When the owner of the property leases the property, the responsibility for inspecting the property and maintaining it in good condition shifts to the occupier of the property.

• The Business Owner: The owner of the business can be held liable for negligent acts or omissions on the part of their employees.

• The Government Entity: If a person is injured on public property owned and managed by a government entity, the injured person could file a premises liability lawsuit against the government entity.

Determining liability after a slip & fall accident can be a complicated process that usually requires an in-depth investigation. A skilled attorney can review the facts of your slip & fall accident and identify all potentially liable parties.

How to Prove the Owner’s Fault After a Slip & Fall Accident?

When pursuing a personal injury claim after a slip & fall accident, the injured visitor needs to prove the property owner’s fault. To successfully sue a property owner following the accident, the injured party needs to establish the following elements:

1. Duty of Care: The owner owed the injured party a duty of care to keep the premises in a safe condition and warn visitors of the unsafe condition.

2. Breach of Duty: The owner breached the duty due to the failure to keep the premises in a safe condition or failure to warn the injured party.

3. Causation: The owner’s negligence resulted in the slip & fall accident.

4. Damages: The person who was injured in a slip & fall accident suffered actual damages.

It may be necessary to hire a knowledgeable attorney to build a successful premises liability case and prove the property owner’s fault.

Pure Comparative Fault in Kentucky

Kentucky follows the system of pure comparative negligence. It means the property owner can blame the injured visitor for the slip & fall accident. Under the pure comparative fault law, injured parties who were partially or mostly at fault can still seek compensation for their losses and damages. However, the recovery will be reduced in proportion to their degree of fault.