Slipping and falling can be a very hurtful and traumatic experience. Indeed, not only do you have to deal with the embarrassment associated with suddenly tumbling to the ground, but you may also suffer from a wide variety of injuries that can negatively affect your life for years to come. Luckily, in many cases, you may be able to file a slip-and-fall claim to recoup your damages. That being said, the following is a closer look at when you can file a slip-and-fall claim in Pikeville, Kentucky.
What is a Slip-and-Fall?
To be clear, a slip-and-fall is a term used to describe any instant that causes you to slip and fall to the ground. They can occur in businesses, institutions, and residential dwellings alike. Although there is a wide array of reasons why these accidents may occur, here are the most common causes of a slip-and-fall:
- Poor lighting
- Defective/poorly built staircases
- Ice or snow accumulation
- Crowded aisles
- Broken/loose floors, steps, stairs, or sidewalks
- Hidden extension cords
- Wet carpets/unsecured floors
- Floor/sidewalks littered with debris
- Holes that are hidden by the carpet or the grass
Liability for Slips-and-Falls
When it comes to the liability for slips-and-falls, there are plenty of things to be considered. In particular, the first thing that needs to be considered is whether or not the company or organization in which you were injured owes you a duty of care. If it is determined that they do, you have to determine whether that duty of care has been breached.
Nevertheless, the average person is not knowledgeable enough about the laws and the associated legal terms to be able to answer such questions. Here are some examples of situations in which an individual or company may or may not be held liable for a slip and fall:
- When you were invited: If you were invited to a business for an event, there is definitely a duty of care owed to you. Moreover, if you are visiting any business that offers goods or services to the general public, you are also considered an invitee. Therefore, those who own/maintain the property should be exerting a reasonable effort to make sure the property is as safe as possible. They should also alert you to anything that could be hazardous or dangerous to your health. This means that the individual or company is responsible if you are accidentally harmed, as you may be as the result of a slip-and-fall.
- When you’re a guest: On the other hand, if you are a guest at someone’s home, you are considered a licensee. This is a word that is used to describe a person who is visiting someone’s property at their request. This is most often used for those who are attending parties, events, or simply visiting for a general purpose. Licensees are comparable to invitees. Those who invite you must take the time to ensure that the home is reasonably safe and secure for all visitors. Failure to do so, could leave them liable for accidents that occur on their property.
On the one hand, the highest level of care is owed to invitees. If a company is open for business, there is a reasonable assumption that the business is being well-maintained and safe enough for anyone who may enter the building.
On the other hand, the lowest level of care is owed to uninvited guests and trespassers. However, there are still some instances in which the property owner can be held liable for accidents that happen to these people as well. While you are not required to warn them of dangerous, natural conditions, in some instances, the landowner is expected to warn them about unsafe manmade conditions.
When can you file a slip-and-fall claim?
Now that we’ve gone over all aspects of slips-and-falls, let’s take a look at some of the instances in which you can file a slip-and-fall claim:
- Fall and injury: Obviously, if you slip, fall, and become injured on someone’s property, you may be able to file a claim. Although this is within reason, if you become injured on someone else’s property, they are often at least partially liable.
- Negligence: If your slip-and-fall was a result of obvious negligence on behalf of the property owner, this is a situation in which you can file a claim.
- Failure to warn: Likewise, if the property owner knows of dangerous conditions on their property, but fails to warn you , which results in a slip and fall, you can file a claim for this as well.
Need help filing a slip-and-fall claim in Pikeville?
If you have recently experienced a slip-and-fall and need help filing a claim, we are here to help. Rather than trying to go it alone, filing a slip-and-fall claim is a much easier process when it is filed by a legal professional. Luckily, our team of professionals here at Johnson Law Firm are here to serve you. With years of experience filing successful slip-and-fall claims, we are always happy to extend our services to those who need us most. Contact our attorneys today for a consultation and more information.
