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The Buck Has to Stop Somewhere. Who is Liable for my Injuries Sustained in a Fall?

Imagine minding your own business, and suddenly your life turns upside down (literally). You are doing your usual shopping at your local grocery store. You peruse the stock at the produce aisle, pick up the best bunch of carrots you can find, and then – OUCH! You’re flat on your back with a throbbing headache. You see the culprit as you groggily inspect your broken eggs on the floor – a huge puddle of spilled milk.

You are completely disheveled and don’t know what your next move is. You don’t know who made the mess, so there is no use making a fuss, right? We at the Meagher Injury Lawyers believe that you have a right to cry over this spilled milk. Someone should be liable for your injuries in a fall.

Types of scenarios where injuries can be sustained

There is no limit to where someone can slip and fall. Do any of these relate to you?

  • Parking garages
  • Sidewalks
  • Dimly lit Stairwells
  • Escalators
  • Groceries shops
  • Office structures
  • Department stores
  • Pubs

Who is liable for my injuries sustained in a fall?

Considering the list above, you must ask who produced the dangerous conditions that led to your injury in order to decide who is liable for injuries in a fall or accident. Schedule a consultation with a qualified personal injury attorney at Meagher Injury Lawyers and tell us what happened. We can help determine who is liable for your injuries. Depending on the circumstances, it could be any one of the following:

  • Private Businesses. This could be any type of company, like a restaurant or retail shop. For instance, the grocery store is liable if you slip and fall there due to a floor with an unaddressed spillage.
  • Individuals. You may be visiting the private residence of a person and trip on an exposed broken tile. The owner of the home allowed a dangerous environment.
  • A government entity. If you are injured in the street or sidewalk, you may have some recourse. Sidewalks and roadways should be maintained by the state or local government. Their failure to adhere to their duty can result in liability against the government.

Louisville, Kentucky Rules for Comparative Fault

It is important to note that they may pass the buck to you and assert that you are liable for injuries in a fall. You might discover that the person or business you want to hold accountable for your accident turns the tables and claims that you are somewhat or entirely to blame for your injuries when you take legal action. Kentucky uses a “comparative fault” criterion to determine how much money should be awarded when an aggrieved party is found to share culpability for an accident.

A phrase you may hear: Reasonable Care

This is simply the level of caution and worry for one’s own and other people’s safety that a normally cautious and sane individual would exercise in the same situation. It serves as a minimum requirement that must be satisfied, and failure to exercise reasonable care in a given circumstance might put the owner of premises in jeopardy of being guilty of negligence.

How much time do I have?

Under the Kentucky statute of limitations, section 413.140 states that you only have one year from the date of the slip-and-fall incidence to make a claim. It is unlikely that your case will proceed to the courtroom if you do not lodge a claim within a year of the date you were hurt.

There is a statute of limitations deadline because, for example, with age, your recall of the events leading up to your slip-and-fall incident may become hazy.

What needs to be proven

So now you understand the urgency. Let’s talk about what you have to establish to get the compensation you deserve from the person liable for injuries in a fall. Firstly, it is up to you to demonstrate that your injuries were caused by someone else’s carelessness or recklessness in order to receive payment.

Secondly, proving your case can be done by checking off the following:

  • You were owed a duty of care from the property owner
  • The property owner breached their duties
  • You were injured in the accident due to the breach

In slip-and-fall cases, the following sorts of evidence are frequently presented to support an injured party’s case:

  • Eyewitness testimony
  • Medical records and medical opinions
  • Images taken contemporaneously to the event
  • Accident statistics

How much could I receive?

The amount of compensation you will get for your slip-and-fall case depends on how bad your injuries were and whether the property owner knew about the hazardous condition beforehand. You might be compensated if you bring a case for the following:

Economic loss

  • Medical costs, fees, or prescription drugs
  • Lost revenue (what you would have made if you were able to work)

Non-economic loss

  • Physical and emotional pain
  • Punitive damages. The Court may award damages to deter future premises owners by making an example out of the entity or individual you have sued.

Bring all your documents and photos and come in to speak with us or give us a call. We can assess your claim and give you an idea of what you can realistically get. At the Meagher Law Firm, we are very passionate about fighting for you and helping you get back on your feet as soon as possible.