A slip and fall case looks simple from the outside. Someone falls, they get hurt, the store should pay. In practice, these cases are aggressively defended. Property owners and their insurers move quickly to blame the victim, dispute the severity of the injury, or argue they had no knowledge of the hazard. Here are the questions I hear most often.

What Is a Slip and Fall Case?

Does the property owner automatically owe me money if I fall on their property?

No. A fall on someone else’s property does not automatically create liability. You have to show that the owner knew, or should have known, about the dangerous condition and failed to fix it or warn you. Simply falling is not enough. The key question is whether the owner was negligent.

What does “negligent” mean in a slip and fall case?

It means the property owner failed to exercise reasonable care. In practice that means: a hazard existed, the owner knew or should have known about it, they failed to fix it or warn people, and you were injured as a result. All four elements need to be present.

What kinds of conditions cause slip and fall injuries?

The most common ones I see are wet floors without warning signs, spilled liquids in grocery store aisles, uneven or broken pavement in parking lots, icy or slippery entryways, loose or torn flooring, poor lighting in stairwells, and debris or obstacles left in walkways.

Proving the Case

How do I prove the store knew about the hazard?

There are two ways. The first is actual knowledge; someone told an employee about the spill, or an employee saw it and did nothing. The second is constructive knowledge; the hazard had been there long enough that the owner should have discovered it through reasonable inspection. A spill that sat for forty-five minutes before you fell is different from one that appeared thirty seconds earlier.

What is the most important evidence in a slip and fall case?

Surveillance video is the single most critical piece of evidence. It can show how long the hazard existed, whether employees walked past it, and exactly what happened when you fell. Stores typically overwrite footage within days. Acting quickly to preserve that footage is essential.

What should I do immediately after a fall?

Report the incident to a manager before you leave and make sure an incident report is created. Photograph the hazard, your shoes, and your injuries before anything changes. Get the names of any witnesses. Seek medical attention the same day if at all possible since gaps between the fall and treatment are one of the first things insurers use to dispute your claim.

Does it matter what shoes I was wearing?

Insurers will raise it. They will argue that inappropriate footwear contributed to the fall. It rarely defeats a strong case, but it is something to be aware of. Photographs of your shoes from the day of the fall help address it.

Kentucky and Indiana Law

How long do I have to file a slip and fall lawsuit in Kentucky?

One year from the date of the injury under KRS 413.140. This is shorter than people expect. Do not wait.

How long do I have in Indiana?

Two years from the date of the injury.

What if I was partly at fault for the fall?

Kentucky follows pure comparative negligence, which means you can still recover even if you were partially at fault. Your recovery is reduced by your percentage of fault. If a jury finds you twenty percent responsible and your damages are $100,000, you recover $80,000. Indiana follows a modified comparative fault rule; you can recover as long as you are less than fifty-one percent at fault.

Does it make a difference whether this happened at a business versus a private home?

Yes. Businesses like grocery stores, retail chains, and restaurants owe a higher duty of care to customers than private homeowners owe to social guests. Commercial properties also tend to have more insurance coverage, surveillance systems, and incident report procedures, all of which become part of the evidence.

What Your Case May Be Worth

What damages can I recover in a slip and fall case?

Medical expenses past and future, lost wages if the injury kept you from working, pain and suffering, and in serious cases, compensation for permanent impairment or disability.

How much is my case worth?

It depends on the severity of your injury, how clear the liability is, and how long the hazard had been present. A broken hip from a fall in a grocery store where the spill sat unattended for an hour is a very different case than a minor sprain where the hazard appeared moments before you fell. I can give you an honest assessment after reviewing the facts.

Do slip and fall cases go to trial?

Most settle before trial. But these cases are heavily contested by insurers, and settling too early, before you understand the full extent of your injuries, often means leaving money on the table. I do not push clients toward quick settlements.

Working With Kemper Law Office

How do you handle slip and fall cases?

On a contingency basis. You pay nothing unless I recover for you.

Will I deal with a case manager or an attorney?

You will speak directly with me throughout the case. I handle every case personally.

Still have questions about your situation?

I offer a free, no-pressure case review for people in Kentucky and Indiana. Call 502-771-0588 or email aaronkemper@lawhelplouisville.com.