Louisville Trip and Fall Lawyer
Trip and fall accidents are a leading cause of serious injuries in Kentucky. Unlike a slip and fall, where the victim often loses footing and falls backward, trip and fall accidents usually send the victim forward, leading to painful and sometimes life-altering injuries.
At Haney Law, PLLC, we represent individuals who have been injured in trip and fall accidents caused by unsafe property conditions. Our Louisville trip and fall lawyers know how property owners and their insurers defend against these claims, and we work hard to hold them accountable and obtain meaningful results for our clients.
What Causes Trip and Fall Accidents?
Trip and fall accidents happen when a person’s foot catches on an object or uneven surface, causing them to lose balance. Common hazards include:
- Uneven sidewalks or pavement
- Cracked or broken flooring
- Loose floorboards or tiles
- Raised thresholds at doorways
- Clutter, cords, or merchandise left in walkways
- Poor lighting that makes it hard to see hazards
- Worn or unsecured rugs and mats
- Unmarked steps, ramps or inclines
- Tree roots or broken concrete on outdoor paths
- Broken curbs, potholes, and pavement debris in parking lots
These hazards often exist because property owners fail to design, build or maintain their premises safely or address dangerous conditions in a timely manner.
Injuries From Falling Forward
Because trip and fall victims typically fall forward, the injuries they sustain are often distinct from those in slip and fall accidents, where the victim usually falls backward. Common injuries in a trip and fall include:
- Facial injuries from striking the ground, such as broken noses, jaw fractures, or dental trauma
- Fractured wrists or arms from trying to break the fall with outstretched hands
- Shoulder dislocations or rotator cuff injuries
- Knee and leg injuries, including torn ligaments, patella fractures, or ankle sprains
- Head injuries, including concussions and traumatic brain injuries (TBI)
- Broken ribs or sternum injuries from landing on the chest
These injuries can require extensive medical care, surgeries, and rehabilitation, and they may also result in long-term pain or disability.
Proving Fault in Trip and Fall Cases in Louisville
To recover compensation in a trip and fall case, you must prove that the property owner or manager was negligent. Specifically, you must show that they created the hazard, knew about the hazard and failed to correct it, or should have known about the hazard through reasonable inspections. Whether the accident was foreseeable or not is another critical issue in many trip and fall cases.
Proving an injury claim can be especially challenging when the hazard seems “minor,” such as a small elevation change in a sidewalk. Property owners often argue that the condition was too insignificant to pose a danger or that you should have noticed and avoided it. However, many building and construction codes hold that even a one-half-inch height differential is an unreasonable tripping hazard that must be rectified. Don’t assume you don’t have a case before consulting with an experienced Louisville trip and fall lawyer.
The “Open and Obvious” Defense
Kentucky law recognizes the “open and obvious” doctrine, which property owners frequently use as a defense. They may argue that the hazard (e.g., a visible curb or threshold) was obvious and that you should have avoided it. However, even if a hazard is visible, the owner may still be liable if it posed an unreasonable risk of harm or the owner should have anticipated that people would encounter the hazard anyway (for example, because it was in a busy walkway or the only available route).
At Haney Law, PLLC, we know how to counter these arguments by focusing on the owner’s duty to make the property safe and the foreseeability of the harm.
Additionally, Kentucky uses a pure comparative fault system. This means that even if you are found partially at fault for the accident (for instance, if you were looking at your phone when you tripped), you can still recover damages. Your award is simply reduced by your percentage of fault. Insurance companies often use this rule to try to minimize payouts. We push back against unfair attempts to blame victims for dangerous property conditions that are the true culprit causing a trip and fall.
Challenges With Transitory Hazards
Trip and fall cases can be difficult to prove when the hazard was temporary or transitory. Examples include:
- A box or protruding display left in an aisle by a store employee
- Merchandise that fell from a shelf
- A power cord stretched across a walkway
Property owners may claim they didn’t have enough time to discover and correct the hazard. We work quickly to preserve evidence, such as surveillance video and inspection logs, to show that the owner failed to exercise reasonable care.
How Haney Law, PLLC, Can Help
Trip and fall claims require a thorough investigation and experienced legal representation. At Haney Law, PLLC, we:
- Visit the scene and photograph or document the hazard before it is altered
- Obtain surveillance footage from the property
- Interview witnesses and employees
- Review inspection and maintenance policies to uncover safety lapses
- Consult with experts when needed to establish how the condition violated safety standards
Our team has the insight to anticipate defenses and build strong cases for our clients.
Contact Haney Law, PLLC, After a Trip and Fall in Louisville
If you’ve been injured in a trip and fall accident in Louisville, you don’t have to take on the legal process alone. Haney Law, PLLC, is here to help you understand your rights and pursue fair compensation. Call us today for a free consultation.