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Articles Tagged with fall

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When a person who is injured due to another party’s careless conduct files a lawsuit, he or she may expect the matter to be concluded either by a jury trial or by a settlement.

However, a significant number of Kentucky personal injury cases – especially premises liability lawsuits arising from slip and falls, trip and falls, and fall down accidents – are resolved via a motion for summary judgment.

By granting summary judgment, a trial court is saying, in essence, that even if everything the plaintiff says in his or her complaint is true, the defendant is entitled to a judgment as a matter of law. Summary judgment is only appropriate in situations in which no genuine issues of material fact must be resolved in order for the issues to be decided.

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Places of business owe certain duties to visitors. One of those duties is safe and secure surfaces for walking. Spills can cause hazardous conditions, and businesses owe it to their visitors to clean up spills and similar hazardous conditions as soon as possible.

When a business or property owner breaches the duty of care that it owes to a visitor, the visitor has a right to seek monetary compensation for medical expenses, lost wages, and pain and suffering caused by the accident. This gas station fall case went to the Kentucky Court of Appeals, which sided with the injured person in the lawsuit.

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Generally speaking, businesses such as retail stores, restaurants, and even hospitals have a duty to keep their premises in a reasonably safe condition. When a business fails to do so, it can be held liable for the resulting physical injuries (or even a guest’s wrongful death). Those injured or the family of someone who died can file a premises liability lawsuit.

However, such cases are sometimes difficult to prove, and the plaintiff has the burden of establishing the defendant’s liability. If the plaintiff is unable to make out a case of negligence, he or she will not be able to recover any monetary damages, regardless of the severity of the injuries sustained in the accident.

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Pursuant to the Tennessee Governmental Tort Liability Act, certain governmental entities can be held liable for damages resulting from their negligence. In this bus injury case, the plaintiff won the first round, but a higher court overturned the ruling.

In order to succeed in such a negligence case, the plaintiff must show that the defendant owed a duty of care to the plaintiff, that the defendant engaged in conduct that amounted to a breach of that duty, that the plaintiff sustained an injury or loss, and that there was causation (both causation in fact and proximate or legal causation). If any of these elements fails, so does the plaintiff’s cause of action.

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