Kemper Law Office
Slip and Fall Law: What You Need to Know
Every year, slip and fall accidents across the United States injure thousands of individuals . These incidents can lead to life-altering consequences, including broken bones, traumatic brain injuries, and spinal cord injuries. Too often, people dismiss slip and falls as embarrassing mishaps. At our firm, we represent clients who have endured serious injuries from falls and now face lasting challenges.
If you or a loved one has experienced a serious injury, contact our team to discuss your legal rights. With extensive experience and a proven track record, we will fight for fair compensation from negligent parties.
HOW WE HELP
At Kemper Law Office, our slip and fall attorneys bring years of experience to representing clients injured due to hazardous property conditions. We navigate the complexities of these cases and work tirelessly to secure the compensation our clients deserve.
When you choose us to handle your case, we will:
- Conduct a thorough investigation to determine liability
- Provide compassionate and personalized legal representation
- Negotiate with insurance companies for a fair settlement
- Litigate aggressively if necessary
- Keep you informed with transparent communication and regular updates
- With our contingency fee structure, you don’t pay unless we win your case; No recovery, No fee.
Our slip and fall lawyers know how much a serious personal injury can impact the life of a victim. We will fight to recover maximum compensation that covers the full extent of your injury-related medical bills, including future care for a permanent disability. We will also negotiate for the recovery of your emotional injuries, such as pain and suffering.
COMMON CAUSES OF SLIP AND FALL ACCIDENTS
Slip and fall accidents can happen for various reasons. Common causes include:
- Spilled Liquids or Food
Wet or greasy floors, especially in grocery stores, are frequent culprits. - Snow Accumulation
Failure to clear snow or ice from sidewalks and parking lots can lead to serious injuries. - Dangerous Stairs
Missing handrails, uneven steps, or poorly maintained stairs can cause severe fall accidents. - Manhole Covers
Open or unsecured manhole covers can result in dangerous falls. - Uneven Pavement
Cracked or buckled sidewalks in Louisville, KY, pose risks for pedestrians.
Even if your situation doesn’t match these examples, you may still have a valid claim.
FILING CLAIMS AGAINST BUSINESSES
Slip and fall accidents commonly occur on commercial properties like grocery stores, restaurants, and major retailers such as Kroger, Meijer, Target, Sam’s Club, or Walmart. These businesses typically partner with insurance companies and legal teams to fight liability.
Investigating an accident in a business entity can involve reviewing video footage, examining store policies and records, and much more. Large corporations will often use their extensive financial resources to intimidate injury victims, including threatening to take the case to trial if a victim does not accept a low settlement offer.
ELEMENTS OF A SLIP AND FALL INJURY
In order to successfully bring a trip and fall claim in Kentucky, a victim must be able to prove the following four (4) elements against the owner of the property where the accident occurred. Each element is described in detail below:
1) That the owner owed a duty to the victim;
2) That the owner breached that duty;
3) That an injury followed; and
4) That the owner’s breach of duty caused the injury.
Duty
The scope of a landowner’s duty depends on the victim’s purpose for being on the property. The following legal terms describe the different duties depending upon the relationship between owner and victim.
Invitee
(Business Owner/Landlord)
This is the gold standard of duties and includes business owners, landlords, or other owners who invite someone on their property for their own economic benefit. Liable parties include small business owners, large companies, residential property owners, and government agencies and entities. These owners owe the highest duty of care to customers and tenants (known as “invitees”). This includes
a.) A duty to warn invitees of the danger on their property;
b.) Regularly inspect the property in order to identify dangers; and
c.) To take reasonably prudent steps to repair any potentially dangerous condition.
Licensee
Owners owe a lesser duty to a “licensee,” who is someone such as a social guest that was invited to the property for some reason other than the owner’s economic benefit. The owner has a duty to warn these guests about dangers which the owner knew or should know about, but which the guest is unlikely to be able to see or avoid. NOTE: In some states like Indiana, social guests are considered Invitees.
COMMON SLIP AND FALL INJURIES
The accident victim must have evidence of a real injury because of the fall, usually one that a physician confirms. Slip and fall injuries range from minor cuts to life-altering conditions, including:
- Traumatic brain injuries (TBI) –Many slip and fall victims cannot control their falls and end up hitting their heads on nearby objects or the ground. Head trauma can often cause severe brain injuries, which can leave a patient in a coma and result in permanent impairments. TBI victims often spend months in the hospital and years in a rehabilitation center. They may never work or fully care for themselves again.
- Spinal cord damage — The spine is extremely vulnerable in a slip and fall accident, and victims may suffer direct trauma to the spinal cord when they land. Damage to the spine can disrupt communication between the brain and the nerves throughout the body, which can result in lost sensation, organ functioning, and movement. Any spinal cord injury will likely result in extended hospitalization. Such injuries may permanently paralyze their victims, requiring mobility devices, home and vehicle modifications, in-home assistance, and lifelong medical care.
- Broken bones, soft-tissue injuries, and dislocations.
A slip and fall case requires careful analysis to determine the extent of each client’s damages. This may particularly be true in cases that reach into the millions of dollars of damages, because potentially liable parties often fight large claims. Our attorneys are trained to perform appropriate damage calculations that they can support with evidence.
These damages may include compensation for:
- Costs of emergency medical care, hospitalizations, surgeries, rehabilitation, medical equipment, living assistance, and more.
- The amount of any future medical or psychological services needed.
- Lost earning power when injuries preclude a return to work.
- The physical pain and suffering that accompanies catostrophic injuries.
- Mental distress from the trauma of suffering a permanent injury.
- Permanency of disabilities or disfigurement.
When you consider all of the possible past and future losses of seriously injured accident victims, some claims rise into the millions of dollars. If this describes your situation, you may benefit from seeking out a firm like ours that regularly handles large claims on behalf of catastrophically-injured clients.
WHAT TO DO AFTER A SLIP AND FALL INCIDENT
Taking the right steps after a slip and fall can strengthen your claim:
- Report the accident to the property owner or manager. Ask for an official accident report.
- Take photos of the slip and fall incident and your injuries. Make sure to take photos of the foreign substance if there is one.
- Seek medical attention immediately. Go to the nearest hospital or medical center, tell the doctor what happened and obtain copies of your medical records.
- Gather witness contact information. Look for security or surveillance cameras that may have caught your fall on tape. Keep the clothes and shoes that you were wearing, as well.
- Consult a slip & fall injury lawyer promptly. Bring to the initial meeting as much information and documentation as you can about your accident and injuries to prepare for the claim process.
WHY LOCAL KNOWLEDGE MATTERS
National companies often assign out-of-state adjusters unfamiliar with Kentucky’s unique laws. Choosing a local lawyer ensures your case is handled with expertise in local statutes.
For example, Kentucky has abolished the open and obvious doctrine. Kentucky uses pure comparative fault and simply assigns responsibility. In sum, the openness of an injury does not relieve a company of its liability. Finally, Kentucky courts have held that Defendants don’t automatically win when the fall occurs over a natural hazard like ice; a Defendant still has a duty to remove the ice.
CONTACT LAW HELP LOUISVILLE
If you, or someone you care about, has suffered a fall, please email lawhelplouisville@gmail.com or call 502-771-0588. Under Kentucky law, you have one year from the date of the accident to file a lawsuit. In Indiana, the statute of limitations is two years. Acting quickly is essential to protecting your rights.
KEMPER LAW OFFICE