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Proving Negligence in Slip and Falls | Karl Truman Law Office

How Do You Prove Negligence in a Slip and Fall?

March 3, 2021

Accounting for about eight million emergency visits every year, slip and fall accidents are among the most common causes of injuries in the U.S. These accidents frequently lead to broken bones, spinal cord damage, traumatic brain injuries, and even death. Treatment for these injuries can be painful, debilitating, and financially devastating. Victims may be unable to work and uncertain about their futures.

If you were injured in a slip and fall accident, you may be able to pursue compensation for your physical, emotional, and financial losses. A seasoned attorney with experience in matters of premises liability law can help determine if negligence played a role in your injury, and who may be liable for your damages.

A Louisville slip and fall attorney at the Karl Truman Law Office can explain your legal options. We understand the hardships faced by injury victims, and we are committed to helping you pursue the justice and compensation you deserve.

Was the Property Owner Negligent?

Property owners have a legal obligation to ensure their premises are reasonably safe for those who visit. This duty includes:

  • Warning visitors of any dangerous conditions that exist on the premises
  • Identifying and addressing potential risks
  • Promptly resolving hazards
  • Regularly inspecting the property

The presence of a dangerous condition on a property does not immediately constitute negligence. Whether it’s a burned-out lightbulb, a slippery parking lot, a broken step, or a wet floor, a hazardous condition can occur at no fault of the property owner. It is not generally considered reasonable to expect the owner or an employee of a property to immediately rectify or mitigate risks the moment they occur.

However, property owners must be diligent in managing dangerous conditions. If they fail in their duties to ensure a safe environment for visitors, and their carelessness leads to an accident, they may be held liable.

Did Negligence Cause My Slip and Fall?

There are different ways in which negligence can contribute to a dangerous condition:

  • If the owner or an employee of the property should have been aware of the risk but did nothing
  • If the owner or employee of the property knew about the dangerous condition but did nothing
  • If the owner or employee of a property created the hazard

Some slip and fall accidents are more clearly the result of negligence than others, particularly in cases where an owner or employee should have known about a hazard. In these situations, a slip and fall lawyer will investigate the details surrounding the accident and gather evidence to prove that the dangerous condition that caused the injury should have been reasonably foreseen by the property owner or an employee.

Time is of the essence in premises liability cases. It is crucial to contact an attorney as quickly as possible following an accident on a dangerous property.     

What Do I Do After a Slip and Fall Accident?

If you have slipped and fallen on a dangerous property, consider taking the following steps:

  • Seek medical treatment: Your health is your top priority. Seeing a doctor immediately after a fall can help identify and address any medical concerns, and properly document your injuries.
  • Report the accident: Whether your fall occurred on a private, commercial, or public property, report it to an owner, manager, or landlord right away. Request a copy of the landlord’s, manager’s, or owner’s written report before you leave.
  • Document evidence: Collect the contact information of witnesses and take pictures of the site of the accident. Capture images of the slippery or dangerous conditions that led to your fall. Write down the details of your accident, such as the date, time, location, and other details of your accident while they are still fresh in your mind.
  • Avoid giving statements: Limit your communication with the property owner or manager. Don’t give any statements to an insurance company until you have spoken with a lawyer. Do not post any details about your accident on social media.
  • Contact the Karl Truman Law Office: Slip and fall cases can be complex, and require the knowledge, skill, and resources of an experienced attorney. We have the experience and record of success to pursue the full and fair compensation you need to get back on track.

What Is the Statute of Limitations for a Slip and Fall Accident?

Like other personal injury claims, you only have a certain amount of time in which to file a slip and fall accident lawsuit. This is referred to as a statute of limitations, and it varies from state to state. In Indiana, you have two years after an accident to file a claim. In Kentucky, however, you only have one year from the date of your accident in which to file a claim.

This may seem like a long time, but make no mistake: The clock starts ticking immediately on your case. 

By choosing to wait, hazardous conditions may be cleaned or repaired, witness memories may fade, and crucial evidence may be lost. The sooner you contact a slip and fall lawyer to represent you, the better your chances become of achieving the justice you deserve in your case. 

Contact a Louisville Slip and Fall Lawyer Today

The injuries sustained from a slip and fall injury can impact every aspect of your life. You may be facing mounting medical bills, pain and suffering, and time away from work you can’t afford.  

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Don’t face your injuries alone. Call the Karl Truman Law Office at (502) 222-2222 today for a free case review. Our Louisville slip and fall lawyers serve clients throughout Kentucky.