How to Prove Negligence in a Slip and Fall Case in Kentucky?

Slip and Fall Accident | January 10, 2022

If you get injured in a slip and fall accident in Kentucky, you may be entitled to financial compensation from the owner of the property or another party. A successful lawsuit could help you pay your bills and move forward with greater peace of mind. As the filing party, or plaintiff, it is your burden to prove the grounds on which you are basing your slip and fall accident claim. In general, the foundation for a slip and fall lawsuit is negligence.

What Is Negligence in a Slip and Fall Case?

A slip and fall accident can cause injuries that are bad enough to require expensive medical treatment and time away from work. Under Kentucky’s premises liability laws, a person who is injured due to a defect or hazard on someone else’s property can file a claim for financial compensation with the property owner’s insurance provider. Most premises liability lawsuits are based on the legal doctrine of negligence.

Negligence in a slip and fall accident case is the failure of a person or entity – typically, the owner or controller of the property where the fall took place – to use a reasonable amount of care in preventing foreseeable harm to others. The question of negligence in a premises liability claim looks at what the owner’s duty of care was to the visitor, whether the owner breached this duty of care and if the owner should have done more to prevent a foreseeable risk of injury. If the owner should have taken better care to prevent the incident, he or she could be held liable (legally responsible).

Common Slip and Fall Hazards in Kentucky

Whether or not the cause of a slip and fall accident was foreseeable depends on the circumstances. A property owner’s duties of care to a lawful visitor (an invitee or licensee) include checking the area for new or hidden hazards, repairing any discovered defects, and warning visitors of potential dangers. If a property owner neglects to fulfill the duties of care, he or she may be liable if a property hazard causes a foreseeable slip and fall accident and injury to a visitor.

Common examples of property defects that can cause slip and fall accidents include:

  • Wet floors
  • Wax or grease
  • Spilled liquids or food debris
  • Broken stairs
  • Damaged flooring
  • Uneven surfaces
  • Loose mats or carpets
  • Slippery pool decks
  • Clutter or debris on the floor
  • A lack of warning signs
  • Poor lighting

Poor property maintenance and a property owner ignoring a known hazard are examples of negligence that can cause preventable slip and fall accidents in Kentucky. As an injured accident victim, it is up to you or your lawyer to prove that the owner is guilty of negligence and that this is what caused your injuries. You must prove this based on a preponderance of the evidence, or enough clear evidence to convince the courts that what you are claiming is more likely to be true than not true.

Evidence to Prove Fault in a Slip and Fall Case in Kentucky

Evidence is the key to proving negligence. The more evidence that you can provide of the property owner’s failure to keep his or her premises safe, the stronger your injury claim will be. The evidence available might include:

  • A copy of a slip and fall accident report.
  • Eyewitness accounts of the slip and fall accident.
  • Copies of property maintenance logs at a store or business.
  • Any previous safety complaints against the property owner.
  • Footage of the fall on security or surveillance cameras.
  • Photographs of the scene of the fall and the victim’s injuries.
  • The victim’s shoes and/or clothing from the date of the fall.
  • The victim’s medical bills and letters from a doctor.
  • Testimony from premises liability and medical experts.
  • Slip and fall accident reconstruction videos/diagrams.

Proving negligence in a slip and fall accident case in Kentucky can be difficult, especially while you are dealing with serious injuries. Hire a slip and fall accident lawyer in Louisville to help you prove your case and secure fair financial compensation.

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