Everybody has a duty of care. Kentucky is a pure comparative fault state, which means that every person, regardless of whether they have sustained an injury or not, is responsible for their share of fault. For example, if someone is walking and there is a hole that they should have seen but did nothing to avoid it, that person may be partially to blame.
If, however, there is a hole covered up, it may be the fault of the homeowners, water meter company, or whoever owned the sidewalk. Liability and fault are determined individually and fall along the comparative fault lines.
If you were injured, contact a slip and fall lawyer in Louisville for assistance in determining liability and holding the other party responsible for their negligence.
Care Owed By Owners
The duty of care that all property owners must exercise depend on the type of owner they are. The private homeowner has a duty to warn a person of known dangerous property and can otherwise be held liable for a slip and fall case. Commercial business owners have a duty to inspect for and look for unknown risks and warn a person of them.
Even if a business or homeowner has multiple problems with their property and cleans all but one of them they can still be considered negligent. If a person gets injured as a result of that one, unattended situation, all of their good intent is wonderful but they were negligent in failing to fix that one area and are still considered at fault and liable for the Louisville slip and fall case.
There can be multiple defendants in a slip and fall case that the lawsuit is brought against and held liable. In an apartment or a rented home, the renter and homeowner can both be at fault, depending on what happened. In a business, for instance, malls often hire third parties to be in charge of security. The slip and fall claim can be brought against both the security and mall.
The most common injuries that result from slip and fall cases are broken bones. Walking at an average pace, an average sized person will fall hard if they fall unexpectedly as is shown through common physics. If a person at that speed is thrown down on concrete or a hardwood floor, they will most likely get a broken bone which is a serious injury.
The most common causes of slip and fall accidents include a substance on the floor that should not be there, a hole, or a hazard that is sticking out.
Statute of Limitations
There is a statute of limitations that determines how long a person can wait after the injury occurred to bring forth their claim. In a Louisville slip and fall case, it is one year from the date of injury.
However, if a person falls on a city sidewalk or thoroughfare, a person has 90 days. Those are specific statutes; a person has to give them explicit notice into the right people. Therefore, a person needs to hire an attorney right away and a person has 90 days to put them on notice. If a person does not, they are forever barred from proceedings with the case.