The Same Old Script For Falls
When you are injured in a fall in an apartment complex, the property owner’s insurance company plays on the same old script. You will be told the hazard was “open and obvious.” They will say you should have watched your step. Above all, they will insist the case is worth next to nothing.
As a premises liability attorney here in Louisville, I have heard every single version of these tired defenses. It is almost never an honest assessment of what happened. Property owner insurance companies play games to make you walk away before you fully understand your rights.
You trip, slip, or fall because of a genuine hazard on the property. This hazard could be something that shouldn’t have been there at all. The hazard ignored by management and left in a common area. The fall is just as real as the injuries and medical bills caused by it.
Property owners have a legal obligation to keep their premises reasonably safe for the people who live there and visit. When landlords and management companies ignore that duty, you should not have to carry the financial burden. Despite this, insurance adjusters typically offer a tiny fraction of what the injury actually costs you.
How To Make A Difference
But recovering from an injury is an exhausting and long process. It’s completely understandable for someone to consider an early settlement. Lawsuits can feel intimidating or even risky when trained adjusters make low offers sound fair. But these adjusters hide the fact that any offer made before a lawsuit is merely what the insurance company hopes you will take. These offers are not actual evaluations of what your case may be worth.
The timing, however, is critical. Kentucky has a strict one-year statute of limitations for premise liability claims. Taking that first step to filing suit changes the dynamic. Our offices recently represented someone injured in a fall at a local apartment complex. Once the defense faced formal discovery, depositions, and a jury, they were willing to fairly resolve the case.
We see the pattern often with falls. Claims shrugged off by property owners become a priority for settlement once genuine litigation is on the table. It is vital to remember that the first offer you get is not the absolute ceiling of your recovery. Terms like “open and obvious” are nothing more than insurance company talking points.
Before signing any paperwork or accepting any checks, talk to an attorney who can give you a straightforward and honest assessment of what your claim is worth.
At Kemper Law Office, I handle injury cases on a contingency basis, meaning you don’t pay a fee unless we recover money for you. If you’ve been hurt in a fall on someone else’s property, reach out to my office for a free consultation.
Feel free to call us at 502-771-0588 or email aaronkemper@lawhelplouisville.com.