What to Do in a Slip and Fall Accident

Premises Liability

By Tony Colyer · April 18, 2022

Slip and fall accidents can happen almost anywhere, in both residential and commercial properties. These accidents can be due to wet floors, icy surfaces, uneven or damaged walkways, poorly lit areas, damaged floors or stairs, or other unsafe conditions. When someone intends to seek compensation after a slip and fall accident, on a residential or commercial property in Kentucky, due to a property owner’s carelessness, it’s important to know and understand the laws and legal rules that affect slip and fall lawsuits. This includes the Statute of Limitations deadline for filing and the Comparative Negligence rule.

The Statute of Limitations

The Statute of Limitations is a time limit in which a lawsuit must be filed, which can vary based on the type of case. In Kentucky, the Statute of Limitations for slip and fall cases is typically the same that applies for all personal injury cases. In personal injury cases, the Statute of Limitations adds a one-year time limit on the right to have the lawsuit heard in the civil court system, which begins on the day of the accident. If you experienced a slip and fall accident where you were uninjured, but rather had personal property damage, there is a two-year deadline to file a lawsuit, from the date of the accident. If a slip and fall lawsuit is not filed within deadline, many times the property owner may ask the court to dismiss the case. Every now and then for specific exceptions, the statute of limitations may “toll,” or pause, allowing for more time to start your lawsuit. Regardless if you think your slip and fall claim will be resolved via a settlement, it’s still important to ensure you still have plenty of time to start a lawsuit.

Comparative Negligence

If you are filing a slip and fall claim and the property owner states that you are partially at fault for the accident, they are referring to Kentucky’s Comparative Negligence rule. The Comparative Negligence rule can limit the right to file for compensation if the victim holds partial responsibility for the accident. This could be that the victim was in an area that was restricted, that the unsafe condition should have been obvious to the victim, or that the victim wasn’t paying adequate attention. When slip and fall cases are being filed, as well as in other personal injury claims, the jury or court will determine the total number of the victim’s damages. Secondly, a percentage will be designated for the portion of each party’s fault, including the victim. The court will then use those percentages to determine the victim’s compensation for damages. Despite if a victim is found to be partially responsible for their accident, they can still receive repayment. Compensation will be reduced by the percentage that the court found them at fault.

What You Have to Prove

When filing a slip and fall lawsuit, it is essential to be able to prove that 1. The property owner had an unsafe or dangerous condition on the property, 2. The property owner did not warn the victim of the unsafe condition or failed to do proper repairs, and 3. The hazardous condition directly caused the injuries of the victim, resulting in medical bills or the inability to work. Compensation for a slip and fall claim can include: medical bills, loss of income, pain and suffering, and other miscellaneous expenses that resulted from the injury.

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