Kentucky winters can be unpredictable, and slip and fall accidents on snow or ice often occur during the colder months. Unfortunately, determining who is responsible for these accidents and the resulting damages is not always straightforward. While property owners have a legal duty to maintain safe premises, other regulations, like comparative negligence, can complicate the situation. To discover whether you can sue for injuries caused by slip and fall accidents on snow or ice, continue reading and consult with a knowledgeable Pikeville, KY personal injury lawyer today.
How Does Premises Liability Apply to Snow and Ice Accidents?
Premises liability is the legal concept that holds property owners responsible for keeping their land and buildings safe for visitors. This law requires that property owners and occupiers take steps to keep their premises reasonably free from hazards in an effort to prevent accidents and injuries. It also holds property owners liable for damages that occur on the premises due to their negligence.
If someone slips and falls because the property owner failed to maintain safe conditions, they may be responsible for the resulting injuries and losses. This includes negligence in the removal of snow and ice on the property. In Kentucky, property owners and occupants are responsible for clearing snow and ice from their own property’s walkways as well as the sidewalks that directly border their property.
Can I Sue for Injuries Caused by a Slip and Fall on Snow or Ice in KY?
You may be able to sue if you slipped and fell on snow or ice resulting from a property owner’s negligence. If their actions caused the hazardous condition or if they failed to address the danger within a reasonable timeframe, you may have a valid case.
You should consult with a skilled personal injury attorney who can evaluate the details of the situation and assess whether you should pursue legal action. If you can establish that the property owner owed you a duty of care to keep the premises safe, breached the duty of care by failing to remove snow or ice, that the breach of duty directly caused your accident, and that you sustained real damages as a result, you can successfully file a lawsuit and recover compensation.
When May I Not Have a Case?
If you fell due to snow or ice outside of a property owner’s home or business during a storm, you may not have a case. While Kentucky does not have a strict or absolute rule regarding natural accumulation, as other states do, there is generally limited liability for naturally occurring hazards, such as snow and ice. If snow or ice is still building when you had your accident, you may not have a case. However, property owners must take action to clear snow and ice within a reasonable time after the storm has passed. The “when” is an important factor in determining whether or not you have a valid claim.
In addition, if you are found partially negligent under the state’s comparative negligence system, the amount of compensation you are entitled to may be reduced. Personal injury law can be complex, so work with a skilled attorney for more information and legal advice today.
