Proving fault for a slip and fall injury isn't always straightforward. In Kentucky, as the injured party, you have the right to pursue a claim against the party responsible for your accident. However, it's crucial to establish liability and prove that their negligence directly led to your injury to seek compensation. 

At Caleb Bland Law, PLLC, we're all too familiar with the life-altering impact of slip and fall injuries. A sudden slip on a wet floor, a trip over an unnoticed broken sidewalk, or a tumble down a poorly maintained flight of stairs – these incidents can drastically change your life in an instant. We're here to stand by your side and help you seek the compensation you rightfully deserve. 

What To Do After a Slip and Fall

When you suffer from a slip and fall accident, it's crucial to take immediate action. Your health should be your first priority.

Seek medical attention, even if your injuries seem minor at an initial glance. Hidden injuries can often surface later and having a medical record immediately after the incident can be a vital piece of evidence if you decide to pursue a claim. 

We also recommend documenting everything about the incident. This includes taking photos of the scene and your injuries, writing down what happened while the details are still fresh in your memory, and gathering contact information of any witnesses present during the accident.

It's also important to report the incident to the property owner or manager and ask for a written report if available. It's also advisable to speak with a reliable personal injury attorney for assistance.



Premises Liability

Under premises liability, property owners have legal obligations to ensure the safety of their property. If a dangerous condition existed and the property owner failed to address it, they could be held responsible for your injuries. To establish this, several elements must usually be proven: 

  • First, a dangerous condition on the property caused the accident. 

  • Second, the property owner either caused the unsafe condition or allowed the unsafe condition to persist. 

  • Third, the property owner was aware or should have been aware of the unsafe condition. 

The third element is often the most difficult to establish. Property owners are entitled to a reasonable amount of time to discover dangerous conditions. Proving they were, or should have been, on notice of the dangerous condition is critical. 

Comparative Fault in Kentucky

In Kentucky, the pure comparative fault rule is applied. This means that if you, as the injured party, are found to bear some responsibility for the accident, the compensation you receive will be reduced by your percentage of fault. For instance, if you're awarded $100,000 in damages, but are found to be 20% at fault, you'll receive $80,000. 

Now, you may wonder what factors are considered when determining this percentage of fault. These include: 

  1. Reasonableness of Your Actions: The court will evaluate your behavior leading up to the accident. If your actions are found to have contributed to the incident, your percentage of fault may increase. 

  1. Negligence of the Property Owner: The property owner's failure to maintain a safe environment will also come under scrutiny. If their negligence contributed to the accident, their percentage of fault could increase. 

  1. Notice of the Dangerous Condition: The court will examine whether the property owner knew or should have known about the hazard and failed to take appropriate action. If so, this could increase their percentage of fault. 

It's important to note that while Kentucky follows the pure comparative fault rule, a 50% bar rule is also in place. This means if you're found to be 50% or more at fault for the accident, you'll be barred from recovering any damages. 

As you can see, these cases can quickly become complex. That's why it's crucial to have us, the experienced team at Caleb Bland Law, PLLC, by your side. 

How We Can Help

Our experienced attorneys at Caleb Bland Law, PLLC have successfully handled numerous slip-and-fall cases. We understand the intricate nature of such cases and are well versed in the legal complexities involved. Our team is ready to thoroughly investigate your case, gather compelling evidence, and work relentlessly to build a robust claim on your behalf. 

The severity of your injuries and the extent of property damage can significantly influence the compensation you may be entitled to. The financial burden of medical bills can quickly mount up, especially if your injuries prevent you from working. We aim to ensure that you receive fair compensation for not only your medical expenses but also lost wages and any pain and suffering you may have endured due to your injury. 


If you or a loved one has suffered a slip and fall injury, contact Caleb Bland Law, PLLC for a free initial consultation. We've helped countless slip-and-fall victims get their lives back on track, and we're ready to do the same for you. Let us take care of the legal complexities while you focus on your recovery. Reach out today to schedule your meeting and take the first step toward obtaining the compensation you deserve.