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Articles Tagged with trip and fall

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pumpkins

In a recent Kentucky premises liability case, a store in which a customer tripped and fell on a pallet underneath a container of pumpkins insisted that the customer’s fall was his own fault. The trial court agreed and granted summary judgment to the store.

Fortunately for the customer, the appellate court understood that the question was not as simple as the store made it out to be. Yes, the large box of pumpkins was clearly visible – but the wooden pallet beneath it was not necessarily noticeable to the customer under the circumstances.

Facts of the Case

In a recent unpublished Kentucky Court of Appeals case, the plaintiff was a man who tripped and fell while shopping for groceries at a store in Lexington. At the time of his fall, the man was carrying a handheld shopping basket that obscured his view of the corner of the pallet upon which he tripped. The accident caused extensive injuries to the plaintiff’s shoulder and knees, causing him to undergo multiple surgeries. He filed a premises liability lawsuit against the store, alleging that his injuries were a direct and proximate result of the store’s negligence and failure to keep the premises safe for business invitees. He sought to recover compensation for his medical costs, his lost earnings (past and future), and his pain and suffering.

The Fayette County Circuit Court granted summary judgment to the defendant and dismissed the plaintiff’s personal injury action.

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gas station

Attorneys who routinely handle personal injury cases often tell clients that it can take anywhere from a few months to several years for their case to make its way through the courts or settle.

Typically, however, the litigation process does not take anywhere near as long as it did in a case decided in March by the Kentucky’s highest court. In that case, a decade passed between the plaintiff’s initial injury and the court’s decision.

One factor that extended the case’s time in the courts was a change in the applicable law while the case was pending. Unfortunately for the plaintiffs, the court’s decision required their case to, once again, be remanded to the trial court for further proceedings.

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grocery store aisle

Say the words “slip and fall” and “grocery store,” and a mental image of a shopper sliding across the produce section on a banana peel inevitably comes to mind. It’s so cliché that it’s almost humorous – unless you are a person who broke a bone or herniated a disc in a fall.

The fact is that there are many serious injuries in grocery stores in Kentucky and across the nation each year, many of which could have been avoided had the store fulfilled its duty of care to the customer.

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