If you’ve been in a slip-and-fall or premises liability accident in Louisville, KY, you may have some questions that a Louisville slip-and-fall lawyer at The Schafer Law Office can answer!
If you have been injured at a local store, such as The Fresh Market at 1805 Rudy Lane, or on someone else’s property, there are pieces of evidence you can collect before you leave to see a doctor. Only collect evidence if you are able and will not be putting yourself in danger. While you are at the scene of the accident, here are some things you should do:
Determining who’s at fault can be very challenging in Kentucky premises liability cases. Two key factors in determining liability are whether or not the property owner knew about the dangerous condition and if the injured party was careless with their actions.
In general, property owners cannot be held liable if they didn’t know about the dangerous condition. However, property owners who don’t routinely inspect their buildings can be held accountable for your slip-and-fall injury.
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If you’ve been injured in a KY slip-and-fall accident, you need to get legal advice from a Louisville slip-and-fall attorney as soon as possible. You’ll want to make sure any evidence that will help your case can still be gathered. You’ll want to make sure that the evidence is not destroyed.
A premises liability accident attorney can help you understand your case and Kentucky law. You want a premises liability attorney who cares about you. You’ll find all that and much more in Mike Schafer, Bryan Meader, and The Schafer Law Office.
With Mike Schafer and Bryan Meader on your side, you’ll be in good hands. The Schafer Law Office has been helping slip-and-fall victims get compensated for more than 25 years. Unlike big Kentucky premises liability law firms that sometimes have other people work on your case, Mike or Bryan is personally involved in every case.
The Schafer Law Office knows the challenges and pitfalls of Kentucky slip-and-fall injury cases, what kind of tactics are in use by the “other” side, and how to present the facts. They can handle the brutal tactics of the insurance companies. In fact, before Mike opened The Schafer Law Office, he worked for an insurance defense firm. He really knows all the tactics the insurance companies have up their sleeves.
Call us today to discuss your slip-and-fall case for FREE at (502) 584-9511.
People often want to know what their Louisville slip-and-fall case is worth, especially if they’re worried about medical bills and lost wages.
It’s a difficult question to answer, as everyone’s case is different. The value of your claim is constantly changing depending on the losses you’ve suffered. What this means is that as your medical bills go up and your lost wages increase, your case value changes accordingly.
The right approach is to speak to a Louisville slip-and-fall lawyer who can explain the variables that go into assigning value to a case and help you recover everything you are entitled to as you recover from your injuries.
The Louisville slip-and-fall attorneys at The Schafer Law Office are ready to speak to you. We offer free consultations, and you don’t pay unless we succeed! Call today at (502) 584-9511 to schedule your Kentucky slip-and-fall case review.
The level of duty of care that a property owner or other liable party owes to an accident victim varies depending on the reason for being on the property. There are three different types of visitors to private and public properties:
The duty of care that property owners owe to invitees and licensees is different from that owed to trespassers. However, trespassers can still file civil claims against property owners under certain circumstances. If the property owner willfully caused harm to trespassers, as would be the case if someone set up booby traps, that could still constitute a violation of their duty of care toward visitors.
The most obvious party that can be held liable for slip-and-fall injuries is the property’s owner. However, there are circumstances where other parties are held liable. You may be able to bring a claim against one of these parties, depending on the circumstances of your slip-and-fall case:
Determining who to file a claim against is one key aspect of getting you fairly compensated. Your attorney can evaluate your case and decide who should be held liable for your injuries.
Kentucky is a pure comparative negligence state. As a result, accident victims are still entitled to pursue compensation for injuries even if they were deemed partially at fault for them. If you’re wondering what would happen if you were texting while you slipped or wearing flip-flops that didn’t have a very good grip, you’ll be happy to know that these factors don’t rule out the potential for a settlement.
There is a catch. The court will reduce your settlement by the amount of fault you are assigned by the courts. That means if you were going to receive a $100,000 settlement, but you were found to be 20% at fault for the accident, you’ll instead get only $80,000. This rule applies to accident victims holding up to 99% of the responsibility for their injuries. Unless you were found to be 100% at fault, you can still hold the other liable party accountable for their role.
When someone slips and falls in a public area, like a mall or restaurant, the person who fell may take the blame for the injury. However, there are some instances where the property owner is at fault. For example, the property owner would be held responsible if they failed to use a wet floor sign when a floor is wet or slippery. The most common causes of a Kentucky slip-and-fall accident include:
Owners may fail to properly maintain the premises or equipment, such as doors or floors. This failure to maintain can cause an injury. The owner may be liable. If you have been injured on someone else’s property or business, you should always call a personal injury attorney to see if there is legal action you can take against the at-fault party.
In the past, if a hazard was open and obvious, meaning the person who was injured should have noticed the hazard and been able to avoid it, that barred the accident victim from recovering compensation. However, recent Kentucky Supreme Court rulings have shifted this attitude.
