Slip and fall incidents often lead to severe injuries for those involved. For slip and fall accidents that occur on private property or commercial property, victims may be able to recover compensation for their medical bills, lost wages, property damage expenses, and pain and suffering damages. Usually, this compensation comes from the at-fault party’s insurance carrier or out of their personal assets. However, what happens when a slip and fall incident occurs on public property?
Just because something is considered public property does not mean that nobody is in charge of the property at all. Just about any property you can go on will have some type of property manager or property owner, even if you do not know about it.
When we think of public property, we may think of public parks, dog parks, sidewalks, and even parking lots or similar areas. Usually, we will find that there is someone responsible for inspecting and maintaining public areas. This could include a state, county, or local municipal government agency. This could also include a private entity such as a business, school, university, etc.
If a slip and fall accident occurs on public property as a result of an obvious or known hazard, it may certainly be possible to file a lawsuit against the person who controls the property to recover compensation. This includes coverage of medical bills, lost wages, pain and suffering damages, property damage expenses, and more.
Claims against the state government are allowed, as evidenced by section 231 of the Kentucky Constitution. This section essentially waives the theory of “sovereign immunity,” which has historically prevented government entities from facing certain types of lawsuits by citizens. If we examine Kentucky Revised Statutes section 44.070, we can see that it is possible to file a case with the state Claims Commission, which handles claims resulting in personal injuries or property damage caused by the negligence of the state, state employees, or state agencies.
For claims involving local governments in Kentucky, each will have a process for handling similar types of claims. We encourage you to look up whichever government you think may be responsible for your injury and research the injury claims filing process. However, all of this can be confusing, and a skilled personal injury lawyer in Kentucky will help you through this.
If you or someone you care about has been injured in a slip and fall accident and are not sure where to turn to recover compensation, you need to reach out to an attorney immediately. A skilled Lexington slip and fall accident lawyer can examine the facts of your case and work to recover evidence improving liability. An attorney can take on any property owner or government agency responsible for the public property in an effort to obtain maximum compensation on your behalf.