Who Is Liable for My Injuries Sustained in a Fall?

Tate Meagher with the Meagher Law Office.

One of the frequent questions I get from someone who’s been involved in a fall on a business premises is, ultimately, who is liable for my injuries as a result of my fall?

Determining Liability

As an attorney, and as the business owner or the defendant in your case, or their insurance company, what we want to look at is and try to predict is what a jury of strangers would determine in your case. Who would they decide to be at fault for your fall?

Duty of Business Owners in Kentucky

In Kentucky, business owners for businesses that are open to the public have a duty to inspect for dangerous conditions that might cause someone to fall on the premises. If they breach this duty, they can be held liable. For example, if they aren’t conducting routine inspections and a dangerous condition, such as a crack in the floor or spilled milk in a grocery store, isn’t addressed, and you fall because of that condition, the business can be held liable.

Comparative Negligence in Kentucky

Kentucky is a comparative negligence state. This means that a plaintiff can recover for their damages even if they are partially at fault for their fall, as long as they are not determined to be 100% at fault.

Example Scenario

If a plaintiff goes into a store and falls on a wet floor, and there’s a wet floor sign placed far from the actual spill, a jury might find the store at fault for not properly warning customers of the hazard. However, the jury might also find the plaintiff partially at fault if they should have seen the spill.

For instance, if the jury determines that the store is 50% at fault for not placing the sign correctly and the plaintiff is 50% at fault for not noticing the spill, the plaintiff can still recover damages. They would recover 50% of their damages from the store or its insurance company but would be out the other 50% that they are deemed at fault for.

Importance of Consulting an Attorney

Every case is different, and the facts of each case can vary greatly. Predicting what a jury might decide in any given case is not easy, but an experienced attorney can help evaluate your case and advise you on your legal options. I highly encourage you to consult with an attorney if you’ve been involved in a slip and fall or trip and fall on business premises and have been injured as a result.