People injured in slip and fall accidents in Lexington are often embarrassed about suffering serious injuries in a seemingly simple fall. The fact is that someone who walks away from a horrific car crash without a scratch may suffer permanent debilitating injuries from a simple fall on a slippery floor in the grocery store. In many cases, a slip and fall accident can be prevented if the property owner takes reasonable precautions.
If you suffered injuries on someone else’s property, a Lexington slip and fall lawyer can review the circumstances of your case and determine whether you may be entitled to receive compensation. A skilled personal injury lawyer who understands premises liability can help you recover compensation to cover past medical bills and meet future needs you may not have even considered.
The responsibility borne by property owners varies according to several factors. The status of the person injured, the visibility of the danger, and the length of time a hazardous condition existed are just a few of the factors to consider in a premises liability case. A Lexington slip and fall lawyer can investigate and determine the potential for liability and take steps to gather evidence to prove that liability.
Under basic negligence law, a person may be held liable for harm suffered by another individual in an accident if the person owed a duty of care to the individual, failed to fulfill their duty, and the failure caused the harm. When someone is injured in a fall, the duty of care owed to that person will depend on the person’s status on the property.
If the person was invited onto the property for the benefit of the property owner, also known as an invitee, the property owner is required to inspect for potentially dangerous conditions and take steps to protect the invitee from suffering harm. An invitation may be explicit or it may be implied. For example, store owners implicitly invite customers onto their property when they are open for business.
When a person is allowed to be on the property, but it provides no benefit for the owner, that person is considered a licensee. Property owners owe a duty to protect licensees from known dangers, but there is no duty to inspect for hazardous conditions like there is for an invitee. Finally, very little care is owed to those trespassing on someone’s property.
When a property owner knows of a danger on their property which could lead to injuries, the owner should take steps to remedy the situation or at least to warn invitees and licensees of the danger and keep them away from it. For instance, if a bottle of cooking oil spills and creates a slippery surface, a grocery store should either clean up the spill right away or place warning signs and block off the area until the hazard can be removed.
For invitees, like the shoppers coming into the store, the owner or manager also has a duty to check the premises regularly for dangerous conditions. In many slip and fall cases, it is crucial to determine how long a hazardous situation existed because that will determine whether the owner should have known about it and taken steps to remedy the situation.
The statute of limitations restricts the amount of time someone has to file a claim after they are injured in a slip and fall. In most cases, a lawsuit must be filed within one year of the fall or the injured person’s right to seek recovery is forfeit.
You can avoid any complications with the statute of limitations by contacting a Lexington slip and fall lawyer as soon as you are injured. Moreover, it is crucial to collect evidence shortly after the fall, so swift action will allow an attorney to build the strongest case possible for your recovery.
Victims of a slip and fall may be able to receive compensation for economic losses and noneconomic harms suffered like emotional distress, pain, and suffering. For a free consultation to learn more, call now.
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