CAN YOU RECOVER DAMAGES WHEN WARNING SIGNS ARE POSTED? MAYBE.
If you are injured in a slip and fall accident there are several things to keep in mind, as your actions can have a significant impact on your case. The first and most important thing to remember (besides seeking immediate medical attention) is to gather and preserve any and all evidence. This includes photographs of your injury and the area where the fall happened, gathering contact information for any witnesses, and making sure the incident is reported, if possible. You should also be hesitant to give any statements or take any actions that could indicate that you are not injured, or that you contributed or caused the accident. Do not accept anything of value from the property owner or sign any release or settlement agreement without first consulting with an attorney experienced in premises liability law.
In order to recover for your damages, you must prove that the property owner or someone else was at fault, which means proving that the condition that caused the accident was something they knew about, should have known about, or could have reasonably fixed. In any slip and fall accident, there is always the possibility that a jury could put some or all of the fault on you, and this will depend on all of the circumstances that led to the accident. Fortunately, Kentucky is a comparative fault state, which means that even if the person or entity you are pursuing is not 100% at fault, or if you are partially at fault, you may still be able to recover for any portion of fault that is not yours.
Whether or not a warning sign is present before your fall can have a huge impact on a jury’s apportionment of fault. But that does not mean that the presence of a warning sign automatically means that your case is not winnable. Other factors that come into play are whether you actually did or could have seen the warning sign, how and where it was placed, and what actions were taken before and after the warning signs were put up. Another important factor in whether you can win your case will be your legal status on the property. Were you are a business invitee, a licensee, or a trespasser? This is a legal question that our experienced attorneys will be able to address when assessing the strengths and weaknesses of your case.
Your damages in a slip and fall accident consist of your medical expenses, including any future medical expenses you may incur, your lost wages or lost work opportunities, including any future loss of power to labor and earn that may occur if you sustain any permanent disability or restrictions, any damaged personal property or other expenses you may incur, as well as your pain and suffering. Our attorneys will recognize the many elements of damages in your case and help you prove your damages at trial, or leverage your damages into negotiating a favorable settlement.
Written by Attorney Randy L. Bayers. Randy is licensed to practice law in both Kentucky and Indiana.