At Wilt & Klausing, PLLC, we have represented hundreds of clients who sustained minor to substantial injuries in slip and fall accidents. Unfortunately, insurance companies often give victims of slip and falls the run around. Claims investigators and adjusters try to place the blame on victims to withhold the compensation they are entitled to receive.
However, as your attorney, we will refuse to allow insurance companies to drag their feet on your claim. We will gather evidence, including photographs, video surveillance footage, medical records and witness statements to establish liability and hold the negligent parties accountable.
Common Reasons For Slip And Falls
From grocery stores to shopping malls and apartment buildings, our attorneys have represented clients who slipped and fell because of:
- Wet and greasy floors
- Ice and snow-covered surfaces
- Uneven floors
- Cords and other tripping hazards
Establishing Liability In Slip And Fall Cases
Slip and falls are one of the many types of premises liability claims that exist. In general, premises liability cases rest on an attorney’s ability to prove the following elements:
- Duty – The defendant had a duty to keep the area hazard-free.
- Breach of duty –The defendant knew or should have known of the hazard and they had the opportunity to prevent or remove it, but failed to do so.
- Causation – The hazard was not known or apparent to the plaintiff. As a result, the defendant’s failure to remove the foreseeable hazard caused the plaintiff’s injuries.
- Loss – The plaintiff suffered damages and injuries.
Keep in mind that Kentucky courts will calculate the percentage that each party is at fault for the accident. For example, if you trip over a folded rug in store while you are texting, the store could be at fault because they should have removed the hazard. However, you will share fault if the court believes that you would have noticed the hazard if you had not been on your phone.
Our experienced lawyers can evaluate your case and analyze how the court may assign liability.
The Clock Is Ticking. Call Us Today.
You only have one year from the date of the accident to file a lawsuit. Do not wait until it is too late. Call our Louisville office at 800-675-4691 to schedule a free consultation or send us a message online.