A wet tile floor with a caution sign

Determining Fault in a Slip and Fall Accident

Slip and fall accidents are often unexpected incidents that can lead to severe injuries for those involved. They can occur on residential or commercial properties and are caused by a number of factors, but who is considered responsible for them? Our Kentucky personal injury team provides insight into the legal process regarding these accidents below.

Catalysts for Slip and Fall Accidents

There are a wide variety of causes for slip and falls, the most common including:

  • Wet/slippery floors
  • Uneven or loose flooring without warning signs
  • Unsafe or damaged handrails
  • Warped steps on stairs
  • Loose floorboards
  • Torn carpeting
  • Stray cords and electrical wires that can be tripped over

It is the responsibility of the business or property owner to maintain a safe environment for their customers and visitors. If messes that create slippery surfaces are not cleaned or damaged property is not cordoned off with warning signs, there is a good chance for a case, but how does it work when seeking damages?

Who is Really at Fault

The state of Kentucky looks at slip and fall accidents through the lens of comparative negligence. Comparative negligence is a rule for allocating damages when both parties are at least somewhat at fault.

Say you go to use a handrail to help you down a flight of stairs in a building, and the handrail collapses, causing you to fall and injure yourself. If the building owner is found to be 70% at fault, you will only be able to recover 70% of the damages in a successful lawsuit.

The reason these cases can be tricky is due to the fact that business and property owners will do everything they can to avoid taking full responsibility for an injury on their property. They claim there was proper signage and warnings for the danger that the injured individual should have been able to recognize, they weren’t paying attention, or they wandered into a place they shouldn’t have.

If you have found yourself injured due to a slip and fall accident, the first thing you should do is contact the experienced team at Musselwhite Meinhart & Staples to fully review your case and determine the best course of action to obtain the compensation you deserve.

If you would like to learn more about how we can help you recover damages for your injury, don’t hesitate to contact us today through our website or give us a call at (270) 200-6326 to schedule a consultation.