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street-building-construction-industry-300x200When 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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hospital hallway

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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winter morningEach year, thousands of people are injured in fall accidents. According to statistics maintained by the Center for Disease Control, a significant percentage of these accidents result in serious injury or even death. The case we are examining in this blog post was a fall on ice.

In situations in which a person falls on someone else’s property and is injured, he or she may be able to bring a premises liability lawsuit against the owner of the property, if the landowner’s negligence contributed to the accident. If successful, the plaintiff in such a lawsuit may be able to recover medical expenses, lost wages, compensation for pain and suffering, and other damages.

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