Slips and falls happen all the time. One moment you are walking into your favorite store and the next you are en route to the ER. In fact, slips and falls are one of the leading causes of catastrophic injuries like spinal cord injuries.
If you trip, slip and fall while lawfully on someone else’s property, you may be entitled to compensation by filing a premises liability lawsuit against the property owner or manager. Like any other legal matter, however, it’s in your best interest that you understand how the law works if you intend to file a lawsuit.
Here are two crucial laws that will shape the outcome of your premises liability claim:
The state’s negligence laws
Like most civil claims, premises liability lawsuits boil down to negligence. And each state has a method for determining negligence following an accident. In Kentucky, this method is known as pure comparative negligence.
Per this standard, fault is distributed based on each party’s contribution to the accident that resulted in your injury. For instance, if you ignored the warning sign of a potential hazard like a slippery floor, or if you were intoxicated and, thus, had impaired situational awareness, then the court might find you partly at fault. Depending on the court’s assessment, your damages will be reduced based on your percentage of fault.
The statute of limitations
Even if your claim is valid, you might lose out on the damages if you deserve if you do not file your premises liability claim within the statute of limitations period. In Kentucky, you have only 12 months to bring a premises liability claim. It is important that you do not let this statute of limitations period run out.
Protecting your interests
A trip, slip and fall can leave you with a myriad of injuries. And understanding applicable laws can be a great place to begin your quest for justice.