In Kentucky River Medical Center vs. McIntosh (2010), the court found that there is no absolute shield against liability for property owners in the event that the hazard that caused a visitor’s injuries was open and obvious. Invitees can be forgetful, oblivious, distracted, or unable to protect themselves. The courts now find that if property owners are aware of the hazard, they should be able to reasonably foresee a situation in which someone becomes injured.
In most cases, injuries caused by obvious hazards involve some level of liability on the part of the accident victim. Thankfully, thanks to Kentucky’s pure comparative negligence laws, accident victims injured due in part to their own distraction, or forgetfulness, can still recover some amount of compensation.
Injuries caused by slip-and-fall accidents can lead to significant pain, disability, and even death. Falls are the leading cause of traumatic brain injuries and, according to the Centers for Disease Control and Prevention (CDC), one out of every five falls causes a serious injury.
These injuries include:
It’s important to note that the symptoms of some types of injuries can be delayed for hours or even days. Adrenaline and endorphin release can mask the symptoms of soft tissue injuries and hairline fractures.
This is one part of the reason that we recommend seeking medical care as soon as possible after your accident, even if you’re not sure whether you’ve been injured. The doctor may be able to catch the injury earlier, leading to more effective medical interventions. Plus, it will be harder for the liable party’s insurance company to argue that your injuries were unrelated to the accident if they were diagnosed immediately after it.
Understanding the most common slip-and-fall injuries can make it easier for you to assess yourself after a fall, follow your doctor’s treatment plan, and work with your Louisville slip-and-fall accident lawyer to make a claim for compensation.
While it’s common to hear about slip-and-fall injuries, in reality, there are two different types of injuries covered under this section of the law: slips and trips. Here’s what you need to know about each of them:
Slip-and-fall injuries may be minor for young, healthy people, but they can take a serious toll on elderly property visitors. Fractures, including hip fractures, are more common in older adults who are more likely to struggle with issues like osteoporosis. According to the CDC, one in 10 falls in the elderly leads to injuries sufficient to restrict their activities for at least a day.
Each year, almost 319,000 older adults are hospitalized for hip injuries due to falls. According to one 2021 report, mortality rates for elderly patients with hip fractures range from 15% to 36%. The death rate for older adults with fractured hips is four times higher than that of the general population. In other words, it’s important to take slip-and-fall injuries seriously because they can lead to deadly consequences for some of our country’s most vulnerable people.
You’ve slipped in a puddle of unmopped water at your favorite mall. You should hire a Louisville slip-and-fall attorney right away.
There are two situations where you should get legal representation ASAP:
Even if you don’t think your injuries are too serious, it may be beneficial to speak to a KY slip-and-fall accident attorney. Many life-threatening conditions, such as traumatic brain injury, don’t show any symptoms right away, and if you are suddenly incapacitated, your attorney can help you pursue a claim more quickly.
If you’ve slipped, fallen, and injured yourself in a residential home, commercial establishment, or on public lands, you should hire a slip-and-fall lawyer to help you recover fair compensation for your injuries. Your lawyer can help you in the following ways:
The most effective way to improve your chances of recovering just compensation for your accident is to work with a skilled attorney who understands the ins and outs of slip-and-fall laws and how to leverage them to get you the money you deserve.
A: You have a specific amount of time to file a slip-and-fall case in Kentucky. The statute of limitations on a slip-and-fall or premises liability case is one year from the date of the incident. There are no time extensions on this type of case. Under Kentucky Revised Statutes section 413.140(1)(a), you have up to a year to take action, and an attorney can make sure you don’t miss the deadline.
A: The kinds of damages that can result from a slip-and-fall case can be broken down into two main categories. Economic damages include things like medical bills, lost wages, and loss of future earnings. Non-economic damages aren’t money-focused. They include things like pain and suffering, disfigurement, and disability. Your attorney can help you identify 100% of the damages to which you are entitled.
A: It can be hard to prove a slip-and-fall case. You’ll need to show that the property owner was aware of the issue that caused your fall and did not take action to resolve it or warn you of the potential danger. Additionally, you’ll have to prove that the fall led directly to your injuries and that you suffered actual harm as a result of them.
A: The hardest physical injury to prove is traumatic brain injury. The problem is that the symptoms of traumatic brain injuries are relatively subjective. You may be able to prove the existence of the injury using medical imaging, but you may not have anything concrete to show the impact it is having on your health. Instead, you’ll have to rely on first-person accounts of how the TBI has impacted your daily life.
The Louisville premises liability attorneys at The Schafer Law Office are ready to discuss your case. You can trust us to assist you with every aspect of your slip-and-fall claim. Our lead attorney has over 30 years of experience in the field and has written four books. Our legal team shares a passion for providing client-centered service and personalized attention, with Mike playing an involved role in every case.
Our consultations are always free, and you don’t pay unless we succeed! Call today at (502) 584-9511 or contact us online to schedule your Louisville, KY, slip-and-fall case review.
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