The legal issues in a slip and fall (or trip and fall) injury case can be complex. An injured person’s reasons for visiting the premises and whether they had permission from the owner of the premises to visit the land can be important facts. In addition, landowners often defend these cases by arguing that the injured person’s own lack of caution was the primary cause of the fall.
To build a compelling injury claim, a skilled Bardstown slip and fall lawyer usually needs to thoroughly investigate the incident to discover if it is possible to apportion liability on negligent landowners. An experienced personal injury attorney can also aid in evaluating your rights and help refute any allegations that your actions contributed to your own injuries.
Under Kentucky law, the distinction of visitors is very important when trying to hold a premises owner accountable for negligence. State law divides visitors onto premises into three separate categories:
A victim’s compensation award could be impacted depending upon their classification as an invitee, licensee, or trespasser. A knowledgeable slip and fall accident attorney can help properly cite the law regarding the status of visitors and try to help you overcome any attempt for a landowner defendant’s attempt to have your case dismissed before a trial.
Kentucky law determines the duty owed by a property owner to a visitor of the property based on their classification as an invitee, licensee, or trespasser. A trespasser is defined as one who comes upon the land without any legal right to do so. A licensee is one who comes upon the property with the consent of the property owner.
Lastly, an invitee is generally defined as one who comes upon the land in some capacity connected with the business of the property owner. Thus, any time you go to a grocery store, retail store, or virtually any other store open to the public, you are deemed to be an invitee.
For an invitee, landowners must discovery unreasonably dangerous conditions on the premises and either correct them or warn of them. This means that owners of property open to the public (i.e. restaurants, grocery stores, retail stores, hotels) must investigate on a regular basis whether any dangerous conditions that could result in a tripping or slipping hazard exist on their premises.
If the property owner discovers a dangerous condition, they must remedy the condition or warn of the condition. If they fail to take such action, the store faces potential liability due to anyone injured on the premises.
Property owners have a responsibility to warn licensees of known hazards or correct the dangers. They must also refrain from purposely injuring licensees.
Trespassers get the least amount of protection under Kentucky law. Generally, property owners are only liable to trespassers for injuries that are intentionally caused by the owner or someone acting on the owners behalf. A lawyer in Bardstown could help a plaintiff understand the laws governing slip and fall cases.
Once an injured plaintiff can prove that the property owner owed a duty to provide protection to the injured individual, they must show that the landowner breached this duty. Failures of this duty can include:
A skilled attorney could help injured parties prove negligence in a slip and fall claim.
A Bardstown slip and fall lawyer could help to gather the evidence needed to prove liability against a property owner. At Meagher Injury Lawyers, all legal consultations regarding any slip and fall or trip and fall injury claims are 100% free and we never take a fee unless we win your case. Call Tate today to get started with your free legal consultation!