Injured Because of a Dangerous Property Condition?
A serious fall can happen in seconds and cause injuries that last a lifetime.
At Bates & Slone Attorneys at Law, we have decades of experience handling slip-and-fall and premises-liability cases and have recovered millions of dollars for our clients.
We understand Kentucky premises-liability law and the issues that can determine whether a property owner, business, or other responsible party can be held liable for an unsafe condition.
If you were seriously injured because of a dangerous condition on someone else’s property, talk with us about what happened.
Call Bates & Slone at (606) 785-5581 for a free consultation.
No attorney’s fee unless we recover money for you.
Slip-and-Fall Cases Are Not Always Simple
People sometimes assume a slip-and-fall case is straightforward:
Someone fell on another person’s property, so the property owner must be responsible.
Kentucky law is more complicated than that.
The fact that an accident occurred on someone else’s property does not automatically make the property owner liable. At the same time, the fact that a dangerous condition may have been visible does not necessarily end the inquiry.
A proper premises-liability case requires examining the condition that caused the injury, the circumstances surrounding the accident, the responsibilities of the parties, and Kentucky law.
At Bates & Slone, we investigate why the fall happened and whether another person’s or company’s negligence contributed to the injury.
What Is Premises Liability?
Premises liability generally involves injuries caused by dangerous conditions on property owned, occupied, or controlled by someone else.
These cases can arise at:
- Grocery stores
- Retail stores
- Restaurants
- Hotels
- Shopping centers
- Office buildings
- Apartment complexes
- Parking lots
- Sidewalks and walkways
- Schools
- Businesses
- Private residences
- Other commercial or residential properties
The legal responsibilities involved depend upon the circumstances.
A premises-liability investigation may examine who owned or controlled the property, who created the dangerous condition, how long the condition existed, whether reasonable inspections were performed, what warnings were provided, and what steps could reasonably have been taken to prevent the accident.
Common Causes of Slip-and-Fall Accidents
A serious fall may result from many different hazardous conditions, including:
- Wet or slippery floors
- Spilled liquids
- Ice and snow
- Uneven flooring
- Broken pavement
- Potholes
- Defective sidewalks
- Loose rugs or mats
- Broken or deteriorated stairs
- Missing or defective handrails
- Poor lighting
- Debris in walkways
- Merchandise or objects obstructing aisles
- Unexpected changes in floor elevation
- Unsafe entrances and exits
- Other dangerous property conditions
The important question is not simply whether someone fell.
The investigation should determine what caused the fall and why that dangerous condition existed.
Kentucky Slip-and-Fall Law Can Be Complicated
Kentucky premises-liability law has developed significantly over the years.
One issue that frequently arises is whether the condition that caused the accident was visible or “open and obvious.”
A property owner or insurance company may argue that an injured person should have seen the condition and avoided it.
But the analysis does not necessarily end there.
Kentucky follows comparative-fault principles. Questions involving the property owner’s duties, the condition of the property, the injured person’s actions, foreseeability, and allocation of fault can require a careful examination of the particular facts.
That is why a serious slip-and-fall claim should be evaluated under current Kentucky law, rather than assuming that a visible hazard automatically defeats the case.
Grocery Store and Retail Store Falls
Falls in grocery and retail stores frequently involve liquids, food, merchandise, floor mats, recently cleaned floors, or other conditions in areas used by customers.
Important questions may include:
- What caused the dangerous condition?
- How long had it existed?
- Did an employee create it?
- Did employees know about it?
- Should it have been discovered through reasonable inspection?
- Were inspections actually being performed?
- Was a warning sign placed in the area?
- Is there surveillance video showing what happened?
- Are there incident reports or inspection records?
These questions often cannot be answered simply by looking at the accident report.
Evidence needs to be investigated.
Surveillance Video Can Be Critical
Many stores, restaurants, hotels, and other businesses use surveillance cameras.
Video can sometimes show the accident itself.
Just as importantly, video from the period before the fall may show how the dangerous condition developed, how long it existed, whether employees passed through the area, whether inspections were performed, or whether anyone attempted to correct the condition.
That evidence can be extremely important.
But surveillance footage may not be retained indefinitely.
If you were seriously injured in a fall at a business, prompt action may help identify and preserve video and other evidence before it disappears.
Evidence in a Slip-and-Fall Case
Depending upon the circumstances, useful evidence may include:
- Surveillance video
- Photographs of the dangerous condition
- Photographs of the surrounding area
- Witness statements
- Incident reports
- Inspection records
- Cleaning logs
- Maintenance records
- Employee schedules
- Repair records
- Prior complaints
- Prior similar incidents
- Weather information
- Property records
- Applicable policies and procedures
- Medical records documenting the injuries
Whenever possible, take photographs of the condition that caused the fall.
A puddle can be cleaned up. Ice can melt. A broken step can be repaired. Merchandise can be moved. Surveillance video can be overwritten.
Once that evidence disappears, recreating exactly what existed at the time of the accident can become much more difficult.
Falls Caused by Ice and Snow
Kentucky winters can create dangerous conditions in parking lots, sidewalks, entrances, steps, and other walking areas.
Claims involving snow and ice can raise complicated questions concerning the nature of the condition, how it developed, the responsibilities of the property owner or occupier, and the injured person’s own actions.
These cases should be evaluated based upon their particular facts and current Kentucky law.
Do not assume you have no claim simply because the condition involved ice or snow.
Falls on Stairs
A fall on a staircase can cause catastrophic injuries.
Potential problems may include:
- Broken steps
- Uneven stair heights
- Deteriorated materials
- Loose flooring
- Inadequate lighting
- Missing handrails
- Defective handrails
- Slippery surfaces
- Other unsafe conditions
Photographs and measurements can be especially important in a stairway case because repairs or alterations may later change the condition.
