THIS IS AN ADVERTISEMENT

Weather Conditions Increase the Likelihood of Serious Personal Injuries and Death.

Hurt, Crosbie & May serves clients in Kentucky, including the following areas:
Cities: Lexington, Nicholasville, Georgetown, Richmond, Winchester, Louisville, Frankfort, Lawrenceburg, Cynthiana, Mt. Sterling, Versailles, Paris, Stanton, Harrodsburg, Clay City, Wilmore, Berea.

Counties: Fayette, Jessamine, Scott, Jefferson, Madison, Franklin, Woodford, Shelby, Anderson, Clark, Mercer, Powell, Garrard, Bourbon, Montgomery, Spencer, Estill.

Walking to You Car on Snow Covered Parking Lot Can be Dangerous:
Particularly if the Snow Contractor has Failed to Properly Clean the Surface.


Most of the time the Kentucky snow contractor is contractually obligated to defend the property manager and the owner of the property in cases where the contractor has assumed the duty to keep the parking lot clean. Unfortunately, the vast majority of the time it is rather easy to show a snow contractor has not done what was reasonable and prudent in light of their contractual obligations to the property owner or manager. It is rare these lawsuits go to trial. Most of the time a settlement is negotiated between the parties, to the benefit of the plaintiff.


Yes, sometimes the insurance companies pay a settlement considering it a "nuisance payout." This means it is much cheaper to settle the claim than incur the expense of taking a case to trial. While this is aggravating to many property owners and contractors who feel the invitee could foresee the risk, it is a viable and regularly used option to pay small claims when damages are not significant.

Once the slip-and-fall claim becomes a lawsuit, the snow contractor is either named in the suit or is enjoined by the property manager or owner as a third party to the suit. Questions (or interrogatories) are provided in written form to the parties involved for answering. After interrogatories are exchanged, the parties ask for specific documents. These documents may include requests for work schedules, contracts and identification of workers and equipment responsible for the keeping the property safe.

This process is known as "discovery," which can last several months as the parties look to gain as much knowledge as possible about events, documentation, contract language and other items for their case.

After discovery is completed, depositions are taken. Individuals who may have knowledge or information about the incident, or what the contractors/managers/owners might know or have done as part of their work or responsibilities towards the parties involved are questioned under oath.

Depositions are lawful testimony and most everything said in a deposition can be brought before a jury if the case goes to trial. Lawyers can ask many things in a deposition that might not be appropriate in court, but the deponent is still expected to truthfully answer all questions asked. Settlement discussions usually follow depositions, but occasionally can occur after discovery is completed. Both sides will argue their respective points in an effort to achieve a settlement without the cost of going to trial.

If a mediation or settlement discussion is unsuccessful, the final stage in the process is to take the case to trial and allow a jury to determine who was responsible and to determine what, if any, damages are owed.

The lawyers at Hurt, Crosbie and May take the necessary time at the outset of litigation to determine issues of responsibility, duty and fault. We work with many engineers and similar experts with knowledge in the field to understand what happened and should it have been prevented.

If you have suffered a serious personal injury due to a slick parking lot or sidewalk, call the attorneys at Hurt, Crosbie and May for a free, no obligation evaluation. (859) 254-0000.



Lexington Personal Injury | Kentucky Motor Vehicle Attorney |
Bookmark and Share

contact us
Name:

Phone:

Email:

Describe Your Case:
toll free
866. 239 .0039

127 West Main Street, Lexington, KY, 40507

©2010 Hurt, Crosbie & May PLLC, All Rights Reserved, Reproduced with Permission
Attorney website design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog