A slip-and-fall accident can leave you with serious injuries and a huge medical bill. If you trip, slip and fall while lawfully on someone else’s property, you might want to pursue the liable party for damages. This is especially necessary if negligence had something to do with the accident that resulted in your injuries.
Here are 3 things you need to know about these kinds of claims:
What is the rule about negligence in slip-and-fall cases?
Negligence is the basis upon which all personal injury claims are founded. In the context of premises liability claims, you must prove that the property owner or management failed in their duty of care toward you and that failure caused the fall and your injuries.
What if you were partially at fault?
Per Kentucky laws, you will still be eligible for compensation even if you are partly to blame for the slip-and-fall accident that resulted in your injury. This is because Kentucky applies a doctrine known as pure comparative negligence.
Based on this doctrine, fault is shared based on each party’s contribution to the slip-and-fall accident. For instance, if the court establishes that you contributed 30% to the slip-and-fall accident (say you were drunk or distracted by a cell phone), then you will only be entitled to 70% of the awarded damages.
What is Kentucky’s statute of limitations?
Every state has a time limit within which the plaintiff can file a premises liability claim against the defendant. This is known as the statute of limitations period. Per Kentucky laws, you have up to one year from the date of the slip-and-fall incident to file your claim. It is important that you act within this statute of limitations period.
Trips, slips and falls happen when they are least expected. Knowing your legal rights and obligations can help you recover damages following a slip-and-fall accident that is not your fault.