Frequently asked questions about slip & fall injuries

1. What is a slip-and-fall? Is it different from a trip-and-fall in Kentucky?

These two terms are practically synonymous. They both refer to an accident in which a person slips, trips or falls because of a dangerous or defective condition on the premises. In many cases, a legal claim can be filed against the property owner for the injuries incurred.

2. If I slip and fall on someone else’s property, do they have to pay for my injuries?

Not necessarily. Before the property owner can be held legally responsible, it must be shown that they were negligent in some way. A property owner – whether it’s a retail establishment or a business office or a homeowner — must keep their place free of unreasonable hazards. If the hazard is unavoidable, as when the property is being repaired, the property owner must warn people of the hazard so they can protect themselves.

3. Are slips and falls common?

Falls are one of the leading causes of unintentional injuries in the United States, accounting for approximately 8.9 million visits to the emergency department, according to the National Safety Council.

4. Where do most slips and falls occur?

Slips and falls can happen just about anywhere, on private and public property, inside and outside. Some of the common locations are:

• Sidewalks
• Escalators or moving walkways
• Parking lots
• Gyms and swimming pools
• Malls
• Grocery stores
• Restaurants
• Office buildings
• Wet or newly polished floors
• Stairwells.

5. What are the most common slip-and-fall injuries?

The injuries caused by a slip or trip and fall can be minor – bruising and soreness – or severe – broken bones and permanently disabling damage. Some of the most common slip-and-fall injuries are:

• Knee injuries
• Back pain
• Head trauma
• Fractures
• Sprains
• Dislocations
• Torn ligaments.

Some injuries are immediately obvious, but others do not manifest symptoms right away.

6. What kinds of hazards can cause a slip-and-fall accident?

Many slips and falls happen on sidewalks. Some of the things that trip people up on sidewalks are:

• Uneven slabs
• Cracks
• Debris from trees
• Missing concrete
• Water or ice.

7. Do property owners have a duty to keep sidewalks cleared during the winter?

Generally, yes. A Lexington, Kentucky, city ordinance requires that property owners remove snow and/or ice within four (4) hours after daylight and after the falling of snow has ceased.

8. What should I do if I slip and fall on someone else’s property?

First you should go to the doctor, even if you think your injury is relatively minor. This is important for several reasons. One, you may be injured more severely than you think, because some symptoms of injury do not appear until days or weeks later. You need to safeguard your health! Another reason for seeking medical help is to document the accident. Have pictures taken of both your injuries and the accident scene, if possible. And keep copies of all medical bills. If an accident report was made, obtain a copy of it.

9. What should I do if an insurance company calls me about the accident?

You should not make a statement to an insurance company without first speaking to a premises liability lawyer. At the Julie Butcher Law Office, we have experience dealing with insurance agents and adjusters. Don’t be worried about what you should or should not say – just tell them to contact your attorney and let us handle it for you.

10. What kind of attorney should I look for to handle my slip-and-fall case?

If you have had a slip and fall, you may be dealing with pain. So you will want an attorney who is compassionate.

If your accident caused severe injuries that have affected your livelihood, you will want an attorney who is thorough and one who will aggressively pursue every avenue of compensation for you.

If your accident was caused by a corporation or entity that seems intimidating to you, you need a lawyer who is not afraid to take on powerful insurance companies.