Serious Injuries From Falls
The phrase “slip and fall” can make these accidents sound minor.
They are not always minor.
A hard fall can cause:
- Traumatic brain injuries
- Hip fractures
- Shoulder injuries
- Back injuries
- Neck injuries
- Spinal injuries
- Knee injuries
- Broken arms or wrists
- Ankle injuries
- Nerve damage
- Permanent impairment
- Other serious injuries
Older adults can be particularly vulnerable to devastating injuries from a fall, including hip fractures and injuries resulting in a permanent loss of independence.
The seriousness of the legal claim should reflect the seriousness and long-term consequences of the injury.
What Compensation May Be Available?
The damages available depend upon the facts of the case and Kentucky law.
A person injured because of another party’s negligence may potentially seek compensation for:
- Medical expenses
- Future medical treatment
- Lost wages
- Impairment of the ability to earn money
- Pain and suffering
- Permanent injury or impairment
- Other damages recoverable under Kentucky law
There is no legitimate formula that determines the value of every slip-and-fall case.
We evaluate the individual circumstances of the accident and the effect the injury has had—and may continue to have—on our client.
What If the Insurance Company Says the Accident Was Your Fault?
This is a common issue in premises-liability cases.
An insurance company may argue:
“You should have seen it.”
“You should have watched where you were walking.”
“The condition was obvious.”
Or it may simply contend that its insured did nothing wrong.
Those arguments do not necessarily resolve the case.
Kentucky is a comparative-fault state. The conduct of everyone involved may need to be considered when determining responsibility.
A person should not assume there is no claim merely because an insurance company says the injured person was partially or entirely responsible.
The evidence and Kentucky law need to be examined.
What Should You Do After a Serious Slip and Fall?
Your health comes first. Obtain appropriate medical treatment for your injuries.
When possible:
- Report the accident to the property owner or business.
- Identify witnesses.
- Take photographs or video of the condition that caused the fall.
- Take photographs of the surrounding area.
- Preserve the shoes and clothing you were wearing.
- Keep copies of accident-related documents.
- Avoid signing releases without understanding what they mean.
If the injury is serious, consider contacting an attorney promptly so important evidence can be identified and preservation of video and records can be addressed.
Why Choose Bates & Slone?
Bates & Slone has decades of experience handling slip-and-fall and premises-liability cases and has recovered millions of dollars for our clients.
We understand that these cases are often defended aggressively.
The property owner may deny that a dangerous condition existed. The insurance company may argue that its insured did not know about the condition. Or it may attempt to place responsibility on the injured person.
We investigate the evidence rather than simply accepting the insurance company’s version of what happened.
We determine what caused the accident.
We investigate who was responsible for the property.
We seek available photographs, surveillance video, inspection records, maintenance records, witness testimony, and other evidence.
And when a case cannot be resolved fairly, we are prepared to pursue the claim through litigation.
No attorney’s fee unless we recover money for you.
Frequently Asked Questions About Kentucky Slip-and-Fall Cases
Do I have a case just because I fell at a business?
Not necessarily.
The fact that an accident occurred on someone else’s property does not automatically establish negligence.
The circumstances that caused the fall and the responsibilities of the property owner or other parties must be investigated.
What if the dangerous condition was obvious?
Do not automatically assume that means you cannot recover.
Kentucky premises-liability law and comparative-fault principles require consideration of the particular circumstances. The visibility of a condition can be important, but it does not necessarily answer every liability question.
What if the store says it didn’t know about the spill?
That is an issue to investigate.
Relevant evidence can include how the condition was created, how long it existed, employee activity in the area, inspection practices, cleaning records, surveillance video, and other circumstances.
Should I take pictures after a fall?
Yes, if you can safely do so.
Photographs of the exact condition and surrounding area can become extremely valuable because the property may look completely different later.
Can my lawyer obtain surveillance video?
Potentially.
Whether video exists and can be obtained depends upon the circumstances. Because some systems automatically overwrite older footage, addressing preservation promptly can be important.
What if I fell on ice or snow?
Claims involving ice and snow can present specific legal issues.
Do not assume that the existence or visibility of snow or ice automatically determines whether you have a claim. The circumstances should be evaluated under Kentucky law.
What if I was partly at fault?
Kentucky follows comparative-fault principles.
Being assigned some responsibility for an accident does not necessarily mean there can be no recovery. The effect depends upon the facts and allocation of fault.
How much is my slip-and-fall case worth?
It depends upon the circumstances.
Relevant factors may include the severity and permanence of your injuries, medical expenses, future treatment, lost income, impairment, pain and suffering, evidence establishing responsibility, and available insurance coverage.
How much does Bates & Slone charge?
We handle personal injury cases on a contingency-fee basis.
There is no attorney’s fee unless we recover money for you.
We will explain our fee agreement and treatment of case expenses during your consultation.
Slip-and-Fall Lawyers Serving Eastern Kentucky
Bates & Slone represents injured people in Hindman, Hazard, Pikeville, Prestonsburg, and communities throughout Eastern Kentucky and across Kentucky.
If you suffered a serious injury because of a dangerous condition at a store, restaurant, hotel, business, parking lot, apartment complex, residence, or other property, contact us to discuss what happened.
Seriously Injured in a Fall? Talk to Bates & Slone.
Decades of experience handling Kentucky slip-and-fall and premises-liability cases.
Millions of dollars recovered for our clients.
Let us investigate what caused your accident and determine whether someone else should be held responsible.
Call Bates & Slone Attorneys at Law at (606) 785-5581 for a free consultation.
No attorney’s fee unless we recover money for you.