The Importance of Witnesses in Your Kentucky Slip and Fall Claim
In Kentucky, when a property owner’s negligence causes a slip and fall accident, you may be eligible to file a personal injury claim and seek compensation. Gathering evidence is one of the most critical steps in strengthening your slip and fall claim. One of the most impactful pieces of evidence you can have is witness testimony. In a “he said, she said” scenario, a neutral third party who saw what happened can provide the objectivity needed to support you and enable you to get the compensation you deserve. If you were injured in a Kentucky slip and fall accident, keep reading to learn more about the importance of having witnesses in your case.
Why Are Witnesses Vital in Slip and Fall Cases?
In a Kentucky slip and fall personal injury case, you must prove liability to secure compensation. Unfortunately, the property owner and their insurance company will most likely not easily accept fault. You can be sure that the defense will fight your claim. For example, the property owner or their insurance company may argue that you were careless or should have seen the hazard and avoided it. This is where witnesses come in.
Accounts from third parties who saw what happened are critical in slip and fall cases. Witness testimony can help support your claim. Statements from witnesses can help demonstrate the property owner’s negligence and corroborate your version of events. Below is more on how witnesses can help your slip and fall case.
- Confirming the existence of a hazard: A witness can verify there was water, ice, or debris on the floor. They can verify that the carpet was torn or that there were no warning signs.
- Supporting your version of events: Witnesses can describe how and why you fell and the severity of the fall.
- Establishing negligence: A witness, such as a store employee, might admit how long the hazard had been there, thus helping to show that the owner knew or should have known about it and fixed it.
- Refuting defense arguments: The property owner or their insurance company might argue that you are partially to blame for your accident. For example, they might say you were distracted or were wearing inappropriate footwear. Witness testimony can help establish that you were not distracted or were wearing the right shoes and that the property owner’s negligence was the main cause of your accident and injuries.
According to KRS 411.182, if you are partially to blame for your slip and fall accident, your compensation could be diminished by your percentage of fault. This makes it critical to have witnesses who can help establish the property owner’s negligence and corroborate your version of events.
Steps To Take After a Slip and Fall Accident
If you suffer injuries in a Kentucky slip and fall accident, here are the steps to take to preserve witness testimony and strengthen your claim;
- Identify witnesses immediately and ask for names and contact information
- Request witnesses to provide written statements if possible
- Contact an attorney so they can follow up with witnesses and collect statements
It is vital that you act fast, as witnesses can be hard to track and memories can fade over time.
Contact Us for Legal Help
Our skilled London and Southeast Kentucky slip & fall lawyers at Cessna & George Law Firm can use witness testimony and other evidence to help you pursue the compensation you deserve. Contact us today to schedule a consultation.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=17782
