Injuries from slip (or trip) and fall accidents are the leading cause of hospital emergency room visits according to the Centers for Disease Control and Prevention (CDC). Property owners, including business owners and homeowners, have a legal duty to repair or remove dangerous conditions on their land that can potentially cause harm to visitors. Often, dangerous conditions like standing water, ice, broken steps, potholes, inadequate lighting, and uneven walking surfaces are not adequately addressed or are ignored completely. When this happens, someone can slip and fall and become seriously injured.

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Slip and fall injuries can occur virtually anywhere. Common locations include retail establishments, private residences, restaurants, hotels/motels, and theaters/arenas/stadiums. If you or a loved one has been hurt in a slip and fall accident, consider contacting a seasoned attorney for help. A Louisville slip and fall lawyer could help you hold negligent property owners accountable for their actions. An experienced personal injury attorney could investigate the cause of the fall, help file the lawsuit, and help you seek compensation for your damages.

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Common Slip and Fall Injuries

A minor slip and fall can result in significant bodily injury. Some of the common injuries sustained by victims in a slip and fall accident include:

  • Broken bones
  • Torn ligaments
  • Cuts and bruises
  • Concussion
  • Knee damage
  • Sprained wrist or ankle
  • Muscle strain
  • Shoulder dislocation
  • Spine injury
  • Traumatic brain injury (TBI)

Regardless of the severity of the injury, it is important for a slip and fall victim to document their injury and how it has impacted their daily life and work activities. Taking photographs of the accident scene showing the hazardous condition is also very important. A seasoned Louisville slip and fall lawyer can potentially provide valuable help with regard to documenting the injury and preserving evidence to support your claim to establish a basis for compensation.

Proving Elements of Negligence

Slip and fall claims are under the legal concept of premises liability. Property owners are required to keep their land free of dangerous or hazardous conditions. If they are unable to repair the hazards, they should warn all visitors of the dangerous conditions.

An individual who is injured by such a condition while legally on the property may have a viable claim for damages if their Louisville slip and fall lawyer are able to show the following:

  • The property owner is legally obligated to protect the plaintiff
  • The property owner breached this duty
  • The breach caused the plaintiff’s injury
  • The breach foreseeably could injure the plaintiff
  • The plaintiff sustained damages

Legally on the Property – Categories of Visitors

Another factor that may determine the viability of a claim is whether the plaintiff was an invitee, licensee, or trespasser. Determining the status of the plaintiff at the time of the slip and fall accident is crucial as the property owner has varying degrees of responsibility toward different categories of visitors as outlined below:

Invitee

An invitee is someone who comes onto the land with the permission of the property owner for a purpose that benefits the owner (generally commercial or business interests). Customers at restaurants, stores, and hotels are examples of this category of visitors.  Invitees are owed the highest duty of care by property owners who must address known hazards on the property and search out and repair less obvious safety issues.

Licensee

A licensee is an individual who has the landowner’s permission to enter the property, but the land use is for the sole purpose and benefit of the licensee. A social guest, delivery person, or plumber are examples of licensees. For licensees, a property owner must only address and warn of known hazards.

Trespasser

A trespasser is someone who is on the property without authorization or permission of the property owner. A property owner generally has no responsibility to prevent harm to trespassers. –An exception to this rule is trespassing children who are injured by so-called attractive nuisances such as swimming pools.

Protect Your Legal Rights with a Louisville Slip and Fall Lawyer

Immediately following a slip and fall accident, it is best to retain the services of a knowledgeable attorney. An experienced attorney could investigate your accident and help you hold negligent landowners accountable. Our dedicated team has years of experience helping injured individuals in Louisville and Southern Indiana recover compensation for damages. You may be eligible to recover compensation for medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life.

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