Anyone can slip, trip or fall while they are out shopping or grabbing something to eat with a friend. However, when this happens, injured victims should know whether someone is responsible for the accident.
Often, people wonder if the business or property owner is liable. To determine this, you need to answer a few questions first.
Who was injured?
The status of the injured party affects whether a property owner is liable for damages. Generally, premises liability laws in Kentucky protect people who are lawfully permitted on a property. Thus, if the person was trespassing or breaking into your business, a third party may not be responsible for injuries you may suffer.
If you were intoxicated, impaired by drugs or otherwise at fault for the accident, you could still collect damages from a negligent property owner. However, per state laws, any award you receive will be reduced in proportion to the amount of fault a court determines to be yours.
Was there a hazardous condition?
Some people slip and fall because they have uncomfortable shoes or simply weren’t looking where they were going. These accidents may not be linked to a hazardous condition on a property, meaning a property owner may not be responsible.
However, if there was a hazardous condition – from torn carpet to a wet floor – an owner could be liable if they knew about it (or should have known about it) and failed to take steps to address it.
Were there damages?
Slipping, tripping and falling can have painful, long-term consequences for a person. However, some people accuse victims of fabricating or manufacturing injuries. If there were no damages suffered from an accident, a claim against a property owner would likely be unsuccessful.
Thus, victims would be wise to attend all doctors’ appointments and keep diligent records on things like missed work. Further, it can be critical to watch what you say or do on social media in terms of the impact of an accident. Otherwise, you could give others the wrong impression.
Slipping, tripping and falling on someone else’s property can be embarrassing and painful. However, if you can show that the property owner was negligent, you may be able to collect compensation that makes it easier for you to recover and move forward.