If you slipped and fell in a Louisville store and think you share some of the blame, you can still recover compensation. Kentucky law doesn’t block your claim when responsibility is shared; it simply adjusts how much money you can receive. Here’s how that works and how you can protect your right to recover after a serious fall.
You can still recover even if you share fault
Under Kentucky’s pure comparative fault rule, you can recover damages even when you caused part of the accident. The court or insurer reduces your total award by your share of fault. If you carry 25 percent of the blame, you can still collect 75 percent of your damages. This system lets you pursue a fair recovery based on real facts, not assumptions, so one mistake doesn’t erase your entire claim.
Evidence decides how much fault you carry
Evidence determines fault, not guesses or opinions. Photos, witness accounts, store video and maintenance logs show who failed to prevent the accident. Even if you looked away or didn’t notice a warning sign, the store may hold more responsibility when it ignores a spill, leaves uneven flooring or fails to fix broken lighting. When your lawyer gathers and presents this evidence, it shows that your actions played a smaller role than the store’s negligence.
What you say after the fall shapes your case
Apologies or comments like “I should’ve been more careful” make it sound as though you accept blame. Those words can let insurers reduce what they owe. When you report the incident, focus on what happened, including where you fell, what you saw and what injuries you felt. Avoid guessing or assigning fault. Let your lawyer handle the communication so every statement supports your claim instead of hurting it.
Act quickly to protect your claim
Kentucky law gives you one year from the date of the fall to file a personal injury claim. Acting fast lets your lawyer gather critical evidence, including store footage, witness statements and medical records, before they’re lost. By moving quickly and keeping thorough proof, you strengthen your case and improve your chance of recovering full compensation.