Did you slip and fall on another person’s property in Lexington? Despite your initial interpretation of it, the accident may not have been your fault. Property owners are often liable for accidents on their premises, and you may have the right to seek compensation. 

Regard Law Group, PLLC, has helped countless slip-and-fall accident victims navigate compensation claims and start moving forward. Call our Lexington slip-and-fall lawyers today at 859-281-1318 for a free consultation. We’ll determine whether you have grounds for an accident claim and walk you through your next steps.  

Can You Seek Compensation After a Slip and Fall in Lexington? 

Many of our clients are surprised to learn they may qualify for compensation after a slip-and-fall accident. They assume that falling was their fault, not the property owner’s. 

In reality, property owners have a duty of care to maintain safe premises for visitors. If a hazard existed on the property that caused you to slip and fall, the owner should have known about it and mitigated it before your arrival. 

Our Lexington slip-and-fall lawyers can determine the cause of the accident and help you hold liable parties accountable through an accident claim. 

Common Causes of Slip-and-Fall Accidents in Lexington 

The term “slip-and-fall accident” can refer to a wide range of accidents that take place on another person’s property. They can happen at a friend’s house, a retail store, a car dealership, or virtually any other location. They can even happen on public property, as you may have the right to hold the city liable for hazards it failed to fix. 

These are a few common causes of slip-and-fall accidents in Fayette County:

  • Wet flooring: When patrons track rain and mud into a store, the flooring can quickly become slippery, causing people to slip and fall. 
  • Spills: Spilled liquids can also become hazards if the business fails to clean them up promptly. 
  • Loose flooring: You may trip on loose or bulging carpeting, floor tiles, or rugs. 
  • Ice on sidewalks: The property owner may be responsible for you slipping on ice outside their business if they failed to clear it in a reasonable time.  
  • Merchandise on the floor: Perhaps the business owner left a pile of items on the floor, leading you to trip over them. 

Grounds for a Premises Liability Claim 

No matter the cause of your slip-and-fall accident, you must be able to prove four main criteria to have grounds for an accident claim. 

  • The property owner owed you a duty of care.
  • The property owner breached their duty of care.
  • An accident occurred due to the breach.
  • You suffered damages in the accident.

These are the same criteria necessary to prove for virtually all negligence cases. 

Property owners automatically owe a duty of care to certain types of visitors: 

  • Invitees: People a property owner invites in for business purposes. An example is a customer at a store or a contractor doing work on a home. 
  • Licensees: People who are lawfully on the property for their own benefit. An example is a patron who enters a gas station to use the restroom or a salesperson who asks to inspect your home so they can sell you something. 

Property owners owe the highest duty of care to invitees, but they are still responsible for mitigating hazards for licensees. Meanwhile, they do not owe a duty of care to trespassers. 

Our Lexington slip-and-fall lawyers can help you establish that you met the definition of an invitee or licensee while on the property where the accident occurred. Then, we can collect evidence to show that the property owner knew or reasonably should have known about the hazard that caused your accident yet failed to mitigate it. 

Compensation You Can Seek in a Slip-and-Fall Case 

You may be eligible for an insurance claim, a personal injury lawsuit, or both, depending on the details of your slip-and-fall accident. If the property owner has liability insurance, you can begin by filing an insurance claim. 

If the accident is severe and you are facing steep medical bills and other costs, an insurance claim may not fully cover your accident. You may need to sue the insurance company for additional funds or file a lawsuit against the property owner directly. 

You may be eligible for both economic and non-economic damages in a lawsuit. Economic damages cover direct monetary expenses, such as:

  • Medical bills
  • Time off work
  • Loss of future earning capacity
  • Medical equipment

You can also claim non-economic damages to cover some of the emotional costs of the accident, such as:

  • Pain and suffering
  • Loss of quality of life
  • Emotional distress
  • Mental anguish
  • Loss of consortium

Your Lexington legal representation will calculate your damages and seek the maximum compensation on your behalf. 

Statute of Limitations for Slip-and-Fall Claims in Kentucky

The statute of limitations for premises liability claims in Kentucky is typically one year from the accident date. This is shorter than many other states. You’ll need to act quickly if you want to take legal action after a slip-and-fall accident

Contact our attorneys to start the ball rolling on your case as soon as possible. If the one-year deadline has already passed, we can explore whether you may qualify for an exception to the statute. Exceptions include:

  • You were a minor at the time of the accident.
  • You were mentally incapacitated for any period after the accident.

Let Us Be Your Lexington Slip-and-Fall Lawyers

Regard Law Group, PLLC, would be proud to represent you as your Lexington slip-and-fall lawyers. We provide aggressive representation because we know how serious these accidents can be. Whether your slip-and-fall accident happened at a store or a neighbor’s house, allow us to approach your case thoughtfully and respectfully while helping you seek the maximum compensation.

Contact us today at 859-281-1318 or fill out our online form to schedule a free consultation. We will meet with you to discuss your case and explain how we can help.

Slip and Fall FAQs

How much pain and suffering is worth in your slip-and-fall case depends on the severity of the injuries. If your fall left you with serious injuries, a judge may be more likely to award you a significant amount for pain and suffering. The duration of your recovery and the impact the injury has on your life can also affect the value of this non-economic damage.

As few as 5% of slip-and-fall cases go to court. The vast majority settle out of court, meaning you and the at-fault party will reach a settlement agreement before needing to start a court battle. Keep this in mind when deciding whether to pursue legal action; often, the process of securing compensation is much less stressful than you may initially anticipate.

In Kentucky, you can file a lawsuit within one year of a slip-and-fall accident. This deadline can pass quickly when dealing with serious injuries and a lengthy recovery. Unfortunately, the statute of limitations is strict, and not many exceptions exist to this rule. Contact our Lexington slip-and-fall lawyers now to avoid losing out on compensation.