Slip & Fall Accidents Attorney in Jackson, Kentucky
We’ve seen it happen on TV countless times: someone slips and falls, and when they stand up, they’re in obvious pain. While it can sometimes be humorous on TV, it’s anything but funny in real life. A slip and fall accident can lead to serious back and neck injuries, and it can end up costing you thousands in medical bills. This serious situation isn’t something that you should have to go through alone.
If you slipped and fell on a person or business’ property because of unsafe conditions, you may be able to seek compensation. My firm, the Law Office of Patrick E. O’Neill, PSC, can help. I have worked for my clients across Jackson, Kentucky for over two decades. If your case requires a battle in court, I’ll provide the detailed legal guidance you need. The Law Office of Patrick E. O’Neill, PSC is dedicated to serving clients in Jackson, Kentucky, as well as Campton, Stanton, West Liberty, Beattyville, and Booneville.
Premises Liability in Kentucky
Property owners can be held liable if their property is unsafe and someone suffers an injury because of it. These types of cases are known as premises liability cases: the person who is responsible for the premises where the accident happened can be held liable for not properly maintaining the space.
These cases are built on establishing the owner’s negligence, which usually means that the property owner did not use reasonable care in maintaining their property.
Examples of Premises Liability Cases
There are several different types of premises liability cases, including:
slip and fall cases
defective building conditions or premises conditions
elevator and escalator accidents
insufficient maintenance of the premises
insufficient building security
toxic fumes or chemicals
Statute of Limitations
In Kentucky, you must file a personal injury lawsuit within one year after the date of the accident or injuries. There is an exception for automobile accidents: the deadline is two years from the date of the car accident. However, if you were the victim of a slip and fall accident, you have one year from the date of the accident or injuries.
Who was at fault for the accident? Answering this question will help determine if the property owner can be held liable for the unsafe conditions that caused a slip and fall accident.
Property Owner or Homeowner
If the accident happened in an apartment building, condo, duplex, or at an individual’s home, then it was the duty of the property owner to maintain safe premises. To determine if the landlord or homeowner responsible for the property where your injury happened could be held accountable in court in Kentucky, speak with a personal injury attorney.
In some cases, a slip and fall accident occurred at a business that was operating under unsafe conditions. If this is the case, then you may be able to hold the business owner liable in court. The business owner is responsible for keeping their property in a reasonably safe condition.
When an accident takes place on property owned by a government entity, then it may be possible to hold that entity liable. However, the law is typically much more complicated when the government is involved. A knowledgeable personal injury attorney can help you determine how a case against the government would work.
Your Own Carelessness
Even if the accident was partially caused by your own carelessness, you may be able to seek compensation from the property owner. Consult with an experienced personal injury lawyer to determine if and how your case would proceed.
After you determine who may be liable in your situation, it’s important to consider how you will prove that they were at fault. To prove fault, you must be able to show that the owner caused the condition that led to the fall. It also must be shown that the owner didn’t fix the condition. Lastly, the owner should have known that the condition was dangerous by the standards of a “reasonable” person.
Pure Comparative Fault in Kentucky
Kentucky law follows the pure comparative fault rule. Under this rule, if a victim was partially at fault for an accident, they can still recover damages. However, the compensation the victim can recover will be reduced by their percentage of fault.
For example, the court may determine that the accident was 25% your fault because you didn’t pay attention to a small sign in the area of your fall. While you were going to receive $10,000 for your injuries, your award would be reduced by 25%, meaning you would receive $7,500 instead. According to the Kentucky pure comparative fault rule, even if you were 99% at fault for the accident, you may still recover damages.
Slip & Fall Accident Attorney in Jackson, Kentucky
A slip and fall accident can leave you with serious injuries and expensive medical bills—but you don’t have to face it all on your own. I’ll fight to make sure your well-being is protected. The Law Office of Patrick E. O’Neill, PSC is proud to represent clients in Jackson, Kentucky, as well as Campton, Stanton, West Liberty, Beattyville, and Booneville. Contact my firm today to set up your free case evaluation.