Holiday Slip & Fall Accidents and Kentucky Law

The holidays are supposed to bring peace and joy, but it can also bring nasty weather that proves dangerous when it involves snow or ice. Here in Kentucky, we’re known for having unpredictable weather all year long. In the winter, we’re capable of having major winter storms that we, as Southerners, can’t always handle well.

You or someone else may not realize the potential for injury when snow or ice suddenly hits. Take a look at why you may need a premises liability attorney to help you navigate Kentucky law.

How Serious Can Slip & Fall Accidents Be?

We all know how risky it is to attempt to walk on ice. However, during the holidays, icy patches can sometimes be hidden in isolated areas on a property. This might occur on a business owner’s steps, or on an ordinary sidewalk.

What you may not know is that business owners are required to maintain their property so that it is reasonably safe for visitors.

Some typical and possible injuries due to falls include:

• Broken bones
• Concussions
• Serious head injuries, leading to potential lifelong brain damage.

Liability/ Responsibility is not always Clear

For residential properties, the owner of the home could be deemed negligent if they didn’t put in a good faith effort to clean up and/or warn of any slippery areas. Whether they’re responsible is determined by the evidence and what the cause of your fall was.

Businesses are usually held to a higher legal standard in maintaining property. The “at fault” laws come into play here because not all business owners own the property outright. If the business is leasing the premises, the legal property owner (or the company responsible for maintaining the exterior of the premises) might be considered negligent.

Don’t overlook comparative negligence laws in Kentucky, either. If the property owner claims you’re at least partly responsible for your fall, the business may still have to take partial responsibility in paying your claim.

Gathering the Evidence

Determining who was responsible for your fall and resulting injuries all comes down to compelling evidence.  First and foremost, be safe out there.  But if you or a loved one suffer an injury this holiday season that you believe was the fault of another, don’t wait to contact an experienced attorney for a consultation.

If you are hurt, always seek medical attention for yourself first. Then, if you are able, contact an experienced law firm as soon as possible. In case of severe injury, have someone close to you make the contact on your behalf.

Your attorney will review pertinent evidence.  Your attorney may review:

• The comparative fault aspect.
• Proof of negligence of the property owner.
• Proof of your injuries.

Keep your medical bills and reports in a safe place. These are used by your attorney to prove that your injuries could affect the rest of your life.

At Saladino & Schaaf, we have years of experience representing Kentuckians in premises liability claims, including slip & fall lawsuits. If you’ve been injured in a fall this holiday season, contact us online or at (270) 444-0406 today to schedule a free consultation.